Emergency legislation allows Tour Operators to issue a voucher in lieu of reimbursement or a replacement package of equivalent or higher quality. TH Resorts of Hotelturist Spa (“TH Resorts”) will therefore issue the voucher to be used as provided for by the emergency legislation (see the above mentioned Decree Law 18/2020 converted into Law no. 27 of April 24, 2020, as subsequently amended). As specified by the Decree, the voucher “fulfils the related reimbursement obligations and does not require any form of acceptance by the recipient”.
The Tour Operators therefore maintain the Travellers’ rights to fulfil their journey.
TH Resorts will proceed with the issuance of the voucher in the cases indicated below:
Other cancellations will be dealt with by applying the penalty stipulated in the contract conditions.
As provided for in Decree Law 18/2020 converted into Law no. 27 of April 24, 2020, the Tour Operator will issue a voucher as follows:
a) In the case of bookings paid for in full by the Travel Agency/Reservation Portal or charged to the Travel Agency/Reservation Portal using the deferred payment system, the value of the voucher will be equal to the total amount of the booking; in the case of bookings not paid for in full by the Travel Agency/Reservation Portal, the value of the voucher will be equal to the amounts received by the Travel Agent. For any further sums collected by the Travel Agency for any reason, the Travel Agency itself remains responsible and will therefore issue an additional voucher, and may also opt for the delivery of a single voucher that combines the amount recognised by the Organiser and the amount due to the Travel Agency. In this case, the voucher shall bear the following indication: “The beneficiary of this voucher, issued by the entitled Agency pursuant to Article 88-bis of Decree-Law 18/2020 converted into Law 27 of April 24, 2020 may purchase a package or tourist services from the organiser for the value expressly indicated (the value of the voucher is gross of agency fees), by its expiry date. The Organiser undertakes to recognise the credit value of this voucher within the limits of the sums actually remitted to them by the selling agency”; in the case of direct sale to the Traveller, the value of the voucher will be equal to the amount already paid;
b) in all cases, the Traveller will be the beneficiary of the voucher;
c) the voucher will be issued as soon as (and not before) the reimbursement or voucher has been received from the individual service providers and therefore no later than 60 (sixty) days after the planned start date of the journey;
d) the voucher will be issued both in cases where the stay or tourist package has been purchased or booked through a Travel Agency or a Booking Portal, even in derogation of the agreed conditions;
In the case of direct sales from the Organiser to the Traveller: delivery to the Traveller will take place by means of a durable medium (e-mail).
In the case of sales intermediated through Travel Agencies/Reservation Portals, all vouchers issued must be collected, even by telematic means (delivery by email), from the Travel Agencies/Reservation Portal itself, which remains responsible for delivery. In the event that difficulties arise in interacting with the Travel Agency/Reservation Portal for the delivery of the voucher, TH Resorts will be happy to advise you of this at email@example.com.
Vouchers are valid for bookings and departures within 24 months from the date of issue, unless a longer period is subsequently stipulated by the legislator.
Vouchers are strictly personal.
With regard to the transferability of vouchers, the updated policy in the provision of Article 30(4-bis) of Law no. 69 of May 21, 2021, which amended Article 88-bis of Law no. 27 of April 30, 2020, will soon be published.
Vouchers are non-refundable during the period of validity.
Vouchers bear the same number as the original booking. They can be spent on a TH Resorts/Touring Club Italiano booking that is not linked to the original destination, and therefore on any destination in the TH Resorts Summer 2021 and Winter 2021/2022 and /Touring Club Italiano programming, present in the current and future catalogues, if no restrictions have been placed by the carriers and suppliers of tourist services included in the destination of the original travel package.
The voucher can be combined with Catalogue offers and other promotional initiatives.
If the new booking is for an amount less than the value of the voucher, a new voucher will be issued for the difference, to be used according to the above conditions; if the new booking is for an amount greater than the value of the voucher, the price difference must be paid.
– The provisions of Article 88-bis constitute rules of necessary application, i.e. provisions whose observance, within the framework of Community law, is considered crucial by a country for the protection of its public interests, to the point of requiring their application to all situations falling within their scope, whatever the law governing the contract.
– For the purposes of guaranteeing the Traveller against the risk of insolvency or bankruptcy of the Organiser and/or the Seller, the legal provisions of Article 47(2) of the Tourism Code will apply, therefore the legal entities (Insurance Companies, Consortium Companies, Funds) respectively guaranteeing the Organiser and the Seller for the case of insolvency or bankruptcy, will respond to the Traveller each within the limits of the amounts attributable to the entity they guarantee.
– For further information, please contact your Travel Agency or Booking Portal directly.