General terms and conditions of sale and terms of use of the e-commerce platform – updated on 23 October 2026
Subject matter
Company details
Definitions
General Information
Table of contents
Section 1. PARTNER.BASILICASANIETRO.VA PLATFORM
Section 2. THE PARTNER.BASILICASANIETRO.VA E-COMMERCE PORTAL - GENERAL TERMS AND CONDITIONS
Section 3. SPECIAL TERMS AND CONDITIONS
Section 4. COMPLAINTS
Section 5. INDUSTRIAL PROPERTY RIGHTS
Section 6. PRIVACY
Section 7. GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL (FTO)
Subject matter
The travel services and/or any travel packages available for purchase through the St Peter’s Basilica B2B e-commerce platform at partner.basilicasanpietro.va (hereinafter the “Website”) are governed by these general terms and conditions of sale (hereinafter the “General Terms and Conditions”) and are offered, in the various capacities described below, by HIVE SRL, Company subject to the management and coordination of Assist Group S.r.l. (hereinafter also “HIVE”). These General Terms and Conditions apply exclusively to B2B use of the Website and purchases of Services, and are intended for registered travel agencies and tour operators and, as regards St Peter’s Basilica Experiences, tourism professionals such as tour guides (hereinafter also “Partners”).
HIVE reserves the right to supplement and/or amend the General Terms and Conditions and to publish them on the Website at any time.
By registering on the partner.basilicasanpietro.va platform, the Partner accepts these General Terms and Conditions.
HIVE acts both as an intermediary in the sale of services and/or any travel packages offered by other suppliers/organisers and as an organiser in its own right, in compliance with all applicable laws and regulations. The Services sold through the platform are intended exclusively for professional Partners. Each Partner must verify that its business complies with the laws applicable in its own country and to its Customers.
HIVE acts under a mandate without representation in relation to the Partner, which must be regarded as the party responsible for resale and invoicing to its end customers.
HIVE’s liability is governed by the provisions referred to below.
The St Peter’s Basilica B2B e-commerce platform operated by HIVE provides the Partner, based on the requests and searches it makes online, with proposals for services/experiences, any travel packages or travel ideas, in return for payment for the service offered, which the Partner may offer to its end customers without disclosing HIVE’s name.
Any travel packages on the platform are not offered to tour guides and are governed by the Italian Tourism Code, specifically Articles 32 to 51-novies, as amended by Legislative Decree No. 62 of 21 May 2018 https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg, transposing and implementing Directive (EU) 2015/2302, which is incorporated herein in full to the extent applicable to relations between professional agencies. Contracts for the provision solely of transport, accommodation, admission tickets or any other separate travel service do not constitute travel organisation or package travel contracts, do not benefit from the protections provided by the Tourism Code, and are subject to the individual supplier’s contractual terms. Responsibility for proper performance of the contract rests solely with the service supplier.
The Partner acknowledges and agrees that it acts in its own name in relation to its Customers and that HIVE shall in no way be directly liable to end consumers for services purchased and resold by the Partner. The Partner alone is responsible for managing contractual relations with end consumers, including compliance with applicable regulations, pre-contractual information and the handling of any complaints.
Company details:
HIVE S.r.l., , Company subject to the management and coordination of Assist Group S.r.l.
Via E. Conti, No. 7
42020 San Polo D’Enza (RE)
VAT No. 02893710356
Share capital: EUR 1,000,000.00, fully paid up
Business Register No. RE-322623 of 19 June 2020.
Holder of Travel and Tourism Agency Licence No. 32657 of 26 January 2023.
Liability insurance: pursuant to Article 47(2) of Legislative Decree 62/2018, HIVE has taken out professional liability insurance policy No. 4804756 with Europ Assistance Italia.
When purchasing travel packages, travellers benefit from protection in the event of the organiser’s or retailer’s insolvency or bankruptcy, regardless of their place of residence, place of departure or place of sale of the package, and regardless of the Member State in which the body responsible for providing insolvency or bankruptcy protection is established. For this purpose, the Partner guarantees full compliance with this obligation towards its end customers. For its part, to secure its obligations against insolvency or bankruptcy under Article 47 of the Tourism Code, HIVE has joined the Guarantee Fund established by AIAV.
The partner.basilicasanpietro.va e-commerce Portal enables only Travel Agencies and/or Tour Operators registered on it (hereinafter also “Agency/Agencies”) to prepare quotations, check availability in real time, make reservations or purchase, in their own name and on behalf of their customers, including directly online, both individual experiences/travel services freely combinable by the Agency and any travel packages available.
Use of the B2C platform (booking.basilicasanpietro.va) is expressly prohibited. In the event of a breach of this prohibition, Fabbrica di San Pietro (FSP)/Hive may, at their discretion, suspend the account or, in more serious cases, permanently block it.
Where a partner account is suspended/blocked for breaching this prohibition or other platform usage rules contained in the sales T&Cs, partner marketplaces will also be notified so that sanctions cannot be circumvented through misuse of the Platform reserved exclusively for B2C.
DEFINITIONS:
Agency/Agencies (or agency/agencies): the Travel Agency/Tour Operator registered and authenticated on the Platform whose principal business is the organisation of land, sea, air, lake and river transport when directly organising trips, cruises, outings and excursions that include additional services beyond those strictly necessary for transport, and those conducting local and regional rental activities, as well as any other undertaking carrying out related activities.
Restricted Area of partner.basilicasanpietro.va: the area accessible through dedicated credentials only to Agencies registered on the e-commerce Portal.
St Peter’s Basilica Experiences: Basilica admission reservation services and/or tickets constituting admission entitlements for visits to the Basilica’s historical and cultural sites managed by Fabbrica di San Pietro (Dome, Necropolis).
Cache: a temporary data storage area for more frequently accessed data, used by certain Suppliers integrated with the e-commerce Portal to speed up responses to XML queries. It returns reliable but not guaranteed data.
Unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Circumstances arising from liturgical requirements: circumstances resulting from decisions by the Holy See and the Holy Father to hold extraordinary liturgical celebrations during the Jubilee year, resulting in cancellation of admission to the Basilica’s areas of historical and cultural interest and of admission reservations for visits to St Peter’s Basilica;
Customers: the end consumers for whom the Agency purchases individual services, trips or web packages on the e-commerce Portal.
Terms and Conditions: collectively, all the terms and conditions contained in the Sections comprising the General Terms and Conditions and the Special Terms and Conditions of contract.
General Terms and Conditions: the general terms and conditions below governing sales through and use of the e-commerce Portal, as updated from time to time by publication on the e-commerce Portal, which are binding on Agencies wishing to purchase products or services on the e-commerce Portal.
Specific or special terms and conditions: those applied by the respective suppliers providing travel products and/or services.
Financial terms: the financial terms reserved for Agencies registering on the Website, which vary according to the type of purchase and are applied by HIVE to Agencies for purchases that can be completed online through the e-commerce Portal.
Authentication Credentials: the email address and password used by the Partner to access the Website.
Customer service: the support service provided to all registered Agencies in the manner and on the days and at the times indicated on the e-commerce Portal.
Provider/Providers: third parties other than HIVE that actually provide, directly or indirectly through third-party Suppliers or XML Suppliers, the services contracted by HIVE for the partner.basilicasanpietro.va e-commerce portal.
Experience: a travel package consisting of a combination of at least two different types of travel service and including a private or group (shared) activity, which may therefore include, by way of example and without limitation, a guided tour of museums or places of interest, travel by one or more means of transport, a practical activity, lunch, dinner or a tasting at selected locations, as well as stays in unusual and unconventional accommodation.
Supplier: companies contracted by HIVE to supply experiences and other travel services.
XML Supplier or XML Aggregator: companies (transport banks, bed banks, service banks and rental banks) contracted by HIVE and integrated with the e-commerce Portal via XML.
Force majeure: unavoidable and extraordinary circumstances that are not attributable to either party and are beyond their control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Tour Guide: a professional who accompanies individuals or groups on visits to works of art, museums, galleries and archaeological excavations, explaining their historical, artistic, monumental and other attractions, and who must be included in bookings on the B2B platform. Only Tour Guides holding a professional identification card may apply to register on the e-commerce platform.
Travel Ideas: any Travel Ideas published on the e-commerce Portal, created by HIVE experts, which Agencies may customise and reprice by entering their customers’ specific information, and then purchase, if available, or save their search as their own Travel Idea without generating any reservation or option on the selected services.
Minor: a person under 18 years of age who lacks legal capacity to enter independently into contracts and other legally valid transactions.
Search engine: a simple or advanced automated system that initiates a search based on the mandatory data entered by the Agency and returns, as search results, content received from integrated XML suppliers or preloaded by HIVE and made available on the e-commerce Portal, automatically ranking it according to criteria that vary for each search engine. The Agency may freely select these results, including through dedicated filters.
E-commerce Portal or e-commerce: the St Peter’s Basilica B2B e-commerce Platform operated by HIVE, which enables Agencies, through dedicated search engines or by customising and repricing travel ideas, to purchase individual services and web packages online on behalf of their end customers, or to save proposals or travel services on the platform as “travel ideas”.
Package or Travel package: a combination of at least two types of travel service, comprising transport, accommodation, vehicle rental or other travel services, for the same trip, where combined by a single trader or, even where separate contracts are concluded with individual travel service suppliers, purchased from a single point of sale, offered at an inclusive price, advertised as a “package” or under a similar term, or, finally, combined within 24 hours after conclusion of an initial contract, including through linked online booking processes. The use of “Travel Package” in these Terms and Conditions also includes web packages.
Web package: expressly means only travel packages freely assembled independently by Agencies through the e-commerce Portal, including those that can be customised and repriced by the Agency and are published online on the B2B Portal as Travel Ideas.
Partner: the Agency/Tour Operator/Tour Guide holding a VAT number.
Platform: the partner.basilicasanpietro.va technology platform operated by HIVE, comprising an e-Commerce Portal dedicated to online sales, supporting the trade and tailored to the specific professional requirements of accepted and registered Agencies.
E-commerce Portal: the Website
Booking: an order placed through partner.basilicasanpietro.va
Basilica admission reservation service: a reservation that can be made online through partner.basilicasanpietro.va for a group to enter St Peter’s Basilica on a specified day and at a specified time. The reservation service may not be resold individually and must be included in a package containing at least one other product and/or service. Resale of the individual service purchased is prohibited. Tourism operators are prohibited from reselling services and/or products purchased on the partner platform, even as part of a package, at prices below those displayed to the public on booking.basilicasanpietro.va. Specifically, within the package, the price of the product/service purchased on the partner platform must be opaque (and therefore not separately displayed or visible to the public), and the total price of the package containing each service/product purchased on the partner platform may not be equal to or lower than the price displayed to the public on booking.basilicasanpietro.va for the same product/service.
To benefit from direct access from the Vatican Museums to the Basilica, the group must always be accompanied by a Tour Guide. If an Agency/TO makes bookings for schools wishing their student group to be guided by teachers with expertise in the subject, a teacher may be designated as guide provided that they hold written authorisation on the school’s authorised stationery permitting them to perform this activity. An Agency/Tour Operator wishing to book for a group accompanied by a Tour Guide may use this booking type for a minimum of 2 people (including the guide) and a maximum of 31 (including the guide). The tour guide must be licensed to perform this activity and hold a professional identification card. After entering, the guide must go to the on-site ticket offices to pay for and collect radio headsets (if the group does not have them), presenting the booking and tour guide identification cards. Unlicensed guides are not admitted to the Basilica or its associated areas (except school groups guided by teachers holding written authorisation on their school’s letterhead), nor are groups led by a licensed tour guide admitted without radio headsets. Tour guides may also use the reservation service.
Price: the amount resulting from the selection of one or more services based on the date, time, location, number of participants, type of service and other details entered on the platform by the Agency on behalf of its customers, updated and offered for immediate confirmation if the services are available. All amounts include the taxes provided for by the tax legislation in force at the time of sale.
Rate rules: part of the specific terms and conditions, these are the rules set by suppliers determining how a travel service may be used, cancellation deadlines if refundable, penalties if non-refundable, and whether the booking may be changed. The Agency may consult these rules when selecting services and in any event before purchase. By purchasing, the Agency is deemed to have accepted them and undertakes, under its direct responsibility, to obtain its customers’ binding acceptance in its own name.
Binding Request: only where the e-commerce Portal returns search results for services that cannot be confirmed immediately, the Agency may choose to proceed by submitting a binding and irrevocable request to HIVE for the Service/Package it wishes to confirm. HIVE will check whether the same Service/Package can be confirmed and notify the Agency of the outcome as soon as possible (within a few working days). If the Service/Package can be confirmed at the same price, HIVE will make the booking without requesting further confirmation from the Agency.
Services: all travel services available for purchase on the Website, including, by way of example and without limitation, Travel Packages, Web Packages, Individual Services, Individual Services on request or Travel Packages on request, trains, charter/low-cost/scheduled Flights and St Peter’s Basilica Experiences.
Individual service: passenger transport, accommodation, rental of cars and other motor vehicles, and any other travel service considered individually and not combined with other services.
Individual service or travel package “on request”: only for certain product types marked “on request” or not immediately available, for bookings that can be made online through the e-commerce Portal, the Agency may submit binding and irrevocable requests for these Services or Packages.
Website: www.partner.basilicasanpietro.va
Summary (page): the page summarising the services selected by the Agency and added to the basket, including the total price, payment method (deposit and balance or full payment) and payment deadlines.
Durable medium: any instrument enabling the trader to store information addressed personally to it so that it can be accessed in future for a period appropriate to its intended purpose and enabling the unchanged reproduction of the stored information for transmission to its customer.
Train: high-speed trains, national/international long-distance trains and regional trains regularly operated by a national railway company.
(Other means of) transport: land/sea transport connections other than aircraft and trains.
Users or Agency-User: professional and qualified staff belonging to the Agency authenticated on the partner.basilicasanpietro.va e-commerce platform operated by HIVE and having access to the e-commerce Portal.
Agent User: a basic access profile for the e-commerce Portal reserved exclusively for qualified staff belonging to the Agency.
Agency Manager User: an advanced access profile for the e-commerce Portal reserved exclusively for qualified staff belonging to Agencies.
XML: the technical language connecting the e-commerce Portal’s Search Engines to its integrated Suppliers.
User: an operator registered on the Website.
Retailer: a trader other than the organiser who sells or offers for sale packages combined by an organiser.
Charter flight: a flight provided by an airline using an aircraft chartered by the Tour Operator; this type of flight does not appear in the list of flights regularly operated by an airline. Also known as an ITC flight. Flight times are generally not known at the time of purchase, particularly for flights chartered to certain holiday destinations during a specific period; where flight plans include one or more stops, these and the flight times will be confirmed no later than 24 hours before departure.
Scheduled flight: a flight regularly operated by a scheduled airline.
Low-cost flight: a flight regularly operated by a low-cost airline that limits included ground and in-flight services and provides paid services (including, without limitation, hand and checked baggage, on-board meals and drinks, seat allocation and animals), some of which cannot be purchased on the website but only by contacting the carrier and subject to its rules. Please refer to the carrier’s general conditions of sale and carriage.
General Information
Unless otherwise defined in these General Terms and Conditions, capitalised terms shall have the meanings assigned to them in the General Terms and Conditions and the Special Terms and Conditions. Terms defined in the singular may also be used and understood in the plural.
Use of the e-commerce Portal entails acceptance of the Terms and Conditions in their entirety and in the version in force at the time of use, as published on the e-commerce Portal, with the resulting obligation for the Agency to duly inform its traveller/consumer customer of all the requirements set out therein.
Individual services bookable on the e-commerce Portal are performed by the relevant supplier and provider, which alone is responsible for their proper performance and must be informed promptly and without delay by the traveller/consumer, taking account of the circumstances, of any lack of conformity identified during performance of the service.
Section 1: PARTNER.BASILICASANIETRO.VA PLATFORM
The e-commerce Portal, reserved exclusively for Agencies, enables access to availability and the booking and purchase of the following, under the terms and conditions set out below:
i) St Peter’s Basilica Experiences and/or Individual Services;
ii) Travel packages (where available on the platform);
iii) multiple Travel Services that Agencies may freely combine online through the e-commerce platform.
1.1 Restricted area
The Agency, Tour Operator and Tour Guide may access their Restricted Area on the e-commerce Portal only after accepting these Terms and Conditions and authenticating. Authentication depends exclusively on access credentials that the Agency must request from HIVE, as the tour operator operating the e-commerce platform. The request must be submitted by completing the dedicated online form available at partner.basilicasanpietro.va. Credentials will be activated after checking that the data entered by the Agency and the subsequently requested documentation are complete.
Agencies may request access for an individual operator or obtain multiple sets of access credentials with two different profiles:
i) “Agent” User with limited permissions which nevertheless allow online purchases of Individual Services and Web Packages to be completed
ii) “Agency Manager” User with broader permissions, access to all bookings generated by Agent Users and certain system settings
Use of the e-commerce Portal’s Restricted Area presupposes that Users authorised by the Agency, or the Tour Guide accessing it, are industry experts and have all the technical tourism expertise necessary to operate it diligently.
By clicking on the registration request, the Agency accepts all the General Terms and Conditions, including all clauses pursuant to and for the purposes of Article 1341 of the Italian Civil Code. By registering, the Agency specifically approves these provisions, which shall be valid and binding on the Agency itself or the Tour Guide applying for registration. The Agency also guarantees that it delegates registration requests only to persons duly authorised to represent it and possessing the necessary powers and authorisations. The Agency represents and warrants that all data and information provided during registration are up to date, complete, true and accurate. The Agency undertakes to promptly update any changes to its registration details on the Website.
The Agency/Tour Guide shall be solely responsible for its Authentication Credentials and any other PIN, password or authorisation and/or authentication code, both as regards safekeeping and use.
If the Agency/Tour Guide becomes aware of any unauthorised use of Authentication Credentials and/or any breach of password confidentiality, it must promptly notify the data Controller and Website operator in writing (HIVE S.r.l., via Conti 7 - 42020 San Polo d’Enza (RE), email legal@basilicasanpietro.va
All transactions carried out using the Authentication Credentials are deemed to have been carried out by the registered Agency to which those Authentication Credentials relate.
HIVE reserves the right, at its discretion and at any time, to:
• terminate the contract with the Agency in the event of improper use of the Website or use contrary to the general terms and conditions;
• refuse registration or cancel existing Authentication Credentials and simultaneously initiate deletion of the profile, without any obligation to state the reasons for these decisions or any entitlement to indemnification or compensation arising therefrom.
HIVE clarifies, as provided in the General Terms and Conditions, that:
• it is not liable for any direct or indirect damage, claims or losses suffered by the Partner as a result of failure and/or malfunction of the Website or the Agency’s or third parties’ electronic equipment (including Internet Service Providers);
• it cannot be regarded as being in breach towards the Agency or liable for any damage where electronic services linked to the Website cannot be provided or the Website cannot be accessed owing to malfunction of electronic communications beyond its control (such as unavailable telephone connections or other network service providers, malfunction of the Agency’s computers and other electronic devices, malfunction of software installed by the Agency, or actions of other Partners or other persons with access to the network);
• it may suspend and disconnect the Website, permanently or temporarily, without liability towards the Agency;
• it is not responsible for hyperlinks, if any, on this Website to websites managed by third parties other than HIVE, which are provided for information only; HIVE’s inclusion of hyperlinks to such websites does not imply any endorsement of the material published on them or any other relationship between HIVE and their operators.
1.2. DURATION AND NATURE OF THE OFFER
Service offers viewable on the Website remain valid and available for purchase for as long as they are displayed on the platform, and may change in real time in terms of availability, price and rate rules.
Through photographs and illustrations supplied by the respective suppliers, HIVE seeks to provide a realistic view of the services offered. However, photographs and illustrations in the descriptions are purely illustrative, are provided by the suppliers of the services offered and may not reflect the condition of facilities and services at the time of booking, since those suppliers/providers do not update them continuously. In any event, such photographs and illustrations are binding on HIVE only insofar as they indicate the category or standard of the services. Registered Agencies should refer to the photographs and descriptions published by the actual service providers on their respective official websites. HIVE does not guarantee the accuracy of software, products, information and services published on its Website, as these may contain typographical or typing errors or system inaccuracies; it is not liable for inaccuracies in information relating to air, sea or road transport, accommodation facilities, whether hotels or otherwise, or any other information, product or service on the Website (such as videos, photographs, etc.).
SECTION 2: THE PARTNER.BASILICASANIETRO.VA E-COMMERCE PORTAL – GENERAL TERMS AND CONDITIONS
2.1 General, specific and financial terms and conditions
Searching for and purchasing St Peter’s Basilica Experiences and/or any Travel Packages online through the e-commerce Portal is governed by these Terms and Conditions, the “specific terms and conditions” contained in each offer available for purchase, and the contractual terms and rate rules applied by individual Suppliers or the respective organisers of any packages, including cancellation penalties. The Agency undertakes to check these carefully and accept them before each purchase, and to communicate them to the traveller before purchase. The Terms and Conditions are binding on the Parties; every online booking completed by the Agency through the e-commerce Portal presupposes the Agency’s express and unconditional acceptance, acknowledgement and application thereof, and the resulting consent to data processing.
If Fabbrica di San Pietro and/or HIVE decide to amend the specific Terms and Conditions, prompt notice will be given by publication on the e-commerce Portal or, at their sole discretion, by express written notice emailed to the address provided by the Agency when registering on the e-commerce Portal. Financial terms reserved for Agencies, including for purchases that can be completed online through the e-commerce Portal, vary according to the type of purchase made by the Agency through the e-commerce Platform and may be consulted directly on the e-commerce Platform.
2.1.2 General terms and conditions relating to the reservation service for admission to St Peter’s Basilica and tickets for admission to the Basilica’s associated areas of historical and cultural interest (Dome, Necropolis, etc.), including in combination with other e-commerce platform services.
As regards St Peter’s Basilica Experiences (i.e. the reservation service for admission to St Peter’s Basilica or the purchase of tickets for admission to its areas of historical and cultural interest, such as the Dome, Treasury Museum, etc.), by registering on the platform the Agency expressly agrees that:
a) for every purchase of St Peter’s Basilica services intended for groups, the Partner must include the service in a package with at least one other service and/or product. Resale of the individual service purchased is prohibited. If services are purchased for direct access from the Vatican Museums, a guide must be provided (not included in the services bookable on the platform). In all cases, the names of each Group member and the email address at which the Partner wishes to receive the purchase confirmation voucher and, subsequently, the group’s single booking QR code, constituting the admission entitlement to the Basilica, must be entered at purchase. After completing the booking procedure, the Partner will receive the confirmation voucher (not valid for admission) at the email address entered in the “Adult 1, Main Contact/GUIDE” section, followed by a separate email (sent at 03:00 AM on the day of the visit) containing the single admission QR Code for the entire group. The Partner’s operator must check the inbox (including the spam folder) and ensure that the group’s QR Code has arrived for distribution to the guide. Alternatively, only on the day of the Basilica visit, the Partner may retrieve the Admission QR Codes at https://myqr.basilicasanpietro.va by entering the email address and information shown on the confirmation voucher.
b) names may be changed by the qualified, authorised Partner until 23:59 on the day before the booked admission date for the Basilica or its associated areas (Dome). The Partner is responsible for ensuring that its customers whose names have been registered, and therefore the guide, receive the personalised admission QR codes by email and/or any other form of personal communication established with the end customer/guide responsible for the group. HIVE may in no way be held liable for failure to communicate/deliver admission entitlements to customers.
c) where a group has between 15 and 31 members, each Group must always include a licensed guide holding the appropriate professional identification card certifying their authorisation to practise. If an Agency/TO books for schools wishing their student group to be guided by teachers with expertise in the subject, a teacher may be designated as guide provided that they hold written authorisation on the school’s authorised stationery permitting them to perform this activity. The group guide’s First Name and Surname must be entered in the first booking field, labelled “Adult 1, Main Contact/Guide”: please pay attention to the email address entered in this field, as the single admission QR code will be sent there. When making multiple bookings for a group of up to 31 people (including the guide), it is sufficient for the guide, holding the group booking vouchers, to state at the entrance that the members covered by the next group’s vouchers are also accompanied by that guide. Multiple booking entails two or more separate vouchers (each identified by a different BEE code), always within the limit of 31 people (including the guide) in total belonging to the Group accompanied by the same Guide throughout the visit. The name on the ticket/booking must match that of the actual user. In the event of checks, a mismatch between the name entered and that of the actual user is treated as absence of a valid admission entitlement for the reserved booking routes. Visitors without a valid entitlement to use the route reserved for ecosystem bookings will nevertheless be granted ordinary free access from St Peter’s Square. If the name mismatch concerns an admission ticket to the Basilica’s associated areas, such as the Dome, a new ticket must be purchased on site, subject to availability. The Partner is therefore fully responsible for checking that names are correct by 23:59 on the day before the booking date. The Partner is not entitled to any refund where access via the route reserved for online bookings is refused because the names on the booking do not match those of the actual users.
d) Groups must use radio headsets: if the group does not have them, the Guide, holding their professional identification card and voucher, may hire radio headsets for all Group members at the ticket offices for €1.50 per device.
e) where the Group enters the Basilica directly from the Vatican Museums, or where it comprises more than 15 and up to 31 participants (including the guide), the guide must accompany the group throughout the designated route and comply with all instructions regarding times, procedures, routes and any other matters specified in the booking voucher, respecting the booked dates/times/services uniquely identified by the booking code. If the named guide is not physically present at access control, entry will be refused to the entire customer group, without any entitlement to refunds or recourse. A guide may accompany one group every 2 hours for a Basilica visit. An additional 60 minutes must be allowed for a visit to the Dome or Treasury Museum. Subject to these restrictions and availability, the guide may accompany several groups on the same day.
f) where force majeure makes access to the Basilica or its associated areas impossible, tickets are non-refundable;
g) extraordinary organisational or liturgical requirements during the year, particularly the Jubilee year, may result in cancellation of the booked time slot up to 24 hours before the booking date: in that event, HIVE, on behalf of St Peter’s Basilica, will reschedule where possible, if accepted by the Partner, or provide a full refund for the reservation services/tickets purchased.
h) the obligation to inform its customers of the rules in this clause 2.1.2;
i) where additional services offered directly by the Partner are combined, the Partner is responsible for applying the laws of its country of establishment to the package it assembles, including where the e-commerce platform is used, holding HIVE and St Peter’s Basilica harmless from any liability for the package sold to its end Customers.
j) use of the platform to resell services available on it to other third-party tourism operators is prohibited, except on platforms where the user is a direct supplier. Resale for any purpose to third-party operators engaged in other business activities is also prohibited;
k) purchased tickets may not be changed except for the end Customers’ name fields, which the Agency may change through its Agents’ back-office access. All other fields, although visible, cannot be changed; in any event, the single admission QR code refers exclusively to the initial sales data, supplemented by the names registered by 23:59 on the day before the visit. System logs will record all changes made in any back-office area for any action described in paragraph l) below;
l) Hive may carry out both IT checks on data recorded in the platform logs and spot checks by its own and/or FSP’s staff directly at access control, concerning any matter governed by the General Terms and Conditions. Improper or fraudulent use of the e-commerce platform by the Partner for admission to the Basilica and/or its associated areas (including, without limitation, resale of reservation services/Dome/Necropolis admission tickets to end customers at increased prices, or resale of tickets or the online reservation service on websites attributable to the agency/tour operator) will result in temporary suspension of the access ID and, in more serious cases, removal from the list of users authorised to use the platform, making it impossible to book admission to St Peter’s Basilica online.
2.2 RESTRICTIONS ON USE
The e-commerce Portal may be used solely and exclusively by qualified Users belonging to Agencies.
2.3 SEARCH ENGINES
The e-commerce Portal may have multiple Search Engines through which Users may search, where activated. Where available, the Search Engines may, including simultaneously, query in real time:
i) the availability of various types of services, being integrated via XML with dedicated consolidators which, as Suppliers, contract the services with the actual providers;
ii) the availability of services or travel packages uploaded to the e-commerce Portal.
Searches may return immediately available services that can actually be purchased subject to their respective rate rules, which the Agency may always consult before completing the booking, or services/travel packages on request.
The terms relating to any additional Search Engines activated on the platform do not apply to tour guides, who may not use them because they do not meet the legal requirements. The Tour Guide is directly responsible for any conduct exceeding the activities legally permitted to tour guides: no liability may be attributed to HIVE or FSP. Any attempted purchase and/or use of Search Engines other than St Peter’s Basilica Experiences by a registered Tour Guide may be sanctioned by deletion of the user account.
2.4 PERMITTED SEARCHES/BOOKINGS
The Agency acknowledges and agrees that it may not search for or book Individual Services or Travel Packages for a number exceeding that allowed by the active Search Engine used, generally, but not necessarily, 15 Customers (or 4 rooms), including by making several bookings for the same Experience, Service or Travel Package. If the Agency fails to observe this limit, for example by making repeated bookings to circumvent it, both Suppliers and actual providers reserve the right to cancel the booking without any obligation to arrange alternatives, or to require supplements or impose more restrictive terms than those available at the time of booking, with direct payment by Customers to the Service provider before performance. In such cases HIVE cannot intervene to protect Customers.
2.5 MAIN AND SUPPLEMENTARY INFORMATION & PERSONS WITH DISABILITIES
2.5.1 MAIN INFORMATION
Through the Suppliers, the actual providers update the following main information continuously or in any event before the actual booking:
i) availability;
ii) price;
iii) the applicable rate rules (which normally also govern whether the booking may be changed) for each specific Service available for real-time purchase.
2.5.2 SUPPLEMENTARY INFORMATION
The remaining information, described as supplementary, such as the Service description itself, is also updated by the respective providers, but intermittently rather than in real time, and contains general descriptive information which may also be changed by official authorities. The Agency must inform the Customer of these limitations and is responsible for obtaining official general information. During contingent events or emergencies, actual providers may lack the means and time to update this information as quickly and comprehensively as they update their own websites, where they may specify further restrictions on the use and/or performance of Services or provide additional information beyond that made available to Suppliers (and consequently unavailable to HIVE).
The actual providers alone are therefore required to promptly update main and supplementary information on their Suppliers’ platforms, from which it is transferred via XML to the e-commerce Portal. Consequently, neither HIVE nor the XML suppliers may be held liable for any failure by providers to update information.
Agencies are advised not to book Services for persons with disabilities where their descriptions do not expressly state (or provide all necessary details on) their accessibility to such persons. If this specification is absent from the Service descriptions, the Agency must, before purchasing a Service at a non-refundable rate, ask Customer service to try to obtain further information, recognising that without a booking the Supplier may be unwilling to provide it.
The technical response time for these checks is not immediate and may vary, depending on the Service and Supplier, up to a few working days.
2.6 BOOKABLE INDIVIDUAL SERVICES AND TRAVEL PACKAGES
The e-commerce Portal enables Partners to book St Peter’s Basilica Experiences, Services and/or any Travel Packages with a cut-off time of at least 7 days and at most 30 days before the earliest departure date permitted by the respective search engine. HIVE reserves the right to extend the cut-off time beyond 30 days for selected Individual Services or Travel Packages. These cut-offs do not apply to St Peter’s Basilica Experiences.
The Agency may regard an Individual Service or Package purchased on the e-commerce Portal as actually confirmed only after receiving the relevant booking confirmation and any attachments from HIVE.
2.7 PRE-CONTRACTUAL PACKAGE INFORMATION
Where the e-commerce Portal is used to purchase and assemble a Package, the Agency must, as provided in the Terms and Conditions, give the traveller all pre-contractual information, including information not usually available on online portals, such as, without limitation, general passport and visa requirements, approximate visa processing times and health formalities
In addition to mandatory information, the Agency is advised to inform the traveller of any prohibitions or restrictions currently in force by consulting the channels of the competent authorities in the country of origin.
2.8 CUSTOMER CONTACT DETAILS AND DATA
During online booking, some Suppliers require an email address or telephone number for one or all Customers, or additional data. Suppliers and Service providers requiring passenger contact details reserve the right to communicate directly with the passenger about matters strictly relating to the booked Service, including alternative arrangements or refunds. Communications may concern various aspects of the Service, including information useful to HIVE in assisting the Customer.
The Agency must advise the Customer, for the Customer’s benefit, to forward any communications to it, and must notify HIVE without delay of those communications that may require technical intervention to enable proper provision of the confirmed Services or Travel Packages.
HIVE does not receive copies of communications sent by Suppliers/providers to the email addresses or telephone numbers entered by the Partner during booking and is therefore unable to act unless informed by the Agency and/or Customer.
2.9 TRAVEL IDEAS PUBLISHED OR SAVED BY THE PARTNER
The Agency acknowledges and recognises the dynamic nature of services available on the e-commerce Portal and consequently acknowledges and agrees that no Experience, Individual Service or Travel Package may be regarded as the subject of a formal quotation or option, even if the search originated from a “travel idea” or was saved on the e-commerce Portal as a “travel idea” and shared by the Agency with the Customer. Accordingly, Experiences, Individual Services or Travel Packages forming part of a “travel idea” may, after its creation, become unavailable or be available at prices and under rate rules different from those shown in the published Travel Ideas.
2.9.1 TRAVEL IDEAS FEATURED ON PARTNER.BASILICASAN PIETRO.VA
Any Travel Ideas published by HIVE, whether relating to an Experience, Individual Service or Package, are purely indicative in view of the dynamic availability and pricing of Services available for purchase on the e-commerce Portal.
An Agency wishing to purchase or customise one of the Travel Ideas published by HIVE must select it by activating the customise/reprice function.
Where provided, the system will allow the Agency to change search parameters according to the Customer’s actual requirements (for example: travel dates, number and occupancy of any room(s), number of Customers, etc.).
If the Portal successfully reprices the Travel Idea, Service/Package availability and price will be updated at the time of the request. Otherwise, the Service/Package may be unavailable or, for certain products only, on request.
2.10 AGENCY PROFIT ON INDIVIDUAL SERVICES AND PACKAGES AVAILABLE FOR PURCHASE
An Agency profit may or may not be preset for any Service or Travel Package.
Before purchasing a Service or Travel Package, the Agency may consult the amount of any preset Agency margin for the Services/Travel Packages listed on the e-commerce Portal’s “Summary” page.
Where HIVE has preset a profit, the Agency may add or subtract, as an absolute amount or percentage, a freely determined “agency fee”, “discount” or “markup”, which the system automatically adds to or subtracts from the preset profit to determine the selling price according to the Agency’s desired profit.
Alternatively, the Agency may independently preset a profit by Service/Package type and Search Engine from its back end, exclusively through a Partner Agency Manager profile, taking care not to apply an Agency profit where HIVE has already preset one.
Even where the Agency chooses to preset its profit, each Partner linked to that Agency may freely add an agency fee or subtract a “discount” on the Summary page, in each case as an absolute amount or percentage.
HIVE advises against using the Agency profit preset function if the Agency does not usually share its screen with Customers while using the e-commerce Portal.
If the Agency saves the search as a “Travel Idea”, the displayed price will include any Agency profit preset by HIVE or the Agency itself and any “agency fee” entered by the Partner to increase or decrease the price.
The above provisions on agency margins/profit do not apply to St Peter’s Basilica Services/Experiences.
2.11 PAYMENT TERMS
The rate rules also determine payment terms for the respective Services and Travel Packages available for purchase online on the e-commerce Portal.
Services purchased and confirmed at a non-refundable rate are non-refundable even if cancellation is requested.
Payment for an Individual Service has a single deadline which, depending on the rate rules, must be met at the time of booking (non-refundable rate) or by the non-extendable deadline indicated by the system (refundable rate), failing which the booking lapses.
Payment for a Web Package or simultaneous purchase of several individual services requires, alternatively, and always failing which the booking lapses:
i) a non-refundable deposit at the time of booking, calculated automatically by the system (the sum of services purchased at non-refundable rates), and a balance payment, always before departure, by a deadline viewable online by the User before purchase;
ii) non-refundable payment of the entire Package price at the time of booking.
Payment is made through the User’s “wallet” (digital wallet), which will be activated upon receipt of a bank transfer for an amount communicated to the Partner by a separate form following approval of the registration application.
The Digital Wallet value will be determined following assessment of the documentation submitted after the registration request (such as the company register extract and latest approved financial statements).
The Digital Wallet value set at activation corresponds to the maximum purchase amount permitted in each 30-day period for each registered Partner.
The Digital Wallet balance may be used at any time until exhausted.
When the Digital Wallet reaches the minimum threshold of 10% of the maximum purchase amount, it may be topped up by an amount equal to the maximum purchase amount initially set. A new top-up may be made only after 30 days from the last deposit/top-up.
If bookings are cancelled for liturgical requirements, the value of the affected bookings will be refunded by crediting the corresponding amount back to the Digital Wallet.
If the Digital Wallet balance reaches zero and is not topped up, no purchases of any kind may be made on the platform.
2.12 INCORRECT PURCHASE CHARGES
If, during an online purchase on the e-commerce Portal, HIVE incorrectly charges the Agency for unconfirmed Individual Services or Travel Packages, HIVE will promptly refund the Agency within 3 working days using the same online payment method used by the Agency.
Alternatively, with the Agency’s consent, during working days and hours HIVE Customer service may create a credit equal to the incorrect charge, immediately usable by the Agency for a new online booking through a promotional code of the same amount.
2.13 INVOICING OF SERVICES AND PACKAGES AVAILABLE FOR PURCHASE
HIVE’s only direct customer is the Partner, to which a duly issued invoice will be provided for services purchased on the platform.
HIVE’s only direct customer is the Partner, to which a duly issued invoice will be provided for services purchased on the platform.
Services and Web Packages available for purchase on the e-commerce Portal, as well as the sale and/or intermediation of individual services, will be invoiced by HIVE to the Agency in euros, including any taxes required by the Italian tax legislation in force at the time of invoicing.
2.14 EMERGENCY SITUATIONS
Where emergency situations/official recommendations and/or other relevant information concerning Italy and/or destinations are in effect, before making new bookings the Partner must check whether any prohibitions, restrictions or special precautions apply for the period selected by the Customers for whom it intends to book, and inform the Customer accordingly. HIVE is not required to request or know the purpose of the booked Customers’ travel in order to proceed with the booking. In such circumstances, the Agency is advised to inform the Customer that, given the likely continuous and unpredictable development of the situation, this information may change after booking and before departure. If new bookings are completed, the Partner must continuously check for any prohibitions or restrictions arising between booking and the scheduled departure date and, where appropriate, inform the Customer. No liability may be attributed to HIVE for failure to inform the Customer.
2.15 AGENCY SUPPORT
At no additional cost, during the specified working days and hours, the Agency may use dedicated Customer service through the e-commerce Portal before, during and after sale for both Individual Services and Web Packages.
Customer service staff are not authorised to act in place of Partners or make bookings of any kind on their behalf, except where the Agency expressly requests the Customer service described in Section 8 below.
The Agency may contact Customer service through the methods indicated on the e-Commerce Platform: email partner@basilicasanpietro.va, any online chat and/or other contact methods are continuously updated in the dedicated Customer service section.
The unified telephone service, available on Italian working days and during Italian working hours, is reserved for calls requesting technical/commercial support or concerning Customers travelling. For all other matters, the Agency must use agencies@basilicasanpietro.va, the chat or the online help form.
Customer service can provide assistance only in relation to content available on the e-commerce Portal itself and using the same functions available to Partners. Customer service provides first-level support. Customer service itself, without any action required from the Agency, will assess whether the matter needs to be referred to second-level Customer service, which cannot otherwise be contacted. HIVE’s second-level Customer service necessarily prioritises support for Services and Web Packages according to the date of provision of the Service or Web Package, rather than the date the request was received.
2.16 EMERGENCY NUMBER
An emergency number is available outside Italian working days and hours. The service is provided exclusively in Italian/English.
When available, the service covers only issues concerning Individual Services or Travel Packages currently being provided or departures/services scheduled within the next 24 hours.
For Services and Packages purchased on the e-commerce Portal, the Agency may choose to contact the emergency number on behalf of the consumer/traveller or instruct the consumer/traveller in advance to contact it directly.
2.17 CUSTOMER DATA ENTERED BY THE AGENCY ON THE E-COMMERCE PORTAL
HIVE relies on all information entered by the Agency when booking on the e-commerce Portal being accurate and complete. HIVE therefore cannot be held liable for errors and/or incorrect issuance of documentation relating to an Individual Service or Travel Package, or inability to use the included Services because Customer data are missing, Customer personal and/or contact details requested by service providers through Suppliers integrated with the e-commerce Portal are inconsistent, or information is incorrect for reasons attributable to the Agency (which shall be solely liable).
2.18 CHANGES TO CUSTOMER DATA ENTERED BY THE AGENCY ON THE E-COMMERCE PORTAL
The Agency must immediately inform HIVE of changes to the Customer’s email address or telephone number where expressly required at confirmation and entered in the booking.
The Agency must also check that Customer details on the booking confirmation match those on their identity documents.
The Agency acknowledges and agrees that changes cannot be requested for Services (including those within a Package) purchased on the e-commerce Portal and confirmed by HIVE at a non-changeable or non-refundable rate.
The Agency acknowledges and agrees that additional charges may apply for changes or corrections, where permitted and provided for by the rate rules applicable to the Service or Service included in the Package, and that the respective Suppliers may charge more than the actual provider or charge a €25.00 fee even where the actual provider charges nothing for the permitted change. Processing a name change, where permitted, entails an administration fee of €25.00.
2.19 INSURANCE POLICIES FOR CUSTOMERS
Unless expressly included in the price, it is possible and advisable at the time of booking to take out insurance covering cancellation costs and costs arising from accidents and/or illness, including repatriation and loss of and/or damage to baggage. Rights arising under insurance contracts must be exercised by the Customer directly against the contracting Insurance Companies, subject to the terms and procedures in the policies, paying particular attention to claim notification procedures and deadlines, excesses, limitations and exclusions. The insurance contract between the Customer and the Insurer has the force of law between those parties and takes effect between them pursuant to Article 1905 of the Italian Civil Code. At booking, customers must inform the retailer of any specific needs or issues that may make policies other than those offered or included in the Package price necessary and/or appropriate.
HIVE advises the Agency always to recommend that Customers take out insurance for their benefit, including when purchasing a Web Package and, more generally and prudently, for all travel-related products and Services, to protect against situations in which neither HIVE nor the Supplier of an Individual Service or Services included in the Travel Package may be held responsible.
Where included, Medical and Baggage Insurance covers participants in and/or users of Travel Services who are: - resident and domiciled in Italy; - resident abroad and travelling in Italy; - resident abroad and temporarily domiciled in Italy.
2.20 MISCELLANEOUS
2.20.1 Authorisations:
The Parties mutually undertake, each within its own remit, to conduct their activities in full compliance with the legislation governing the sale and/or intermediation of Individual Services and the organisation of Travel Packages. Where Services offered through the platform are purchased by end consumers residing in countries with laws and regulatory requirements differing from those in Italy, the Partner undertakes to ensure compliance with the local laws applicable to end consumers. HIVE therefore disclaims all liability towards end consumers for services purchased by the Partner Agency. The Partner alone is responsible for contractual relations with end consumers, including compliance with applicable regulations, pre-contractual information and handling any complaints, keeping HIVE exempt from all liability.
2.20.2 Prices:
Prices of Individual Services and Packages are applied in euros and updated with each search performed by Partners on the e-commerce Portal. Any amounts shown in other currencies on the e-commerce site are for comparison only and are based on non-binding exchange rates applied by the e-commerce Platform to assist the Agency’s choice.
2.20.3 Exclusive jurisdiction and governing law:
These General Terms and Conditions are governed by and construed in accordance with Italian law, expressly excluding application of the 1980 United Nations Convention.
Any dispute arising from the interpretation, performance or termination of these General Terms and Conditions shall fall within the exclusive jurisdiction of the Courts of Milan, the Parties expressly waiving any other court that may have jurisdiction by law.
2.20.4 Language
In the event of disputes arising from the interpretation of the General Terms and Conditions, particularly in connection with foreign-language translations published on the e-commerce Portal, the original Italian version shall prevail over any translation into another language.
SECTION 3: SPECIAL TERMS AND CONDITIONS
These Special Terms and Conditions form an integral and substantive part of Sections 1 and 2 above of the General Terms and Conditions for use of the e-commerce Portal in relation to purchases of Individual Services and Web Travel Packages, which continue to apply in full to all matters not governed by these Special Terms and Conditions.
More specifically, this section governs the Agency’s access to and use of the e-commerce Portal solely for online purchases of:
i) Travel Packages or Web Packages that may be freely and independently assembled by Agencies or their associated Users, exclusively through the Search Engines named “do-it-yourself tour” and “itineraries”, or through dedicated published Travel Ideas to be repriced by the User;
ii) Individual Services or Web Services: available for purchase by Agencies through the Search Engines named Experiences
HIVE may freely change the number and commercial names of search engines on the e-commerce Platform to make them easier for Agencies to understand in different languages, while their technical service-combination functions remain unchanged. On the effective date of these Terms and Conditions, their commercial names are:
• St Peter’s Basilica Experiences
Customer service on partner.basilicasanpietro.va is available to clarify and explain any doubts regarding correspondence between the commercial names of search engines online on the e-commerce Platform and their booking engine functions.
The search engines available to Agencies are those actually published on the e-commerce Platform when service availability and pricing are checked. HIVE reserves the right to activate or remove search engines available to Agencies according to its commercial policies, without prejudice to commitments and bookings already confirmed by Agencies.
3.1 SEARCH ENGINES / SERVICES CONFIRMABLE ONLINE
The Search Engines are integrated with dedicated consolidators which, as Suppliers, contract Services with their actual providers. Services bookable online through the relevant Search Engines are those made available by Suppliers and those uploaded by HIVE. Searches using the Search Engines or Travel Ideas published on the e-commerce Portal’s home page return only available Services that can actually be purchased subject to their respective rate rules, always viewable by the Partner before completing the booking, subject to HIVE’s confirmation of availability. HIVE handles online bookings on binding request, i.e. Individual Services or Web Packages not immediately available (and therefore independently confirmable online by the Partner by selecting them from the search results), only in the limited cases where the e-commerce Portal offers this option.
3.2 PAYMENT TERMS FOR INDIVIDUAL SERVICES AND WEB PACKAGES
Without prejudice to Article 2.11, applicable to all bookings through the e-commerce Portal, the following applies to bookings purchasable online on the e-commerce Portal:
i) Payment for a Web Package usually requires, failing which the booking lapses, a non-refundable deposit at booking, calculated automatically by the system (equal to the sum of Services included in the Package and selected by the Agency at non-refundable rates), and a balance payment, always before departure. The non-extendable balance deadline and the amounts of the deposit and balance vary according to the rate rules applicable to the Services the Agency chooses to include in the Web Package. If the Agency assembles a Package containing only non-refundable Services, non-refundable payment of the entire Web Package price is required at booking, failing which the booking lapses.
ii) The Agency must make payments due to HIVE strictly within the deadlines indicated by the system for each booking confirmation and using only one of the payment methods provided on the e-commerce Portal.
Failure to pay by the deadline, partial payments or payments made using methods other than those provided online (which appear on the e-commerce Portal as non-payments) inevitably result in automatic cancellation of Services and/or Packages by Suppliers without notice.
3.3 CANCELLATION PENALTIES
At any time, the Agency may independently check on the e-commerce Portal the actual cancellation penalty due for each booking if the passenger wishes to cancel Individual Services or Web Packages previously confirmed by HIVE. HIVE Customer service staff have no information beyond that available to the Agency in the “Bookings” panel in the e-commerce Portal’s back end. Exceptions to Suppliers’ cancellation penalties cannot be requested before formally cancelling the relevant services. Suppliers are not obliged to grant any exception to the cancellation penalties provided and disclosed at booking, even where the respective providers grant exceptions directly to the Customer or through the Agency.
3.4 EXPERIENCES AND INDIVIDUAL WEB SERVICES
3.4.1 HIVE’S ROLE
This section applies whenever HIVE acts solely as an intermediary for Travel Services: in these cases, HIVE neither provides nor organises the Individual Travel Services bookable by Agencies. Accordingly, the respective service provider alone is responsible for proper performance of each booked Individual Service, and the Customer cannot benefit from the rights applicable to purchasers of travel packages under Directive (EU) 2015/2302. The Agency must inform the Customer of this limitation before purchase.
Contracts for the provision solely of transport, accommodation or any other separate Travel Service do not constitute travel organisation or Travel Package contracts, do not benefit from the protections provided by the Tourism Code, and are subject to the individual Supplier’s contractual terms. Responsibility for proper performance of the contract rests with the service provider.
HIVE acts only as an intermediary with the Supplier for assistance and support with the Partner’s bookings, meaning that the purchase contract for Individual Web Services is concluded directly between the Customer and the service provider. Any refunds or compensation will be provided in accordance with the individual Service provider’s policies; HIVE has no contractual relationship with that provider.
For the avoidance of doubt, the same rules and exemption also apply, mutatis mutandis, in HIVE’s favour.
3.4.2 SERVICES BOOKABLE THROUGH THE PARTNER.BASILICASANPIETRO.VA E-COMMERCE PORTAL
Individual Services are exclusively those bookable through the e-commerce Portal’s dedicated Search Engines. They are booked through supplier-consolidators, which hold the bookings in relation to the actual providers, while consumers are the actual beneficiaries of the services.
3.4.3 TERMS APPLICABLE TO INDIVIDUAL SERVICES
The applicable terms are the respective Suppliers’ specific terms. In particular, terms applicable to transport tickets (rail, air, sea and land) available through the e-commerce Portal are always those of the carrier providing the Service, which are expressly incorporated by reference. An extract of the conditions of carriage is viewable during booking, before confirmation, and the Agency must forward it to the Customer; the full general terms and conditions of carriage are available only on the respective carriers’ websites, to which reference must therefore be made.
Transport Services are available on the e-commerce Portal through supplier-consolidators integrated with HIVE’s e-commerce portal, which reserve the right to apply their own rates and terms. These may differ from those applied by the respective Carriers, particularly where cancellation or amendment of a booking is requested. Regardless of the cancellation or amendment terms applied by the respective carriers, the consolidators through which the booking was made reserve the right to apply handling fees that can be quantified only when the request is made.
3.4.4 INFORMATION ON INDIVIDUAL SERVICES
When acting as an intermediary, HIVE neither exercises nor can exercise any control over content, information or Services offered through the e-commerce Portal, since content is transferred to and entered on the Portal by a fully automated process (XML feed).
Such content is uploaded directly by the actual Service providers to the platforms of the various supplier-consolidators integrated with the e-commerce Portal; consequently, the contract for provision of the booked service involves exclusively the Customer (the Agency’s Customer) and the actual Service provider.
When acting solely as an intermediary, HIVE accepts no responsibility for the truthfulness, accuracy or updating of information, or for proper provision of Services.
In particular, HIVE is not responsible for the truthfulness and accuracy of statements made available online through Suppliers by actual Service providers regarding the characteristics of Services described and provided or to be provided (including, without limitation: location, accommodation classification, board basis, equipment, services included or excluded from the price, aircraft type, services temporarily inaccessible or unavailable, and correspondence of images or descriptions/translations).
For matters regarded as essential by the Customer which the Partner cannot verify from descriptions on the e-commerce Portal, see section 3.7 below).
3.4.5 ADDITIONAL INFORMATION ON INDIVIDUAL SERVICES
Whenever HIVE acts solely as an intermediary, it is not required to provide guidance or information on health requirements, provisions and formalities necessary for travel abroad (including, without limitation, any compulsory vaccinations, validity of documents required for travel abroad, visas or customs procedures).
3.4.6 FREE COMBINATION OF INDIVIDUAL SERVICES
The e-commerce Portal allows the Agency to process bookings and/or purchase orders for Individual Services separately or in freely chosen combinations. If, during the same browsing session or successive sessions, the Agency makes multiple bookings or purchase orders, including for different types of Individual Travel Services (for example, several flights, or a flight and hotel or other services), transactions will nevertheless be processed separately, with specific references for each, resulting in separate, independent contractual relationships with the respective Suppliers of each chosen service, even if the individual services purchased are grouped into a single booking/order confirmation on the e-commerce Portal. The Agency may therefore resell the purchased Services as a Travel Package, assuming responsibility as its organiser, or as linked Individual Service(s). In the latter case, HIVE recommends that, after booking the first Service, the Agency reopen the same booking and use the dedicated “add individual services” function. This allows one Individual Service at a time to be added, always starting from the original booking. HIVE shall therefore not be regarded as the organiser of a travel package freely created by an Agency through the e-commerce Portal by assembling multiple Individual Services, except where specific Search Engines are used and organiser status is expressly stated in the booking confirmation sent by HIVE to the Agency. HIVE shall therefore not be regarded as the trader facilitating linked travel arrangements freely selected by an Agency through the e-commerce Portal by assembling multiple Individual Services, except where specific Search Engines are used and organiser status is expressly stated in the booking confirmation sent by HIVE. In all cases, the Agency acknowledges and agrees that, even where HIVE is designated as organiser, that status is limited exclusively to its relations with the Partner. In relation to end consumers, organiser status remains exclusively with the Partner, which assumes all obligations and liability arising from the offering, marketing and performance of travel packages and travel services sold to its customers.
If a competent authority or court finds that HIVE must be liable to end Customers for obligations arising from organiser status, the Partner hereby undertakes to indemnify HIVE in full for any resulting damages, costs, penalties or expenses.
3.4.7 PURCHASE OF AN INDIVIDUAL SERVICE
To purchase and book Individual Services on the e-commerce Portal, after performing the appropriate searches through the dedicated Search Engines, selecting the desired Individual Service from those available, and checking that the Customer intends to accept the price set by the Agency and the terms applied by the actual Supplier of that Service (always viewable online by the Agency/Partner when consulting bookable Services), the Agency/Partner may independently purchase the Service.
3.4.8 BOOKING CONFIRMATION FOR INDIVIDUAL SERVICES
The contract for an Individual Service is concluded upon receipt of the booking confirmation and relevant booking reference. Even after receipt of the booking confirmation, only where manifest pricing errors occurred during booking, Suppliers reserve the right to cancel the booking if the Customer is unwilling to pay the newly communicated rate. In such cases, if the Customer does not wish to pay the new rate, the Supplier will fully refund HIVE for any amount paid as at the date of notification of the price change, and HIVE will refund the Customer through the Agency for the amount actually received from it.
3.4.9 ST PETER’S BASILICA EXPERIENCES
The Platform offers Basilica admission reservation services and tickets for admission to St Peter’s Basilica’s areas of historical and cultural interest (Dome, Treasury Museum, etc.).
Before purchasing, HIVE recommends that the Partner carefully read the descriptions of services on the platform, how they are provided, and the available options, which may change the purchase price from that displayed in the search results. Age restrictions may apply. Some services/activities are subject to a minimum number of participants. Activity or ticket prices may differ from the face values printed on tickets.
• BASILICA
A Partner booking admission to St Peter’s Basilica may choose the day and time of entry. A booking for a Group accompanied by a Guide, or comprising a minimum of 15 and a maximum of 31 people (including the guide), for which a tour guide is mandatory, requires the use of radio headsets throughout the visit. The tourism operator alone is responsible for entering the name of the Guide accompanying the group in the booking.
At booking, the Partner must enter the email address of its contact person, who will forward vouchers for the guide and group members to the guide. The Partner receives key information on use and admission directly in the confirmation voucher.
Tickets cannot be cancelled and date changes are not permitted.
If problems arise or the email has not arrived in time, Partners may contact customer service for assistance and access by receiving a new link by email: the booking confirmation code will be required.
Please note that, owing to requirements relating to Jubilee celebrations, admission to St Peter’s Basilica may be cancelled even before the 24-hour mark. If admission is cancelled for reasons arising from organisation of the Jubilee, the cost incurred will be refunded in full. The Partner expressly agrees that this circumstance does not entitle the Partner or its Customers to request any further refund, compensation or damages.
• ADMISSION TICKETS
Tickets for admission to St Peter’s Basilica’s areas of historical and cultural interest (Dome, Necropolis, etc.) are subject to the instructions and specifications in the product description on the website and in the voucher: they normally include Basilica admission 60 minutes after the booked time for the Dome, Necropolis, etc.; however, the Partner must communicate all instructions on the platform and voucher to Customers, stressing the need to comply with them carefully.
Tickets cannot be cancelled and date changes are not permitted.
Please draw the Customer’s attention to the importance of observing admission times, advice on access times (security checks and travel to the area to be visited), and the applicable dress and conduct code
Tickets are valid only for the booked time slot: please pay attention to any stated QR Code validity period.
When selecting tickets, rates varying by age group will be shown: where reduced-price tickets are available (children, seniors, etc.), the options will be visible during purchase.
The website does not handle free admission, discounts and/or concessions for other categories such as clergy/priests, schools, groups of seminarians, pilgrim groups accompanied by priests, or visitors with certified disabilities: these categories must contact St Peter’s Basilica’s on-site ticket offices or the Visits Office at visiteguidate@fsp.va
For everything included/excluded in tickets, opening and closing times, access and services for persons with disabilities and pregnant women, minimum ages for children and any concessions, and all operational details, refer to the online product description and, if necessary, contact customer service for assistance.
Please note that, owing to requirements relating to celebrations (liturgical requirements), particularly during the Jubilee, admission to St Peter’s Basilica and its associated areas (Dome, Necropolis, Treasury Museum) may be cancelled even within 24 hours before the booked entry time. Partners who have purchased tickets for the Dome, Necropolis or Treasury Museum, or reserved Basilica admission, are asked to check the email account used for purchase for admission cancellation notices (please always check the “junk” or “spam” folder as well). If this occurs for reasons arising from organisation of the Jubilee and admission is cancelled, the cost incurred for tickets and reservations will be refunded in full. This also applies where a Wednesday Papal Audience lasts longer than scheduled.
Tickets for other museums and/or cultural events are subject to the instructions and specifications in the product description on the website and in the voucher. Please pay particular attention to admission times, advice on access times (security checks and travel to the area to be visited), and the applicable dress and conduct code
Tickets are valid only for the booked time slot. Please contact customer service for support and information.
Admission tickets for museums and/or cultural events cannot be cancelled or changed.
ST PETER’S BASILICA
For Basilica admission reservations, bookings for Guided Tours of St Peter’s Basilica, or tickets constituting admission entitlements for visits to the Basilica’s historical and cultural sites managed by Fabbrica di San Pietro, such as the Dome, Necropolis, Treasury Museum, Terraces, Grottoes, etc., these services have non-refundable/non-changeable rates; in the event of withdrawal and/or cancellation and/or amendment, the Partner will forfeit the entire amount paid for the service.
Given the Basilica’s particular nature as both a place of worship and a place of art/culture, situated within Vatican City State, all Basilica admission reservations, Guided Tours of St Peter’s Basilica and tickets constituting admission entitlements for visits to its historical and cultural sites managed by Fabbrica di San Pietro (Dome, Necropolis) may be cancelled in response to specific religious or State requirements. In that event, Partners will be informed by email, with 24 hours’ notice, that their vouchers have been cancelled and will receive a full refund of the amount paid for each cancelled service, usually within 30 days of notification. Date changes are not provided: the Partner may only make a new booking and payment at the rates and subject to the availability on the platform.
3.4.10 CHANGES TO INDIVIDUAL SERVICES
Requests to change bookings for Individual Services already confirmed by HIVE do not bind HIVE where they cannot be fulfilled or entail extra costs that HIVE can quantify only by submitting the amendment request to the Supplier through which the Individual Service was purchased. Confirmed bookings can normally be changed only where expressly allowed by the rate rules applicable to the Individual Service and by the respective providers’ terms, always viewable before booking. The Agency may request changes to Individual Service bookings previously confirmed by HIVE by opening the booking on the e-commerce Portal, clicking “change” and selecting “amendment request”.
HIVE will respond to requests submitted by the Agency, indicating any amendment penalties or supplements or other additional costs communicated by the respective Suppliers and applicable to the individual request, which the Customer must pay.
HIVE does not guarantee that Suppliers will consider, recognise or handle amendment requests made otherwise than as specified above (e.g. requests made directly to providers by the Agency and/or Consumers).
Requests to change and/or refund transport bookings generally (excluding flights) must be made directly to the carrier, normally through its website, by the Agency on the Customer’s behalf if permitted by the carrier, or directly by the Customer where expressly required by the carrier, since HIVE is not authorised by those carriers to request any changes on the Customer’s behalf.
3.4.11 PAYMENT FOR AN INDIVIDUAL SERVICE
Payment methods for Individual Services available through the e-commerce Portal vary according to the types of Travel Services purchased and the Suppliers’ applicable rate rules and cancellation terms. For permitted payment terms and methods, see section 2.11 above).
3.4.12 WITHDRAWAL AND CANCELLATION OF AN INDIVIDUAL SERVICE
If the Customer cancels or withdraws from the travel package contract, the Customer owes the penalties under each provider’s specific terms as reported by the Suppliers, which HIVE will charge to the Agencies. The Agency may request cancellation by opening the booking on the e-commerce Portal, clicking Change and then selecting Cancellation Request. For how to check any cancellation fee, see clause 3.3 above.
Transport services and museum admissions are non-refundable; express reference is therefore made to the general terms of the relevant services purchased within travel packages. For classic experiences, HIVE experiences or Tours, the Partner is entitled to a refund as follows:
- for Classic Experiences, the experience cost less 30% as reimbursement of the organiser’s booking and cancellation expenses, provided withdrawal is notified at least 10 days before departure;
- for HIVE Experiences and Tours, the experience cost less 50% as reimbursement of the organiser’s booking and cancellation expenses, provided withdrawal is notified at least 30 days before departure.
INDIVIDUAL SERVICES
For individual travel services, the Partner acknowledges that individual suppliers’ rates, including transport, rental and accommodation rates, have specific conditions. Tickets and bookings issued are normally non-changeable and non-refundable.
If the Customer withdraws or cancels, the Customer owes the penalties under each provider’s specific terms as reported by the Suppliers, which HIVE will charge to the Agencies. The Agency may request cancellation by opening the booking on the e-commerce Portal, clicking Change and then selecting Cancellation Request. For how to check any cancellation fee, see clauses 3.3 and 3.4 above).
3.4.13 RESTRICTIVE RATE RULES FOR INDIVIDUAL SERVICES
During specific periods or special events (trade fairs, conferences or events, high or peak season), more restrictive cancellation terms may apply. The Agency undertakes always to check the cancellation penalties actually applicable to the Individual Services booked, viewable by the User before purchase on the e-commerce Portal among the information accompanying search results, and to communicate them to Consumers and Customers in advance.
3.4.14 INDIVIDUAL SERVICE VOUCHER
Once the balance has been paid, the e-commerce Portal allows Agencies to print vouchers bearing the Agency’s details for purchases made on the e-commerce Portal.
If the Agency needs to print the voucher before any payment deadline allowed by the rate rules, it may do so only by paying the balance early, which is always possible.
Vouchers delivered by Agencies to Customers must faithfully reproduce the document automatically issued by the e-commerce Portal, which always specifies the name of the Supplier that will also guarantee payment for the purchased Service to its actual provider.
No changes are permitted after issuance of the voucher, and the Agency is in no circumstances authorised to alter the contents of vouchers automatically issued by the e-commerce Portal.
For all transport services, in its capacity as consolidator through which the booking was confirmed, the Agency may receive booking confirmation directly from the carrier in addition to the confirmation always sent through the e-commerce Portal. Where permitted by the respective carriers, the Agency may purchase ancillary services not available on the e-commerce Portal on the Customer’s behalf (including, without limitation, cabin baggage, checked baggage, fast track, seat allocation, meals, etc.) independently and directly on the carriers’ websites, or by contacting HIVE Customer service where direct booking is impossible. The Agency or Customer, according to each carrier’s requirements, must complete online check-in (where mandatory) directly on the airline’s website.
Otherwise, the Agency may simply provide the Customer with the voucher downloadable from the system after payment of the balance, or any other document received from HIVE, as the travel document.
3.4.15 PROVISION OF AN INDIVIDUAL SERVICE
If the Customer does not present a valid voucher, the Service provider may refuse performance or require the Customer to pay for the Service in full at a price freely set by the provider at that time (which HIVE cannot quantify), even if already paid, in order to use the booked Services. In such cases HIVE cannot intervene in any way and is not liable for the additional expenditure.
3.4.16 REFUND OF AN INDIVIDUAL SERVICE
No refund is provided for non-use and/or partial use by the Customer of the booked Individual Service, irrespective of the cause, except for force majeure, and only where objectively documentable.
Furthermore, HIVE cannot guarantee refunds or honour agreements made directly between the Customer (or Agency) and the Service provider where those refunds/agreements differ from the Supplier’s rate rules accepted when purchasing the Service.
For all transport Services purchased through consolidators, in the event of a refund the carrier may require payment directly to the passenger following its own passenger verification procedure. The carrier will refund only the ticket’s face value. Any additional amount paid to the consolidator is non-refundable.
3.4.17 INDIVIDUAL SERVICES THAT CANNOT BE PROVIDED
If, for any reason other than objectively documentable force majeure, a duly confirmed Individual Service cannot be provided before it starts or during its provision, the respective provider must offer an alternative through the Supplier.
Once informed, HIVE notifies the Customer through the Agency.
HIVE cannot prevent a Customer or Agency from being informed directly by the Supplier or provider that a duly confirmed Service cannot be provided. On learning of such problems, the Agency must inform HIVE as soon as possible.
Suppliers may not handle these cases immediately, but the Customer is not obliged to accept the alternative arrangements offered or wait for the Suppliers’ processing times.
Whether the Customer declines the alternative arrangements offered (knowing that the provider need not offer other alternatives if those offered are objectively appropriate) or decides not to wait, choosing, for example, to make independent alternative arrangements or cancel, HIVE will refund the Customer through the Agency, pro rata, only the amount actually received from the Agency for the originally confirmed Service, excluding any insurance premiums; the Customer cannot demand any further compensation or refund.
Except in cases of force majeure, an Agency informed directly or indirectly that an Individual Service cannot be provided may decline the alternative arrangements proposed by HIVE through the Supplier or choose not to wait for the expected response times (which vary by Supplier and according to the Service start date, rather than the date of notification of non-provision). If the Agency makes this choice, it must immediately notify HIVE by contacting Customer service, from which it may request either:
i) a full refund of the amount actually paid to HIVE for the Service that cannot be provided, excluding any insurance premiums:
ii) or instructions for making independent alternative arrangements (“self-relocation”), with up to 100% of the amount originally charged by HIVE to the Agency available for that purpose.
3.4.17.1 SUPPLIERS’ ALTERNATIVE ARRANGEMENT TIMES (XML AND NON-XML)
Suppliers handle alternative arrangements and normally require actual providers to make them. Indicatively, the periods within which Suppliers generally undertake to handle alternative arrangements (whether delegated to the provider or handled directly by the Supplier) are:
SERVICE ALTERNATIVE ARRANGEMENTS RESPONSE TIME
MORE THAN 72 HOURS BEFORE CHECK-IN WITHIN 72 HOURS of NOTIFICATION
WITHIN 72 HOURS BEFORE CHECK-IN WITHIN 48 HOURS of NOTIFICATION
AT CHECK-IN WITHIN 8 HOURS of NOTIFICATION
To protect travellers/consumers, HIVE always endeavours to minimise the time required for alternative arrangements, but cannot impose different deadlines on Suppliers from those specified above, which may be extended only in particularly complex cases or because of seasonality and time zones.
Likewise, HIVE cannot guarantee that agreements made directly with accommodation facilities by travellers/Consumers or Agencies, even where documented, will be honoured by the respective Suppliers through which bookings were made. HIVE is available to check whether Suppliers are willing to accept such agreements.
3.5 WEB PACKAGES
This concerns the Agency’s purchase of Travel Packages called “web packages” exclusively through the Search Engines named “Do-it-yourself Tour”, “itineraries” and “experiences”. HIVE may freely change the commercial names of search engines on the Website to make them easier for the Agency to understand and/or in different languages, while their technical service-combination functions remain unchanged.
3.5.1 HIVE’S ROLE AND LIABILITY
Subject to the Agency’s compliance with the Terms and Conditions, and exclusively in relation to Web Packages, HIVE will act as “organiser” under the Tourism Code only where the Agency independently creates Web Packages using the dedicated Search Engines, if active, named “Do-it-yourself Tour”, “itineraries” and “experiences” (excluding searches in “with your own car” mode and St Peter’s Basilica Experiences). HIVE shall in no event be regarded as the organiser of a Travel Package freely created by an Agency using Search Engines other than those expressly listed and freely assembling multiple individual Services, or of additional services not included in the Web Package confirmed by HIVE and offered directly by the Agency to the traveller (for which the Agency alone is responsible).
3.5.2 DYNAMIC NATURE OF A WEB PACKAGE
The Agency acknowledges the dynamic nature of the e-commerce Portal and therefore acknowledges and agrees, and undertakes to clearly inform the traveller in advance, that the actual Web Package price, applicable rate rules (non-refundable deposit amount, balance deadline, whether the booking may be changed, and cancellation penalties) and availability remain subject to reconfirmation based on the actual availability and terms viewable online by the Agency at the time of actual booking, even where the Agency reprices and changes the Web Package starting from a Travel Idea comprising a Web Package selected from those published on the e-commerce Portal.
3.5.3 WEB PACKAGE QUOTATIONS AND OPTIONS
The Agency acknowledges and agrees that no search result on the e-commerce Portal returning a Web Package constitutes a quotation, option or booking, even if the Agency saves the search on the Portal as a “travel idea” and shares it with the Customer).
3.5.4 PURCHASE OF A WEB PACKAGE
After checking availability of the Services it wishes freely to include in a Web Package independently created online on the e-commerce Portal, and that the traveller intends to accept the relevant terms, including rate rules, applicable to the Services in the Web Package (always viewable by the Agency beforehand, when consulting search results and the Services selected during creation of the Web Package), the Agency may book the independently created Web Package by clicking “confirm”, “pay” or a button with similar wording.
Since confirmation of a Web Package entails booking all Services included in it, it may be regarded as duly confirmed by HIVE, and the contract concluded, only when all the following circumstances apply:
(i) receipt from the e-commerce Portal of a confirmation message for all Services selected and included in the Web Package;
(ii) receipt of the order confirmation in the Administration panel in the e-commerce Portal’s Back-end section;
(iii) the Web Package booking number appears in the booking monitor list in the Agency’s administration panel. Proof of payment alone or issuance of a file number alone does not constitute booking confirmation under this article.
For matters regarded as essential by the Customer which the Agency cannot verify from descriptions on HIVE’s e-commerce Portal, see section 4.7 below).
3.5.5 FAILURE TO CONFIRM A WEB PACKAGE
If the Agency does not promptly receive complete Web Package booking confirmation documents in the e-commerce Portal’s Back-end section, accessible to all Users belonging to the Agency, or identifies any system anomalies or inconsistencies in the booking confirmation or vouchers, it must promptly notify HIVE Customer service
3.5.6 COMMITMENT TO PAY FOR A WEB PACKAGE
The Agency undertakes to pay HIVE for the Web Package in full when making the booking on the e-commerce Portal. For each transaction, payment may be made only using one of the online payment methods provided on the e-commerce Portal and within the deadlines specified for each Web Package, failing which the booking lapses.
3.5.7 REFUND FOR FAILURE TO CONFIRM A WEB PACKAGE
If booking confirmation is not received in the e-commerce Portal’s Back-end section, the Agency is entitled to a full refund, including any optional insurance premiums, of the amount actually paid to HIVE when booking on the e-commerce Portal. HIVE will provide the refund within 3 working days.
For further details, see paragraph 2.13 Incorrect Charges above.
3.5.8 AGENCY LIABILITY
The Agency is solely responsible for fulfilling all contractual obligations towards Customers on whose behalf it has booked a Web Package. The Agency alone is responsible for contractual relations with Customers, including compliance with applicable regulations, pre-contractual information and handling any complaints. To the extent permitted by law, the Agency therefore releases and holds HIVE harmless from all liability.
3.5.9 INFORMATION FOR TRAVELLERS
Travel to Italy is possible with a valid passport, depending on the country of origin.
Through a guided procedure based on nationality, country of residence, purpose of visit and length of stay, the website ttps://vistoperitalia.esteri.it/ provides general information and practical instructions on visa requirements
The Customer is responsible for obtaining the necessary compliant travel documents and checking for any changes to the relevant regulations. The Customer must strictly comply with these formalities and ensure that first names and surnames on travel documents (bookings, transport tickets, vouchers) match exactly those on the relevant identity documents, passports, visas, etc. HIVE cannot therefore be held liable for the Customer’s failure to fulfil these obligations, particularly where the Customer is denied boarding or disembarkation or receives a fine. HIVE shall under no circumstances bear costs or consequences arising from failure to comply with the customs or health rules of the countries visited. HIVE reminds Customers that only the Italian authorities are authorised to permit or refuse a visitor’s entry.
To assess the social/political and health security situation and other relevant information concerning destination countries and places and their immediate vicinity, and therefore the objective usability of Services purchased or to be purchased and any substantial impact on performance of the Package, the Customer must obtain official general information from the competent Authority in the country of origin. In accordance with the standard of reasonable care, the Customer must check the correctness of their own and any minors’ personal documents and obtain documents valid for travel abroad under their own State’s rules and the applicable conventions. If, at booking, official information channels identify the chosen destination as subject to advice against travel or a security “warning”, a Customer subsequently withdrawing may not invoke the disappearance of the contractual purpose linked to that country’s security conditions to obtain exemption from, or reduction of, the cancellation charge.
Customers must observe ordinary prudence and care and the specific rules in force in destination countries, all information provided by the organiser, and regulations and administrative or legislative provisions relating to the Travel Package.
Whenever the Agency uses the e-commerce Portal to purchase a Web Package, it must provide the traveller with all pre-contractual information required by European Directive 2015/2302, the Tourism Code and any other applicable legislation (the “Mandatory Information”). In particular, Mandatory Information includes, by way of example and without limitation:
a) the main characteristics of Travel Services included in the Web Package (including, for example, the destination and detailed itinerary, means of transport and stops, location and main characteristics of accommodation, meals provided, visits and excursions included in the price, group activities, the language in which services are provided and information on passenger suitability requirements);
b) the organiser’s trading name and geographical address and XXXX’s contact details;
c) the total Package price, including administrative or booking handling charges;
d) payment arrangements, any deposit payable and the balance payment schedule;
e) general information on required identity documents, any visas and health formalities in the destination country
f) the cancellation charges if the traveller decides to withdraw from the contract before the Package begins;
g) any information on taking out insurance for the traveller’s benefit;
h) details of protection against the organiser’s insolvency or bankruptcy and of liability insurance for the traveller’s benefit;
i) information identifying the transport carrier, where included.
Without prejudice to the pre-contractual information obligations in this section, once the Web Package contract with the traveller is concluded, the Agency must also provide the following documents (forming an integral part of the contract with the traveller):
i) the booking confirmation entitled “summary of booked services”, which the Agency must download from the Back-end section accessible only to users authorised by the Agency;
ii) the standard information form “Annex A”, attached to the booking confirmation and downloadable from the Customer Care section of the e-commerce Portal
iii) the FTO terms and conditions, downloadable from the Customer Care section of the e-commerce Portal
The Agency acknowledges and agrees that it will be liable for any adverse consequences for HIVE arising from the Agency’s failure to fulfil, or incorrect fulfilment of, the information obligations in this section.
3.5.10 WEB PACKAGE PRICE
Through the e-commerce Portal, the Agency may check actual availability of selected Services in real time and must provide the traveller, before signing the contract, with the inclusive Web Package price, including any premiums for selected optional insurance, and the rate rules applied by the Supplier of each Service in the Web Package (determining the non-refundable deposit and balance deadline, or full payment if due at booking). The Agency must also inform the traveller that the dynamic nature of Services purchasable online prevents any guarantee of availability, price or rate rules for a Web Package before HIVE actually confirms it.
Whenever the Agency uses Search Engines intended for independent creation of Web Packages, the system automatically calculates the inclusive price; prices of Individual Services included in a Web Package are never viewable, and this information is not accessible even to Customer Service staff.
3.5.11 ADDITIONAL MANDATORY COSTS
The Agency must inform the traveller that, for a Web Package, applicable local taxes and charges (such as visas obtainable on arrival, disembarkation taxes, city or tourist taxes, resort fees, boarding taxes, baggage check-in charges on domestic routes, etc.) cannot be included in the Web Package price because the relevant institutions and/or providers applying them do not allow the organiser to prepay them; the traveller must pay them directly on site to the relevant parties. Where these charges are not quantified in the respective Service descriptions on the e-commerce Portal, the Agency and traveller may check them directly on the websites of the providers of Services included in the Web Package or the relevant institutions. Any price increase resulting from additional mandatory costs does not entitle the traveller to withdraw without paying the applicable cancellation fee.
3.5.12 WEB PACKAGE PRICE REVISION
After booking confirmation, and for the Traveller’s greater benefit, the price of a Web Package is not subject to changes arising from exchange rate fluctuations and/or changes in passenger transport prices resulting from fuel or other energy costs for Services included in the Package. A Web Package price may change where an included service was confirmed with a manifest pricing error.
3.5.13 WEB PACKAGE DEPOSIT AND BALANCE
Without prejudice to Article 4.2) above of the Terms and Conditions, the non-refundable deposit, always payable to HIVE when signing the Web Package contract, in addition to any optional insurance premiums, failing which the booking lapses, cannot be predetermined because it varies according to the rate rules set by Suppliers of Services included by the Agency in the Web Package. The e-commerce Portal automatically calculates the deposit, which is always viewable before booking confirmation. The balance and deadline for paying the Web Package balance to the organiser are likewise automatically determined before purchase.
The Agency acknowledges and agrees, and undertakes to inform the traveller before conclusion of the contract, that, depending on the rate rules applicable to the Services selected and included in the Web Package, payment due to HIVE upon confirmation of that Package may equal the non-refundable full Web Package price.
Once HIVE confirms a Web Package booking, failure by the Agency to pay the balance, without a formal cancellation request, entails application of the penalties for the purchased Web Package and the Agency’s obligation to pay them to HIVE.
3.5.14 WEB PACKAGE REFUNDS
HIVE always makes any refunds to the traveller through the Agency that made the booking, and only where HIVE actually received the same amounts from the Agency.
3.5.15 WEB PACKAGE TRAVEL DOCUMENTS
HIVE reserves the right to allow the Agency to download Web Package vouchers and other travel documents directly from the e-commerce Portal only after receiving the Agency’s balance payment.
The Agency may download vouchers and other travel documents at any time by paying the full balance due, including before any payment deadline granted.
HIVE does not send paper documents for Web Packages. The Agency must independently download travel documents and tickets through the partner.basilicasanpietro.va e-commerce Portal and make them available to travellers.
3.5.16 TRAVELLER’S WEB PACKAGE CANCELLATION FEE
Before purchasing a Web Package through the e-commerce Portal, the Agency undertakes to inform the traveller that the deposit paid to HIVE at the time of online booking is never refundable, except as provided in Article 4.5.11, and in any event corresponds to the minimum cancellation penalty payable by the traveller from the date the contract is signed.
The total cancellation fee actually payable to the Organiser for a Web Package cannot be predetermined in these Special Terms and Conditions, as it varies according to the rate rules set by individual Suppliers of Services selected by the Agency and included in the Web Package (or relevant Travel Idea repriced and purchased by the Agency), and the date the Agency notifies cancellation.
3.5.17 AMOUNT OF WEB PACKAGE CANCELLATION FEE
Without prejudice to the Agency’s obligation to provide this information to the traveller before conclusion of the contract, from the date of the booking confirmation sent by HIVE the traveller may, at any time through their Agency, ascertain the cancellation fee payable (continuously updated by the system and viewable by the Agency directly within the booking) and withdraw from the contract before the Web Package begins.
Customer service staff have no different or additional information beyond that independently viewable by Agencies through the e-commerce Portal’s Back end.
The Agency also undertakes to inform the traveller that total cancellation penalties equal the entire Web Package price where:
(i) all Services in the Web Package are confirmed at a “non-refundable” rate, and the full price was consequently paid in full to HIVE upon confirmation of the Web Package;
(ii) the traveller’s cancellation request is made after the deadline for payment of the balance to HIVE.
3.5.18 WEB PACKAGE CANCELLATION REQUEST
Without prejudice to the obligation to pay the cancellation fee under clauses 3.6.16 and 3.6.17 above of this section, the traveller may withdraw from the Web Package contract at any time. In that case, the Agency must promptly contact HIVE to notify the cancellation request, strictly through the e-commerce Portal within the booking. The cancellation date and time are determined by when HIVE receives written notification of withdrawal. Partial cancellations, for example of only specific Services in a Web Package, are not possible.
If the Agency includes transport (excluding flights) in the Package and, upon cancellation, it is refundable or partially refundable, obtaining the refund may require the Agency, or the traveller directly where expressly required by the carrier, to submit the request directly to the carrier under its procedures. HIVE is not authorised by those carriers to request changes/refunds on the Customer’s behalf. The Agency must inform the traveller of this possibility before requesting booking and cancellation.
3.5.19 CHANGES TO WEB PACKAGE BOOKINGS
i) MINOR CHANGES
After conclusion of the contract but before the trip covered by the Web Package begins, HIVE may unilaterally change contractual terms other than the price, provided the changes are minor. Such changes will be notified to the traveller through the Agency as soon as HIVE becomes aware of them.
HIVE also undertakes to notify, as soon as informed, any inability to provide a Service originally included in the Web Package which does not significantly alter it, simultaneously offering suitable alternative arrangements. In that case, the traveller is not entitled to withdraw without paying the applicable cancellation fee or to demand an alternative Package.
ii) SIGNIFICANT CHANGES
Where HIVE is compelled to significantly change a main aspect of the Web Package, the traveller shall alternatively be entitled to:
a. accept the change;
b. cancel the Web Package at no additional cost; or
c. request an alternative Web Package (if HIVE has offered one) within a reasonable period specified by HIVE when notifying the change.
d. request a HIVE voucher issued to the agency, with the traveller as beneficiary, for an amount equal to the original Package, usable through the same agency within 12 months of issue (meaning the latest departure date for the new trip).
The traveller may choose among the above options through the Agency. If HIVE receives no response, or a response after the specified period, the traveller is deemed to have accepted the change.
3.5.20 TRAVELLER’S REQUEST TO CHANGE A WEB PACKAGE
The Agency must inform the traveller that a request to change Services included in the Web Package covered by the booking confirmation is possible only if allowed by the rate rules and provider of the Service concerned, and if the change is compatible with the rules applicable to the other Services in the Web Package and/or their usability. Where feasible, a change entails additional costs which HIVE can quantify only when requested and after obtaining the information from the respective supplier.
Web Packages containing only Services selected by the Agency and confirmed by HIVE under “non-changeable” rate rules cannot be changed. To make a change in such cases, the Agency must cancel and book a new Web Package, if available, remaining obliged to pay in full both any cancellation fee for the original package and the full price of the new Web Package.
3.5.21 TRAVELLER’S VOLUNTARY NON-USE OF A WEB PACKAGE
Without prejudice to section 4.6.18 above on lawful withdrawal, the Agency must inform the traveller that, if the traveller decides not to use all or any Services included in a Web Package (including, for example, voluntarily abandoning the trip for personal reasons or voluntarily forgoing one or more Services in the Web Package), HIVE owes no full or partial refund of the Web Package price.
A traveller’s voluntary non-use of a transport Service included in the Web Package (no-show), unless notified in advance to the Organiser through the Agency, may result in automatic cancellation of subsequent transport sectors operated by the same carrier.
If the requested change concerns a low-cost flight included in the Package, amendment and/or refund requests must be made directly to the low-cost carrier, normally through its website, by the Agency on the Customer’s behalf, or directly by the Customer where expressly required by the carrier, since HIVE is not authorised by those carriers to request any changes on the Customer’s behalf.
3.6 MATTERS ESSENTIAL TO THE CUSTOMER
Where the availability and/or usability of particular services relating to an Individual Service or Web Package independently created by the Agency (including services not highlighted in the description of each selected service on the e-commerce Portal) is essential to the Customer, the Agency must contact HIVE (through Customer service) before purchasing the Individual Service or Web Package on the Customer’s behalf and await any confirmation from HIVE, as communicated by the Supplier, that what the Customer requires as essential is available and/or usable, before formally booking through the e-commerce Portal. This procedure is indispensable for all purchasable Services whose rate rules prohibit changes or cancellations.
Notification after booking the Service or Web Package cannot bind HIVE in any way to guarantee the matter regarded as essential by the Customer.
If the Service descriptions do not specify matters regarded as essential by the Customer, the Agency must either:
i) book the Service anyway, provided it is available at a refundable rate and is not included in a Web Package independently assembled online by the Agency containing non-refundable Services, simultaneously asking Customer service to perform the necessary checks (because Suppliers generally do not allow Customer service to request details of any kind without a booking);
ii) before purchasing a Service at a non-refundable rate or a Web Package, ask Customer service to attempt the necessary preliminary checks, recognising that the Supplier may be unwilling to provide information without a booking.
In both cases (i and ii), the technical response time for these checks cannot be immediate and, where permitted, may vary according to the Service and Supplier up to a few working days (at least 5 working days).
If choosing option i), the Agency must therefore ensure that the cancellation deadline is compatible with the time needed for checks.
3.7 INCLUDED AND OPTIONAL INSURANCE DIRECTLY BENEFITING CUSTOMERS
Web Packages confirmed by HIVE may include “medical and baggage” insurance, whereas Individual Services include no insurance directly benefiting the Customer.
Optional policies (unless specifically included in the offer):
i) Medical/baggage (for individual services)
ii) Medical Expenses Extension (only together with medical/baggage insurance)
iii) Either Named Risks cancellation or All Risks cancellation
iv) Super Covid
may be selected independently online by the Partner, where available, before confirming an Individual Service or Web Package booking.
If selected by the Agency, the system calculates the respective premiums in real time, viewable before purchase, and updates the inclusive Web Package price to include them.
Before selecting a policy, the Agency must carefully review its terms and inform travellers, ensuring that they can actually benefit from it. Terms of available policies are viewable directly in the dedicated section of the e-commerce Portal.
Insurance premiums are charged upon booking confirmation and are payable in full, without entitlement to a refund, to the insurer for the insurance period current at confirmation.
3.8 AMENDMENTS TO THE SPECIAL TERMS AND CONDITIONS
If HIVE decides to amend these Special Terms and Conditions, it will give notice on the e-commerce Portal. By continuing to use the e-commerce Portal to book Web Packages after these terms and conditions have changed, the Agency confirms acceptance of the changes.
SECTION 4: COMPLAINTS
Without prejudice to the statutory liability of the responsible parties and the provisions of the preceding sections, the Agency must promptly forward any complaints received from Customers to HIVE Customer service within 24 hours of the problem arising. Complaints must be sent exclusively in writing within 24 hours of the problem occurring to complaint@hivenetwork.it.
The Agency must remind its traveller-customers of statutory and contractual complaint deadlines, emphasising the need and advisability of raising any complaints with the relevant staff while the Service is being provided and notifying the Agency as soon as possible of any issues concerning purchased Services. If not duly and promptly informed by the Agency, HIVE does not guarantee that Suppliers will adequately consider any complaints received, and assumes no liability in that respect. Within its remit, HIVE will assist Agencies in dealings with service organisers/Suppliers, subsequently reporting to the Agency on the information received.
For complaints relating to Services and Web Packages, Suppliers’ response times may exceed 30 working days. The Agency undertakes to communicate this information to the Customer/traveller when receiving any complaints concerning these types of Services.
SECTION 5: PERSONAL DATA PROCESSING (GDPR)
HIVE and the Agencies undertake to comply with all obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the “protection of natural persons with regard to the processing of personal data and on the free movement of such data” (hereinafter “GDPR”), national legislation on the subject and decisions of the Italian Data Protection Authority.
The Agency acknowledges that it will disclose to HIVE personal data (e.g. names, business email addresses, etc.) of its employees/contractors involved in activities under these Terms and Conditions, and that HIVE will process such data as an independent controller to perform the Terms and Conditions, for purposes strictly connected with establishing and performing them and in accordance with HIVE’s privacy notice under Articles 13 and 14 GDPR, which the Agency hereby undertakes to bring to its employees’/contractors’ attention through its internal procedures.
HIVE acknowledges that it will disclose to the Agency personal data (e.g. names, business email addresses, etc.) of its employees/contractors involved in activities under these Terms and Conditions, and that the Agency will process such data as Controller to perform the Terms and Conditions, for purposes strictly connected with establishing and performing them and in accordance with the Agency’s privacy notice under Articles 13 and 14 GDPR, which HIVE hereby undertakes to bring to its employees’/contractors’ attention through its internal procedures.
As specified in paragraph 2.8 of the Terms and Conditions, to perform searches, process bookings and purchase orders with Travel Service Suppliers, communicate with organisers and Suppliers, send confirmations and pursue all other purposes connected with the mandate or the Terms and Conditions, HIVE necessarily processes Customers’ personal data provided by the Agency. Since these data become available to the Supplier, the Service provider and HIVE, the Agency undertakes to inform Customers that their data will be disclosed to HIVE and Suppliers for the purposes set out below, for booking and related statutory obligations, and that HIVE, for contractual purposes, will transmit them to Suppliers or for purchase requests, as required.
HIVE and the Agencies acknowledge and agree that:
a) HIVE is an independent controller under the GDPR for the purposes of (i) selling Travel Packages for the public offering of Travel Ideas, also determining the means of personal data processing, (ii) managing support for both end Customers and the Agency, (iii) handling complaints and disputes; in these cases HIVE may need to process end Customers’ data falling within the special categories specified in Article 9 GDPR, (iv) managing Agencies’ participation in the HIVE affiliation programme, consequently processing their contact persons’ personal data to create Platform accounts. HIVE is also an independent controller for administrative management of the sales referred to in point (i) of this letter a).
b) HIVE will process the aforementioned personal data solely and exclusively for the purposes in letter a) above, without prejudice to other purposes connected with statutory obligations;
c) HIVE and the Agency each undertake, within their respective areas of responsibility, to ensure exercise of the rights under Articles 15–22 GDPR (access, rectification, erasure, restriction of processing, data portability, objection and not being subject to automated decision-making).
d) In the event of security breaches resulting in destruction, loss, alteration, unauthorised disclosure of or access to personal data and posing a risk to the other party as well, HIVE and the Partner each undertake, within their respective remit, to: i) notify the other party within 48 hours of detection; ii) fulfil notification obligations towards the Data Protection Authority and, where necessary, data subjects.
e) The Agency acts as an independent personal data controller, as defined in the GDPR, for the purpose of selling the various Travel Packages to the end Customer at its own point of sale.
Pursuant to Article 5 GDPR, HIVE undertakes to process only the data strictly necessary to pursue the above purposes.
Pursuant to Articles 16 and 19 GDPR, Agencies undertake to notify HIVE of any changes to end Customers’ personal data where necessary in relation to the above purposes.
Pursuant to Articles 13 and 14 GDPR, Agencies must:
1. Always provide data subjects with their own privacy notice;
2. Specify therein that, for performance of the contract, data subjects’ personal data must be disclosed to parties outside the agency, including HIVE, also making HIVE’s privacy notice available to the data subject, without requiring consent;
3. Specify in the privacy notice that, where necessary, data subjects’ special categories of personal data, as defined in Article 9 GDPR, may be disclosed to HIVE in the event of disputes or complaints.
SECTION 6: GENERAL TERMS AND CONDITIONS OF A PACKAGE TRAVEL CONTRACT (Federazione Turismo Organizzato)
IMPORTANT: If the Agency uses the e-commerce Portal to independently assemble Web Packages using the dedicated search engines in the dynamic rates area, refer to the “Special Terms and Conditions of contract” (see Section 4 above), which supplement the following General Terms and Conditions of Contract.
PREAMBLE: CONTENT OF THE PACKAGE TRAVEL CONTRACT
In addition to the Special Terms and Conditions of contract, the following General Terms and Conditions of Contract, the travel package description in the catalogue (online or printed) or separate travel programme, and the booking confirmation sent by the organiser to the selling agency as the traveller’s agent form an integral part of the package travel contract. When signing the proposal to purchase a travel package, the traveller must bear in mind that this entails having read and accepted, for themselves and the persons named in the contract, the package travel contract as governed therein, the warnings and conditions it contains, and all Terms and Conditions governing its purchase and use.
1. LEGISLATIVE SOURCES
Without prejudice to the foregoing, the sale of travel packages and linked travel arrangements is governed by the Tourism Code (Articles 32–51-novies), as amended by Legislative Decree 62/2018 implementing Directive (EU) 2015/2302 and subsequent amendments, and the Civil Code provisions on transport and mandate, insofar as applicable.
2. ADMINISTRATIVE REQUIREMENTS
The travel package organiser and retailer approached by the traveller must be authorised to conduct their respective activities under applicable legislation, including regional or municipal legislation, and operate in accordance with it. Organisers and retailers established in Italy must have liability insurance for the traveller’s benefit covering damage arising from breach of their respective obligations under their contracts. Package travel organisation contracts are backed by insurance policies or bank guarantees which, in the event of the organiser’s or retailer’s insolvency or bankruptcy, guarantee, without delay at the traveller’s request, reimbursement of the price paid for the package and the traveller’s immediate repatriation where the package includes passenger transport, and, where necessary, payment for meals and accommodation before repatriation. This obligation also applies to traders facilitating linked travel arrangements, for reimbursement of all payments received from travellers,
3. DEFINITIONS
For the purposes of this contract:
a) consumer or “traveller” or customer: any person seeking to conclude a contract, concluding a contract or entitled to travel under a package travel or linked travel arrangement contract;
b) “trader”: any public or private natural or legal person who, in relation to package travel or linked travel arrangement contracts, acts for purposes relating to their trade, business, craft or profession, including through another person acting in their name or on their behalf, as organiser, retailer, trader facilitating linked travel arrangements or travel service supplier, pursuant to applicable legislation;
c) “organiser”: a trader who combines packages and sells or offers them for sale directly or through or together with another trader, or a trader transmitting traveller data to another trader in accordance with Article 33(c)(2.4) of the Tourism Code;
d) “retailer”: a trader other than the organiser who sells or offers for sale packages combined by an organiser;
e) “establishment”: establishment as defined in Article 8(1)(e) of Legislative Decree No. 59 of 26 March 2010;
f) “durable medium”: any instrument enabling the traveller or trader to store information addressed personally to them, accessible for future reference for a period appropriate to its intended purpose, and allowing unchanged reproduction of the stored information;
g) “unavoidable and extraordinary circumstances”: a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even if all reasonable measures had been taken;
h) “lack of conformity”: failure to perform the travel services included in a package;
i) “minor”: a person under 18 years of age;
l) “repatriation”: the traveller’s return to the place of departure or another place agreed by the contracting parties.
4. DEFINITION OF TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENT
4.1. “Travel package” means a combination of at least two different types of travel service (namely: 1. passenger transport; 2. accommodation which is not intrinsically part of passenger transport and is not for residential purposes or long-term language courses; 3. rental of cars, other vehicles or motorcycles requiring a category A driving licence; 4. any other travel service which is not intrinsically part of a travel service under points 1), 2) or 3), is not a financial or insurance service and cannot be classified as an “ancillary travel service”) for the same trip or holiday, where at least one of the following conditions applies:
1) the services are combined by a single trader, including at the traveller’s request or in accordance with their selection, before a single contract for all services is concluded;
2) the services, even if contracted separately with individual travel service suppliers, are:
2.1) purchased from a single point of sale and selected before the traveller agrees to pay; 2.2) offered, sold or invoiced at an inclusive or total price;
2.3) advertised or sold under the term “package” or a similar term;
2.4) combined after conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel service, or purchased from separate traders through linked online booking processes where the traveller’s name, payment details and email address are transmitted by the trader with whom the first contract is concluded to one or more other traders, and a contract with the latter trader or traders is concluded no later than 24 hours after confirmation of the first travel service booking;
4.2. “Linked travel arrangement” means at least two different types of travel service purchased for the same trip or holiday, not constituting a package, resulting in separate contracts with individual travel service suppliers, where a trader facilitates either: 1) on a single visit or contact with its point of sale, the separate selection and separate payment of each travel service by travellers; 2) the targeted purchase of at least one additional travel service from another trader, where that purchase is concluded within 24 hours after confirmation of the first travel service booking.
5. INFORMATION FOR TRAVELLERS
5.1. Before conclusion of the package travel contract or a corresponding offer, the organiser and retailer provide the traveller with the relevant “standard information form” and the following information:
a) the main characteristics of the travel services, such as: 1) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
2) the means, characteristics and categories of transport, places, dates and times of departure and return, duration and places of intermediate stops and connections; where exact times have not yet been determined, the organiser and, where applicable, retailer inform the traveller of approximate departure and return times; 3) the location, main characteristics and, where applicable, tourist category of the accommodation under
the destination country’s regulations; 4) meals provided; 5) visits, excursions or other services included in the agreed total package price; 6) travel services provided to the traveller as a member of a group and, if so, the approximate group size; 7) the language in which services are provided; 8) whether the trip or holiday is suitable for persons with reduced mobility and, at the traveller’s request, precise information on suitability taking account of the traveller’s needs;
b) the trading names and geographical addresses of the organiser and retailer, their telephone numbers and email addresses;
c) the total package price including taxes and all fees, charges and other additional costs, including any administrative and booking handling fees, or, where these cannot reasonably be calculated before conclusion of the contract, an indication of the types of additional costs the traveller may still have to bear;
d) payment arrangements, including any amount or percentage payable as a deposit and the balance payment schedule, or financial guarantees the traveller must pay or provide;
e) the minimum number of persons required for the package and the deadline under Article 41(5)(a), before the package begins, for possible termination if that number is not reached;
f) general information on passport and visa requirements, including approximate visa processing times and health formalities in the destination country;
g) information on the traveller’s right to withdraw from the contract at any time before the package begins upon payment of appropriate cancellation fees or, where applicable, standard cancellation fees requested by the organiser;
h) information on optional or compulsory insurance covering the traveller’s unilateral cancellation costs or assistance costs, including repatriation, in the event of accident, illness or death;
i) details of insolvency or bankruptcy protection and liability insurance for the traveller’s benefit;
l) information identifying the operating air carrier, where unknown at booking, pursuant to Article 11 of Regulation (EC) 2111/05 (Article 11(2), Regulation (EC) 2111/05: “If the identity of the operating air carrier or carriers is not yet known at booking, the air carriage contractor shall ensure that the passenger is informed of the name of the carrier or carriers expected to act as operating air carriers for the flight or flights concerned. In that case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as their identity is established and of any operating ban applicable to them in the European Union”
For package travel contracts concluded by telephone, the organiser or trader provides the traveller with the information in the “standard information form” in Annex A, Part II, of the Tourism Code
5.1. Since catalogues containing information on use of services are published well in advance, flight times and routes indicated in acceptance of the proposal to purchase services may change, as they remain subject to subsequent validation; final flight times will be communicated in the days before departure and return. Charter flights are, by definition, not subject to systematic scheduling.
5.2. As provided in Article 6.2 of Regulation (EC) 2027/97, passengers will, on request, receive information on the provisions governing Community air carriers’ liability for death, wounding and personal injury, insurance obligations and the timing of advance payments to the natural person entitled to compensation.
6. PURCHASE PROPOSAL - BOOKINGS
6.1. At conclusion of the package travel contract or as soon as possible thereafter, the organiser or retailer provides the traveller with a copy or confirmation of the contract on a durable medium.
6.2 The traveller is entitled to a paper copy where the package travel contract was concluded in the simultaneous physical presence of the parties.
6.3. For off-premises contracts as defined in Article 45(1)(h) of Legislative Decree 206/2005, a copy or confirmation of the package travel contract is provided to the traveller on paper or, with the traveller’s consent, another durable medium.
6.4. The package travel contract is finalised and concluded only when the organiser sends confirmation, including electronically, to the traveller through the retailer.
6.5 Before booking, the traveller must inform the retailer of any specific requests, which form part of the contract only if feasible, recorded in writing in the contract and accepted by the organiser.
6.6. Travel documents (e.g. vouchers) will be provided to the traveller in good time before departure; the traveller must retain and carry them during the trip to use the duly booked services, together with any other documents (e.g. airline tickets) provided by the retailer. The traveller must check the accuracy of data on these documents and the travel contract and immediately notify the retailer of any errors. The traveller must provide the organiser with participants’ details exactly as they appear on their personal identity documents.
6.7. Excursions, services or activities purchased and paid for by travellers at the destination are outside this contract. No liability in that respect may therefore be attributed to the organiser or retailer, even where resident staff, escorts, guides or local representatives arrange their booking as a courtesy.
7. PAYMENTS
7.1. On signing the contract, the following must be paid: a) any registration or booking handling fee (see Article 8); b) a deposit in the amount indicated by the organiser or retailer. The balance must be paid strictly by the deadline set by the organiser in its catalogue or booking confirmation.
7.2. Failure to pay the above amounts on the scheduled dates, or failure to remit to the organiser amounts paid by the traveller to the retailer, will result in automatic termination of the contract by operation of law upon simple written notice by fax or email to the retailer or to the traveller’s address, including electronic address where provided, with application of the stipulated penalties. The balance is deemed paid when the organiser receives the funds directly from the traveller or through the retailer.
8. PRICE AND PRICE REVISION
8.1 The travel package price is determined in the contract by reference to the organiser’s catalogue or website, an off-catalogue/tailor-made programme and any subsequent updates to those catalogues or off-catalogue programmes, or the Operator’s website. It may be increased or decreased only as a result of changes in: - passenger transport prices resulting from fuel or other energy costs; - taxes or fees on travel services included in the contract imposed by third parties not directly involved in performance of the package, including landing taxes and embarkation or disembarkation fees at ports and airports; - exchange rates relevant to the package. A price increase is possible only if the organiser notifies the traveller on a durable medium, together with justification and calculation, at least 20 days before the package begins. If the increase exceeds 8% of the total package price, clause 9.2 below applies. In the event of a price reduction, the organiser may deduct actual administrative and booking handling expenses from the refund due, providing evidence of them at the traveller’s request.
8.2. The price comprises: a) registration or booking handling fee; b) participation price: shown in the catalogue or package quotation provided by the retailer to the traveller; c) cost of any insurance against cancellation, withdrawal and/or medical expenses or other requested services; d) cost of any visas and entry and exit taxes for the destination countries; e) airport and/or port charges and taxes.
9. CHANGES, ORGANISER’S WITHDRAWAL OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE
9.1. Before the package begins, the organiser may unilaterally change contractual terms other than the price, provided the changes are minor, notifying the traveller on a durable medium, including through the retailer.
9.2. If, before the package begins, the organiser is compelled to significantly alter one or more main characteristics of the travel services, cannot fulfil specific requests previously accepted and expressly recorded in the contract, or proposes increasing the package price by more than 8%, the traveller may, within a reasonable period specified by the organiser when notifying the change and in any event no more than 48 (forty-eight) hours, accept the proposed change or withdraw without paying cancellation expenses, fees or penalties. In the event of withdrawal, the organiser may offer a substitute package of equivalent or higher quality. The change notice informs the traveller of the proposed changes, their effect on the package price, the deadline for notifying the organiser of the traveller’s decision and the consequences of failing to respond within that period, and any substitute package offered and its price.
9.3. If changes to the package travel contract or the substitute package result in a package of lower quality or cost, the traveller is entitled to an appropriate price reduction.
9.4. Where the traveller withdraws from the package travel contract under the preceding paragraph and does not accept a substitute package, the organiser refunds all payments made by or on behalf of the traveller without undue delay and in any event within fourteen days of withdrawal, and Article 43(2), (3), (4), (5), (6), (7) and (8) of the Tourism Code applies.
9.5. The organiser may withdraw from the package travel contract and offer the traveller a full refund of payments made for the package, but need not pay additional compensation if:
a) the number of persons enrolled is below the contractual minimum and the organiser notifies the traveller of withdrawal within the deadline fixed in the contract and in any event no later than 30 days before the package begins for Tours and/or HIVE Experiences, and no later than 10 (ten) days before the trip begins for other travel packages/services; b) the organiser cannot perform the contract because of unavoidable and extraordinary circumstances and notifies the traveller of withdrawal without undue delay before the package begins.
10. TRAVELLER’S WITHDRAWAL
10.1. The traveller may withdraw from the contract at any time before the package begins upon payment of appropriate cancellation fees and expenses or, where applicable, standard cancellation charges (cancellation penalties) set by the organiser, depending on the chosen destination, when the traveller withdraws in relation to departure and the types of services booked. If standard cancellation charges are not specified, cancellation expenses equal the package price less cost savings and income from alternative deployment of the travel services.
10.2. The traveller may take out insurance covering these unilateral cancellation costs or assistance costs, including repatriation, in the event of accident, illness or death. Depending on the package selected, the organiser informs the traveller whether such insurance is optional or compulsory.
10.3. Cancellation fees are not payable in the cases provided in Article 9, paragraph 2 above. In the event of unavoidable and extraordinary circumstances, documentable and recognised as force majeure by the competent Italian authority, occurring at the destination or its immediate vicinity and substantially affecting performance of the package or passenger transport to the destination, the traveller may withdraw before the package begins without paying cancellation fees and receive a full refund of payments made for the package or, alternatively at HIVE’s discretion, a voucher of equal value.
10.4. If, at any time before departure, the traveller wishes to withdraw from the package travel contract outside the cases in the preceding paragraphs, the traveller must reimburse the organiser’s appropriate and justifiable expenses, whose amount the organiser will justify at the traveller’s request. Cancellation expenses equal the package price less cost savings and income from alternative deployment of the travel services.
The package travel contract may provide reasonable standard cancellation charges calculated according to when withdrawal occurs. Transport services and museum admissions are non-refundable; express reference is therefore made to the general terms of the relevant services purchased within travel packages. For experiences other than those named “St Peter’s Basilica Experiences”, or any Tours, the Partner is entitled to a refund as follows:
- for Experiences, the experience cost less 30% as reimbursement of the organiser’s booking and cancellation expenses, provided withdrawal is notified at least 10 days before departure;
- for any Tours, the Tour cost less 50% as reimbursement of the organiser’s booking and cancellation expenses, provided withdrawal is notified at least 30 days before departure.
11. CHANGES AFTER DEPARTURE FOR REASONS NOT ATTRIBUTABLE TO THE ORGANISER
11.1. If, owing to subsequent circumstances not attributable to the organiser, a substantial part, in value or quality, of the combination of travel services agreed in the package travel contract cannot be provided during performance, the organiser offers suitable alternative arrangements, at no additional cost to the traveller, of equivalent or higher quality where possible, so that performance of the package can continue, including where the traveller’s return to the place of departure is not provided as agreed. If the proposed alternatives result in a package of lower quality than that specified in the package travel contract, the organiser grants the traveller an appropriate price reduction.
11.2. The traveller may reject proposed alternative arrangements only if they are not comparable to those agreed in the package travel contract or the price reduction offered is inadequate.
11.3. If alternative arrangements cannot be made or the traveller rejects the proposed alternatives in accordance with paragraph 1, the traveller is entitled to a price reduction. In the event of failure to fulfil the obligation to offer alternatives, clause 15.5 applies
11.4. Where subsequent circumstances not attributable to the organiser make it impossible to ensure the traveller’s return as agreed in the package travel contract, clauses 15.6 and 15.7 apply.
12. SUBSTITUTIONS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELLER
12.1 The traveller may be replaced by another person provided that:
a) the organiser is informed no later than seven days before the package begins; b) the person to whom the traveller intends to transfer the contract meets all conditions for using the service, particularly passport, visa and health certificate requirements; c) the services themselves or replacement services can be provided following substitution; d) all administrative and booking handling expenses for the substitution are paid to the organiser in an amount quantified before transfer, with evidence of fees, taxes or other additional costs resulting from transfer provided at the transferor’s request. Transfer costs may include, for example, purchasing new transport tickets at the rate available and in force when transfer is requested; ticket costs are subject to continual price changes and fluctuations and depend on booking class, seat availability, fare type, flight class, issue date and flight date.
12.2. The transferor and transferee of the package travel contract are jointly and severally liable for payment of the price balance and any fees, taxes and other additional costs,
including any administrative and booking handling expenses, arising from the transfer.
12.3. Pursuant to Article 944 of the Italian Navigation Code, substitution is possible only with the carrier’s consent.
12.4 Name changes are in all cases subject to the specific terms of the carriers issuing the travel ticket.
12.4 If the traveller requests a change to an element and/or travel service in an already confirmed booking, provided the request does not constitute contractual novation and is feasible, the traveller must pay the organiser’s administrative and booking handling expenses and costs resulting from the change (where airline tickets must be reissued, transfer entails application of the airfare available on that date).
13. TRAVELLERS’ OBLIGATIONS
13.1. During negotiations and in any event before conclusion of the contract, Italian citizens are provided with general information, current as at the catalogue’s printing date, on passport and visa requirements, including approximate visa processing times and health formalities in the destination country
13.2. For rules on minors travelling abroad, express reference is made to the guidance of the competent authorities in the country of origin. Minors must in any event hold their own document valid for foreign travel (passport or, for EU countries, identity card valid for foreign travel showing their parents’ names). For minors travelling within Italy, refer to the requirements on the Italian State Police website http://poliziadistato.it/articolo/191/.
13.3. Foreign nationals must hold an individual passport and any required entry visa and may obtain necessary, up-to-date information through their diplomatic representations in Italy and/or their respective official government information channels.
13.4 Before departure, travellers must check with the competent authorities the destination country’s specific conditions to be taken into account and complied with, verify that their documents meet the guidance provided, and ensure compliance in good time before the package begins. Without this preliminary check, no liability for one or more travellers’ failure to depart may be attributed to the retailer or organiser.
13.5 Travellers must in all cases inform the retailer and organiser of their nationality before requesting a booking and, at departure, ensure they hold vaccination certificates, individual passports and any other documents valid for all countries on the itinerary, as well as any required stay and transit visas and health certificates.
13.6. To assess social/political and health security and other relevant information concerning destination countries and places and their immediate vicinity, and therefore the objective usability of services purchased or to be purchased and any substantial impact on performance of the package, the traveller must obtain official general information from the competent authorities in the country of origin, disseminated through institutional channels. This information cannot be included in organisers’ online or printed catalogues, which contain general descriptive information rather than information subject to change by official authorities. Travellers must therefore obtain up-to-date information themselves by consulting all information on their country of origin’s institutional channels. In accordance with the standard of reasonable care, the traveller must check the correctness of their own and any minors’ personal documents and obtain documents valid for travel abroad under their own State’s rules and the applicable conventions. The traveller must complete the relevant formalities, bearing in mind that neither the retailer nor the organiser is obliged to obtain visas or documents.
13.7. If, at booking, official information channels identify the chosen destination as subject to advice against travel or a security “warning”, a traveller subsequently withdrawing may not invoke the disappearance of the contractual purpose linked to that country’s security conditions to obtain exemption from, or reduction of, the cancellation charge.
13.8. Travellers must observe ordinary prudence and care and the specific rules in force in destination countries, all information provided by the organiser, and regulations and administrative or legislative provisions relating to the travel package. Travellers will be liable for all damage suffered by the organiser and/or retailer, including as a result of failure to comply with the above obligations, including necessary repatriation expenses. The organiser may also require the traveller to pay a reasonable fee for assistance provided where the difficulty is caused intentionally or negligently by the traveller, up to the expenses incurred.
13.9. The traveller must provide the organiser or retailer with all documents, information and evidence in their possession useful for exercising rights of recourse against parties causing or contributing to the circumstances or event giving rise to compensation, price reduction, damages or other obligations in question, and against parties required under other provisions to provide assistance and accommodation where the traveller cannot return to the place of departure, and for exercising subrogation rights against third parties responsible for the damage. The traveller is liable to the organiser for any prejudice caused to subrogation rights.
13.10. The traveller must always PROMPTLY notify the organiser, including through the retailer, of any lack of conformity identified during performance of the package, as set out in Article 15 below.
14. HOTEL CLASSIFICATION
Official hotel classification is provided in the catalogue or other information material solely on the basis of express and formal indications from the competent authorities of the country where the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the relevant EU Member States, or for facilities marketed as a “Holiday Village”, the organiser reserves the right to provide its own description of the accommodation in the catalogue or brochure, enabling the traveller to assess and consequently accept it.
15. ORGANISER’S LIABILITY FOR IMPROPER PERFORMANCE OF THE PACKAGE
15.1 Under Article 42 of the Tourism Code, the organiser is responsible for performance of all travel services in the package travel contract, irrespective of whether they are to be performed by the organiser itself, its assistants or employees acting in the course of their duties, third parties whose services it uses or other travel service suppliers, pursuant to Article 1228 of the Italian Civil Code.
15.2. Pursuant to Articles 1175 and 1375 of the Italian Civil Code, the traveller informs the organiser, directly or through the retailer, promptly and taking account of the circumstances, of any lack of conformity identified during performance of a travel service under the package travel contract.
15.3. If a travel service is not performed as agreed in the package travel contract, the organiser remedies the lack of conformity unless this is impossible or entails disproportionate costs, taking account of the extent of the lack of conformity and the value of the affected travel services. If the organiser does not remedy it, clause 16 applies.
15.4. Subject to the exceptions in the preceding paragraph, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the package’s duration and characteristics, following a timely complaint under clause 13.2, the traveller may remedy it themselves and request reimbursement of necessary expenses, provided they are reasonable and documented; no deadline need be specified where the organiser refuses to remedy the lack of conformity or immediate remedy is required.
15.5. If a lack of conformity constitutes, under Article 1455 of the Italian Civil Code, a non-trivial failure to perform travel services included in a package and the organiser has not remedied it within a reasonable period set by the traveller in relation to the package’s duration and characteristics, following a complaint under clause 15.2, the traveller may terminate the package travel contract by operation of law with immediate effect and at no cost or, where appropriate, request a price reduction under clause 16 below, without prejudice to any damages. On termination, if the package included passenger transport, the organiser also provides equivalent return transport without undue delay and at no additional cost to the traveller.
15.6. Where the traveller’s return cannot be ensured, the organiser bears the cost of necessary accommodation, of an equivalent category where possible to that specified in the
contract, for no more than 3 nights per traveller or any longer period provided by European Union passenger rights legislation applicable to the relevant means of transport.
15.2. The cost limitation in paragraph 15.6 above does not apply to persons with reduced mobility as defined in Article 2(1)(a) of Regulation (EC) No. 1107/2006 and their accompanying persons, pregnant women, unaccompanied minors or persons needing specific medical assistance, provided the organiser was notified of their particular needs at least 48 hours before the package began.
16. PRICE REDUCTION AND COMPENSATION FOR DAMAGES
16.1. The traveller is entitled to an appropriate price reduction for any period of lack of conformity, unless the organiser proves that it is attributable to the traveller or circumstances not attributable to the organiser.
16.2. The traveller is entitled to appropriate compensation from the organiser for any damage suffered as a result of a lack of conformity.
16.3 The traveller is not entitled to damages if the organiser proves that the lack of conformity is attributable to the traveller, or to a third party unconnected with provision of the travel services included in the package travel contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.
16.4. The organiser benefits from limitations under international conventions in force binding Italy or the EU regarding the amount of compensation or conditions under which it is payable by a supplier providing a travel service included in a package.
16.5. The package travel contract may limit compensation payable by the organiser, except for personal injury or damage caused intentionally or negligently, provided the limit is not less than three times the total package price.
16.6. Compensation or price reductions granted under the Tourism Code and compensation or price reductions granted under other applicable Community regulations and international conventions must be deducted from one another.
17. DUTY TO PROVIDE ASSISTANCE
17.1 The organiser provides appropriate assistance without delay to a traveller in difficulty, including in the circumstances under clause 15.7, particularly by providing appropriate information on health services, local authorities and consular assistance, and helping the traveller make distance communications and find alternative travel services.
17.2 The traveller may address messages, requests or complaints concerning performance of the package directly to the retailer through which it was purchased, which in turn promptly forwards them to the organiser.
18. RETAILER’S LIABILITY
The retailer must indicate its capacity and is responsible exclusively for performance of the mandate granted by the traveller under the travel intermediation contract, irrespective of whether the service is performed by the retailer itself, its assistants or employees acting in the course of their duties, or third parties whose services it uses. Performance of the obligations assumed is assessed by reference to the diligence required for the corresponding professional activity.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
Unless expressly included in the price, it is possible and advisable at booking, through the organiser’s or retailer’s offices, to take out special insurance covering the cancellation fees and expenses under clause 10 (always payable except for the specific exceptions under the Tourism Code), and those arising from accidents and/or illness, including repatriation and loss of and/or damage to baggage. Rights arising under insurance contracts must be exercised by the traveller directly against the contracting Insurance Companies, subject to the terms and procedures in the policies, paying particular attention to claim notification deadlines, excesses, limitations and exclusions. The insurance contract between the traveller and Insurer has the force of law between those parties and takes effect between them pursuant to Article 1905 of the Italian Civil Code.
At booking, travellers must inform the retailer of any specific needs or issues that may make policies other than those offered or included in the package price necessary and/or appropriate.
20. ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
The organiser will provide the traveller with information on any existing complaint handling procedures and alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution) pursuant to Legislative Decree No. 206 of 6 September 2005 and, where applicable, the ADR body to which the trader is subject and the online dispute resolution platform under Regulation (EU) No. 524/2013.
21. GUARANTEES FOR TRAVELLERS
21.1. Organisers and retailers established in Italy have liability insurance for the traveller’s benefit covering damage arising from breach of their respective obligations under their respective contracts.
21.2. Package travel organisation contracts are backed by insurance policies or bank guarantees which, for travel abroad and travel within a single country, including Italy, in the event of the organiser’s or retailer’s insolvency or bankruptcy, guarantee, without delay at the traveller’s request, reimbursement of the price paid for the package and the traveller’s immediate repatriation where the package includes passenger transport, and, where necessary, payment for meals and accommodation before repatriation. As an alternative to reimbursement or immediate repatriation, the traveller may be offered continuation of the package in accordance with Articles 40 and 42 of the Tourism Code.
21.3 The same guarantees are provided by traders facilitating linked travel arrangements for reimbursement of all payments received from travellers, insofar as a travel service forming part of a linked travel arrangement is not performed because of the traders’ insolvency or bankruptcy.
22. INDIVIDUAL TRAVEL SERVICES AND LINKED TRAVEL ARRANGEMENTS
Contracts for the provision solely of transport, accommodation or any other separate travel service do not constitute travel organisation or package travel contracts, do not benefit from the protections provided by the Tourism Code, and are subject to the individual supplier’s contractual terms. Responsibility for proper performance of the contract rests with the service supplier. When booking linked travel arrangements, the traveller has protection for reimbursement of payments received for services not provided because of the insolvency of the trader that collected the traveller’s payments. This protection provides no refund in the event of the relevant service supplier’s insolvency.
INFORMATION PURSUANT TO REGULATION (EC) No. 2027/97
Compensation in the event of death or injury: there are no financial limits on liability for a passenger’s injury or death. For damages up to 100,000 SDR (approximately EUR 121,000), the air carrier cannot contest compensation claims. Above that amount, the air carrier may contest a claim only if it can prove that the damage is not attributable to it - Advance payments: in the event of a passenger’s injury or death, the carrier must, within 15 days of identification of the person entitled to compensation, make an advance payment to meet immediate financial needs. In the event of death, the advance must be at least 16,000 SDR (approximately EUR 19,400) - Delays in passenger transport: in the event of delay, the carrier is liable for damage unless it took all possible measures to avoid it or taking such measures was impossible. Liability is limited to 4,150 SDR (approximately EUR 5,000) - Delays in baggage transport: in the event of delay, the air carrier is liable for damage unless it took all possible measures to avoid it or taking such measures was impossible. Liability is limited to 1,000 SDR (approximately EUR 1,200) - Destruction, loss or damage to baggage: the air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDR (approximately EUR 1,200). For checked baggage, the air carrier is liable even without fault, unless the baggage itself was defective. For unchecked baggage, the air carrier is liable only if the damage is attributable to it - Higher baggage liability limits: passengers may benefit from a higher liability limit by making a special declaration no later than check-in and paying a supplement - Baggage complaints: in the event of damage, delay, loss or destruction during baggage transport, the passenger must complain in writing to the carrier as soon as possible. For damaged checked baggage, the passenger must complain in writing within 7 days, and for delay within 21 days, from the date the baggage was made available to the passenger - Liability of contracting and actual carriers: if the air carrier operating the flight is not the contracting air carrier, the passenger may submit a compensation claim or complaint to either. If an air carrier’s name or code appears on the ticket, that carrier is the contracting carrier - Time limit for compensation proceedings: legal proceedings must be brought within two years of arrival or of the date on which the flight should have arrived.
Mandatory notice under Article 17 of Law 38/2006 “Italian law punishes offences concerning child prostitution and child pornography with imprisonment, even when committed abroad”