Buying a tourist package
2. The separate billing of elements of the same package shall not absolve the organizer or retailer from the obligations in this unit.
Note: this does not include just hiring a guide for one or more guided days.
The sale of tourist packages, that concern services to be rendered domestically and abroad, is regulated by law nr. 1084 dated Dec. 27, 1977, ratified by the International Convention on Travel Contracts (CCV) signed in Brussels on April 23, 1970 – since applicable – as well as the Consumer Code as per Legislative decree nr. 206 dated September 6, 2004 (articles 82-100) as amended.
Insurance Certificate against the risk of insolvency
Policy holder: Walk About Italy di Gianni Stanghellini d.i.
VAT Number: 01238290520
Policy Number: IT/MGA/FFI/00024/2017
Period of Insurance: from 24.00hrs CET 25/07/2017 to 24.00hrs CET 25/07/2018
Characteristics of the coverage against the risk of insolvency Underwritten by CBL Insurance Europe DAC an Irish company with registered address 13 Fitzwilliam Street Upper, Dublin 2 Ireland, authorized and regulated by the Irish Financial Services Regulatory Authority (also known as Central Bank and Financial Services Authority of Ireland) registration number C33526 and by the British Financial Conduct Authority registration number 203120, duly authorised to operate in Italy under the freedom of services regime (IVASS registration number II.00378). Object of Surety Cover Pursuant to the provisions of art. 50 of Italian Tourism Code (Legislative Decree 23 May 2011 no. 79), the Insurer is a guarantor in favor of the Insured Party(ies) and in the interest of the Policyholder, to guarantee the reimbursement of the amount paid by the Insured Party(ies) for the purchase and/or booking of the Holiday Packaged, if the Policyholder incurs in a situation of Insolvency, which determines the impossibility for the Insured Party(ies) to use (totally or partially) the Holiday Package.
Object of Additional Costs Cover
The Insurer undertakes to reimburse the Insured Party(ies) for any and all additional costs reasonably and necessarily incurred by the same following cancellation or curtailment of the Holiday Packaged due to Insolvency of the Policyholder in order to:
(i) continue with and complete the scheduled Holiday Packaged; and/or (ii) immediately return to the original contracted destination anywhere in the world, provided however that in both cases such additional costs are incurred for accommodation or transportation services having the same or similar standards as the ones agreed in the Travel Agreement and enjoyed prior to the curtailment or cancellation of the Holiday Packaged due to the Insolvency of the Policyholder.
– the status of insolvency of the Policyholder as is shown by breaches or other external facts demonstrating that the
debtor is not able to regularly fulfill its obligations anymore; or
– the filing of a petition for the declaration of the insolvency or bankruptcy of the Policyholder, in accordance with
Italian bankruptcy law or with any other applicable law regulating the insolvency or the bankruptcy of the
– the appointment of a receiver for the Policyholder, in accordance with Italian bankruptcy law or with any other
applicable law regulating the insolvency or the bankruptcy of the Policyholder.
The Insurer shall not be liable in respect of any loss or damage directly or indirectly caused by, consequent upon,
contributed to, or resulting from any of the following:
1) actual or threatened war invasion acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising military or usurped power, martial law, confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority;
2) civil commotion assuming the proportions of or amounting to a popular rising, riot, strikes, lockouts, martial law or
the act of any lawfully constituted authority;
3) any loss which at the time of the happening of such loss is insured or guaranteed by or would but for the existence of the Policy be insured or guaranteed by any other existing policy, policies or bond except in respect of any excess beyond the amount which would have been payable under such other policy, policies or bond had this Insurance not been effected;
4) fraud or willful misconduct of the Insured Party(ies).
Obligations of the Insured party(ies) in respect of Claims
In case of Insolvency of the Policyholder, the Insured Party(ies) shall immediately contact our call center, at the following telephone number: +390230510118.
Calls can be made to the caller’s charge. The Insured Party(ies) must call the Insurer indicating his/her name, Policy number, place and telephone number of the caller and the description of the problem or Claim for which he/she calls.
In case you need to send a Notice of Claim, please immediately send it, together with the documents stated below, to the following contact details:
Servisegur Consultores SL
Corso Italia, 9
Documents and information that will be requested by the Insurer prior to the refund of any amounts to the Insured
Party(ies) are listed below:
1.- Policy identification (number and Policyholder), description of the Claim object of coverage and identification of
Insured Party(ies) entitled to payment of the Indemnity;
2.- with regard to the Surety Coverage:
The Booking Confirmation and receipt for the holiday along with receipt of the monies paid to the Policyholder or to
the intermediary Travel Agency;
3.- with regard to the Additional Costs Cover:
Explanation of the circumstances under which additional costs were born by the Insured Party(ies), together with receipts and invoices providing evidence of such additional costs.
In case the Insured Party(ies) breaches such obligations by negligence, the Insurer may reduce the Indemnity proportionally, depending on the prejudice suffered, as provided for under article 1915, paragraph 2, of the Italian Civil Code.
In reporting the Notice of Claim to the Insurer, the Insured Party(ies) shall behave under good faith, it being understood that in case a false or fraudulent Claim is made by the Insured Party(ies), no Indemnity will be due by the Insurer.
With regards to the Additional Costs Cover, it is hereby understood that the Insured Party(ies) shall use due diligence and do and concur in doing all things reasonably practicable to avoid or diminish any loss herein insured, in compliance with article 1914 of the Italian Civil Code.
In case the Insured Party(ies) willfully fails to take the measures needed to avoid or mitigate the loss herein insured, the right of the Insured Party(ies) to the Indemnity is forfeited, as provided for under article 1915, paragraph 1, of the Italian Civil Code.
In case the Insured Party(ies) fails to adopt the measures needed to avoid or mitigate the loss herein insured by negligence, the Insurer will have the right to reduce the Indemnity proportionally, base and depending on the prejudice suffered, as provided for under article 1915, paragraph 2, of the Italian Civil Code.
Any complaints regarding the contractual relationship and/or management of Claims must be submitted in writing, including electronic mail, to the Insurer and addressed to:
MGA Cover Services Ltd (authorized representative of the Insurer) – email@example.com
152 City Road
London EC1V 2NX
specifying the policy number, and where applicable and/or available, the estimate or claim number as well as an exhaustive description of the complaint.
The company function assigned to manage complaints is MGA Cover Services Ltd (authorized representative of the Insurer) who, in accordance with IVASS Regulation No. 24/2008, is obliged to respond within 45 (forty-five) days.
For any complaints not relating to the contractual relationship or Claims management, but relating to failure to observe other provisions of the Insurance Code, the related implementation regulations, or the rules on remote marketing of insurance products, or for complaints already submitted directly to the Insurer that have not received a response within the period of 45 (forty-five) days of receipt of the same by the Insurer or that have received a response not considered satisfactory, the complainant may contact:
IVASS – Istituto per la Vigilanza sulle Assicurazioni
Servizio Tutela degli Utenti
Via del Quirinale, 21 – 00187 Roma,
simultaneously requesting the activation of the FIN-NET procedure, or the:
Financial Services Ombudsman (competent Irish body for the receipt of complaints concerning Irish insurance companies)
3rd Floor, Lincoln House,
Tel: +353 1 6620899, Fax: +353 1 6620890, e-mail: firstname.lastname@example.org