Italian Tourism Code and Travel Packages: The Essential Guide for Tour Leaders

Travel Packages and the Italian Tourism Code: The Essential Regulatory Guide for Tour Leaders

Travel package: the most common contractual form in organized tourism, regulated by the Italian Tourism Code and the EU Directive. “But the program said that…” “The agency promised me…” “I want a refund, it’s my right.” Every time a passenger says these words, they’re (knowingly or not) invoking the Italian Tourism Code. If you don’t know it, you can’t respond. If you do, you know exactly what to say, what to do, and what not to promise.

This article gives you the essential tourism regulatory foundation that every Tour Leader must master — including the new EU Directive voted on March 12, 2026 that will change the rules from 2029 onward.

What Is a Travel Package by Law

A travel package (Italian Tourism Code, D.Lgs. 79/2011 as amended by D.Lgs. 62/2018) is the combination of at least two different types of tourism services (e.g., transport + accommodation, or accommodation + significant excursion), sold by a professional for the same trip, at a lump-sum price that already includes VAT and margin.

Why it matters for the Tour Leader: the travel package generates specific legal obligations for the organizer (TO) and specific rights for the traveler. The Tour Leader operates within this framework: every action you take is bound by the content of the contracted package.

Organizer vs Intermediary: Who Does What

Operational implication: when a passenger tells you “the agency told me that…”, make the distinction: the agency sold, the TO produced. If there’s a discrepancy between what was promised and reality, the issue is between the TO and the agency — it’s not the Tour Leader’s to resolve. Formula: “I understand your concern. I will forward it to the organizer, who is the only party contractually authorized to assess the situation.”

The Regulatory Source Pyramid

The 4 criteria for resolving conflicts between regulations: 1) Competence — is the authority legitimate? 2) Hierarchy — the higher source prevails. 3) Chronology — the more recent repeals the earlier. 4) Specificity — the special law prevails over the general.

The EU Directive Revision: What Changes from 2029

On March 12, 2026, the European Parliament voted on the revision of Directive (EU) 2015/2302 on package travel. The new rules will come into effect progressively through March 2029. Here are the key changes:

1. Expanded Definition of ‘Unavoidable and Extraordinary Circumstances’

The new directive explicitly includes pandemics, cyberattacks, airline insolvency, and environmental disasters. For the Tour Leader: document everything during these crises — the evidence will support the claim.

2. Complaint Handling: Mandatory Timelines

The organizer is required to: confirm receipt of the complaint within 7 days, provide a motivated response within 60 days. For the Tour Leader: when a client files a complaint during the tour, document it and forward it to the TO. Now the TO has precise deadlines — this strengthens your insistence on timeliness.

3. Refunds: 14 Days + Guarantee Fund

The 14-day refund deadline in case of cancellation remains. What’s new: in case of organizer insolvency, the refund through the guarantee fund must occur within 6 months (extendable to 9).

4. Expanded Disclosure Requirements

The TO must inform the traveler about: payment methods, passport/visa requirements, accessibility for persons with reduced mobility, cancellation costs. If the TO invites the client to purchase additional services, they must inform them if these do NOT constitute a package.

Operational note: until March 2029, Directive 2015/2302 as transposed in D.Lgs. 62/2018 remains in force. But the High-Profile Tour Leader already knows the new rules to: correctly inform clients, engage competently with the TO, and anticipate the requests of more informed travelers.

Traveler Rights: What the Tour Leader Must Know

FAQ — Travel Packages and Italian Tourism Code for Tour Leaders

Can the Tour Leader modify the package itinerary?

Only within the limits of constrained autonomy: operational adjustments that don’t violate safety, law, or the essential content of the package. Significant modifications require the TO’s consent. Every change must be documented.

If the service doesn’t match the contract, is the passenger right?

They have the right to report the discrepancy. The Tour Leader documents, doesn’t judge. Evaluating the discrepancy and any remedy is the organizer’s (TO) responsibility, not the Tour Leader’s.

What is the deadline for filing a complaint?

Art. 49 of the Italian Tourism Code requires the traveler to report any discrepancy ‘without undue delay’ during the tour. For post-return complaints, standard practice is within 10 business days, unless the contract states otherwise.

Does the new EU Directive already apply?

No. Transposition is expected by September 2028, with effective application from March 2029. Until then, D.Lgs. 62/2018 (transposition of Dir. 2015/2302) applies.

Is the Tour Leader responsible if the package doesn’t match the agency’s promises?

No. The Tour Leader made no promises during the sales phase. If the agency promised something not included in the contract, the responsibility lies with the agency. The Tour Leader executes the TO’s program, not the agency’s promises.

What are ‘linked travel arrangements’ and why do they matter?

These are services purchased separately but facilitated by the same professional. They don’t form a package and have different (lesser) protections. For the Tour Leader: if the TO asks you to sell extra excursions, verify whether they constitute a package or a linked arrangement — the legal implications are different.

Why should the Tour Leader know the hierarchy of legal sources?

Because the regulations governing your work come from 4 different levels (EU, State, Region, Municipality) and can conflict. Knowing which one prevails allows you to competently answer regulatory questions from passengers and the TO.

The Travel Package in the Era of EU Directive 2015/2302

Il pacchetto is defined by EU Directive 2015/2302, transposed in Italy in 2018. The legislation significantly broadens the definition of a package: today, even “customized packages” sold online fall within the legal definition. Every Tour Leader must know when the service they offer falls within the package definition and what obligations follow.

Mandatory pre-contractual information for the travel package includes: complete program description, total prices and payment methods, withdrawal and modification rights, information on visas and health requirements. Failure to provide this information exposes the package organizer to legal liability.

Organizer and Tour Leader Responsibility in the Travel Package

Nel pacchetto turistico, la responsabilità legale è suddivisa tra l’organizzatore (how to open a tour operator) and the seller (agency). The Tour Leader is not a party to the package contract with the consumer, but has professional obligations toward the organizer. In the event of a service failure included in the package, the Tour Leader documents the issue and supports participants in the formal complaint.

Il EU Portal on the Package Travel Directive provides complete information on the regulations governing travel packages in Europe. Every organized tourism professional must know these fundamental rights and obligations.