Difformità e modifiche contrattuali?

Change of Contract Terms

Everything is agreed now, the holiday contract is signed, and all you have to do is to pack your bags.

Nevertheless, this is not quite so; the flight, the departure time and the cost can change just before leaving. It is not what it was established in the contract with the agency that has not fulfilled its duties.

This is the law that protects you:

If these were changed before the trip, you can cancel the trip without any penalty if one of the following occurs:

- Price increase with more than 10%*, or

- Significant change of one or more of the contract terms, or

- Cancellation of the travel package.

*However, the price cannot be increased within twenty days prior to departure.

If there are changes during the trip, the tour operator is fully entitled to alternatively:

- Provide for appropriate alternative solutions for the continuation of the trip without charges supported by the tourist, in addition to compensation for damages.

- Refund the tourist for the difference between the services originally provided and those actually provided, in addition to compensation for damages.

- Organize the early return at no cost for the tourist, if there is no alternative solution, returning the difference between the cost of the services provided and the cost of the services carried out up to a certain moment until the early return, in addition to compensation for damages.

Some court decisions:

Two tourists bought an all-inclusive package described in the catalog of a famous tour operator, starting with a direct flight from Naples to Sharm El Sheik, establishing exact dates of departure and return on direct flights. However, four days before departure, the tour operator communicated to the tourists that due to the cancellation of the flight, they would have to be 're-routed' with a direct flight from Rome, whose departure time had been anticipated from the afternoon to the morning of that day. Consequently, the tourists, both busy professionals, communicated to the tour operator that because of work commitments already set out for the morning of the departure they were forced to cancel the trip, not accepting the change of the travel package. Ruling on the request of the tour operator to be paid a 100% penalty, the Justice of the Peace for Casoria did not approve of it and ordered the tour operator to pay for the damages suffered by the tourists for having to cancel the trip planned, in the amount of Euro 800 to each, in addition to the payment of the legal costs of proceedings.

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