Tour Participant Terms and Conditions
ItaliaTours, LLC is an experienced booking agent that specializes in unique and memorable experiences in Italy, provided by locally licensed and insured tour operators. The terms “we”, “us”, “our”, and “ItaliaTours” refer to ItaliaTours, LLC, a limited liability company organized and existing under the laws of the State of Delaware. The term “you” “participant” or “traveler” refers to the participant(s) making a booking with us.
CONTRACT. We draw your attention to the terms and conditions of your participation below, and these terms and conditions, including all brochures, documents, correspondence and the terms and conditions of our suppliers, form the basis of the contract with you (“Contract”). Before booking through us, you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection, arbitration provisions and notice clauses. By making a booking through us, you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.
You represent and warrant that you are of sufficient age and mind to use our services and website (https://italiatours.com/, the “Website”) and can create binding legal obligations in connection with your use, and that the information supplied by you is true and correct.
VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to participate in all or any part of the tour.
CHANGES TO THESE TERMS AND CONDITIONS. ItaliaTours reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions with material changes will be provided to you and are effective immediately upon receipt to you via email. Your continued use of our services including continuing to use or maintain your booking after any changes to the terms and conditions constitutes your consent to the changes.
COVID-19 RELEASE OF LIABILITY. By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and other viruses, illnesses and diseases (collectively, “Diseases”) and voluntarily assume the risk for yourself that you may be exposed to or infected by Diseases by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such Diseases is an inherent risk of traveling, which cannot be controlled or eliminated by ItaliaTours.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or canceled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on ItaliaTours to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (collectively, the “Releasors”), HEREBY RELEASE, AND HOLD HARMLESS ItalyTours, its owners, members, agents, and/or employees, and Suppliers (collectively, the “Releasees”), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to Diseases, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
SCOPE/AGENCY. ItaliaTours does not provide, own, or control the travel services and products that are or may be provided as part of your tour, including without limitation tours, transportation, vehicles, museums, sightseeing, food and drink (including alcohol), parks, venues, or any other travel-related product or service (the “Travel Products”). The Travel Products are owned, controlled, or made available by vetted third parties (the “Suppliers”) such as tour operators, transportation companies, wineries and restaurants. The Suppliers are solely responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; ItaliaTours does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that ItaliaTours acts only as booking agent for the traveler in securing the provision of the Travel Products and other privileges or services for the travelers’ benefit, and on the express condition that ItaliaTours shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
BOOKING AND PAYMENT. Various Travel Products are available for booking through our Website. At the time of booking, you must pay for the Travel Product in full. All payments are to be made by one of the following credit cards: Visa, MasterCard, AmericanExpress or Discovery. Your submission of your payment to us is an additional acknowledgement and agreement to these terms and conditions, including without limitation the cancellation terms, as well as the terms and conditions of the applicable Suppliers. Payment will be listed with the name of the applicable Supplier on your credit card statement. Bookings are not transferable without the explicit written approval of ItaliaTours. Certain payments may be non-refundable all as more particularly described in the terms disclosed to you at the time of booking.
Shortly following your booking, you will receive a confirmation email detailing important meeting locations and times. You must arrive at least fifteen (15) minutes prior to the start of your tour. You are solely responsible for any issues encountered for not being on time for any aspect of your tour. If you or your travel companions are running late or need assistance in finding the meeting point, please call our office at the number provided in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time. Neither us nor our Suppliers shall have any liability, obligations, or responsibility in connection with any tours missed due to traffic or any other circumstance.
Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.
We use a third-party payment processor (the “Payment Processor”) to bill you at the time of booking. The processing of payments will be subject to the terms, conditions and policies of the Payment Processor in addition to this Contract. We are not responsible for any errors by the Payment Processor. You agree to pay us, through the Payment Processor, all charges and prices applicable to your tour at time of booking. We reserve the right (but are under no obligation to) to correct any errors or mistakes that the Payment Processor makes.
CHARGEBACKS. You must provide to us an authorization for every transaction for your tour. Your authorization is an agreement for us and/or the Suppliers to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. ItaliaTours retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of ItaliaTours or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
- Chargebacks resulting from issues with our Payment Processor.
PRICE AND RATE CHANGES. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. We reserve the right to add a supplement to your travel prices should our costs of supplying your tour increase. Any increase in your tour price will be as the result of changes in our costs of supplying your tour resulting from changes outside of our control, such as changes by our suppliers, dues, taxes payable locally, or government entities. We reserve the right to make changes to and correct errors in advertised prices at any time before your payment is received. We will advise you of any errors of which we are aware and of the then-applicable price at the time of booking.
INCLUSIONS/EXCLUSIONS. Any items, matters or Travel Products not referred to on the applicable tour’s booking page on our Website are not included in your tour. Only those items, matters and Travel Products explicitly included in the descriptions and inclusions/exclusions listed on the applicable tour’s booking page on our Website are included in your tour.
CHANGES AND CANCELLATIONS.
Changes by Participants
Participants acknowledge, understand and agree that descriptions and inclusions/exclusions listed on the Website describes all activities comprising a tour and participants shall not be entitled to make any changes or deviations thereto.
As described above, ItaliaTours is required to pay certain Suppliers well in advance of your tour date. This includes but is not limited to meals, tickets, transportation, etc. Since ItaliaTours will pay certain deposits and costs to suppliers prior to the date of travel, in the event of a cancellation by you ItaliaTours will assess certain cancellation charges all as more particularly described in the terms disclosed and agreed to by you at the time of booking.
All cancellations must be submitted in writing to [email protected], and are also subject to the terms and conditions of the applicable Supplier. You are strongly encouraged to review the terms and conditions of the Suppliers of your tour. Some tours may be refundable if canceled up to twenty-four (24) hours prior to start time, but some tour packages (e.g., those involving rail) have less flexible cancellation terms. We shall not be responsible for, and shall have no liability in connection with, any refunds, credits or vouchers you may be entitled to, it being understood that the applicable Suppliers’ cancellation and refund policies shall be your sole resource in the event of a cancellation of any part of the tour. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, or for Supplier bankruptcy or insolvency.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation or Changes by ItaliaTours or its Suppliers
If between planning time and/or during actual travel, circumstances require changes, ItaliaTours and its Suppliers of Travel Products reserve the right to cancel or vary any intake form and substitute components of any tour, including but not limited to restaurants and performances of comparable quality, if available. There may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. ItaliaTours and its Suppliers reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. ItaliaTours cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the participant. Normal cancellation penalties still apply to the tour that has been changed. If we or our suppliers suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the Supplier of the activity and your only recourse in case of damage will be against the Supplier of the alternate activity.
NO REFUND FOR UNUSED ARRANGEMENTS. As ItaliaTours’ tour package prices are based on contract rates, there will not be any refund for any unused portion of a tour. If you cancel while any part of the tour is in progress, there is no refund for the unused portion. We are not responsible for, and shall have no liability in connection with, any Travel Products independently booked or purchased by travelers.
FORCE MAJEURE. ItaliaTours assumes no loss or liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, Diseases, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by ItaliaTours that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our Suppliers, we will refund these to you without any charge by ItaliaTours.
AIR RESERVATIONS. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier, such as baggage fees or fees relating to seating arrangements. You are advised to personally re-confirm your flight schedule within twenty-four (24) hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
TRAVELER INFORMATION, IDENTIFICATION AND DOCUMENTATION. It is your responsibility to be aware of any and all requirements, including, without limitation, I.D. requirements, for entry into the applicable venues that host the tour’s events or activities. ItaliaTours will not be liable for delays, missed events, damages or losses that result from your failure to provide proper identification or documentation (or government decisions about entry), if and when requested. Names provided to secure reservations must match travelers’ respective passports. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
NON-RESPONSIBILITY. ItaliaTours, and its employees, owners, agents, and representatives use third party suppliers to arrange tours, transportation, performances, shows, and all other services related to this tour. ItaliaTours is not an employee, agent, or representative of any of these suppliers. ItaliaTours does not own, manage, operate, supervise, or control any transportation, vehicle, venue, performance, show or restaurant, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of ItaliaTours. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all participants agree that neither ItaliaTours, nor its employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of ItaliaTours. ItaliaTours assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; ItaliaTours assumes no responsibility or liability for personal property; and ItaliaTours shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. ItaliaTours accepts no responsibility for lost or stolen items. ItaliaTours reserves the right to refuse any participant or potential participant at its sole discretion.
ASSUMPTION OF RISK/WAIVER. Traveler is aware that travel may involve inherent risks to your health and safety. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including suppliers, other participants, ItaliaTours and its owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating.
You agree that there is a risk associated with your ability to keep up with the pace of the group. We shall not be held liable for any reason if you are unable to keep up with the group at any point during the tour. You agree that we will not be able to slow down to accommodate your pace, and we shall not be liable should you need to turn around and not complete the tour.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this tour, participant is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release ItaliaTours and its employees, shareholders, agents, and representatives (“Representatives”) from any and all claims associated with the tour, including any claims of third-party negligence and/or the negligence of ItaliaTours or its Representatives and participant hereby covenant not to sue ItaliaTours or its Representatives for any such claims or join any lawsuit or action that is suing ItaliaTours or its Representatives. You waive any and all claims that you have, or may in the future have and release from all liability and agree not to sue, ItaliaTours or its Representatives for any personal injury (including mental distress or trauma), illness (including exposure to Diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of the tour due to any cause whatsoever on the part of ItaliaTours, its Representatives or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind This agreement also binds your heirs, legal representatives and assigns. The terms of this Assumption of Risk/Waiver paragraph shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
INDEMNIFICATION. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by ItaliaTours, its Representatives and our local Suppliers. Our Representatives and local Suppliers reserve the right to remove you from any tour if you endanger yourself or others or disrupt others. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless ItaliaTours and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by ItaliaTours or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Contract and (ii) any damage caused by traveler while participating in the tour.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. ItaliaTours will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify ItaliaTours at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding, embarkation, or access to a supplier due to a pregnancy, ItaliaTours shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to ItaliaTours to publish any photographs and/or videos of the tour or participant in printed or electronic media without obtaining further consent and without compensation. Each participant releases ItaliaTours and its representatives from any liability in connection with any use of such photographs and/or video.
CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM. You agree that you will only bring claims against ItaliaTours in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. ItaliaTours shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages.You understand and agree that no claims will be considered and that you will not bring suit against ItaliaTours unless (i) you have first provided a typewritten notice of claim to ItaliaTours within 30 days after the tour or cancellation of the tour and (ii) suit is filed within one (1) year after such claim of action arose.
GOVERNING LAW/VENUE. This Agreement and all disputes in connection herewith shall be governed by and construed in accordance with the laws of the State of New York exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in New York, and you hereby consent to the full in personam jurisdiction of New York courts. ItaliaTours shall not in any case be liable except as expressly described hereunder.
ENTIRE AGREEMENT & SEVERABILITY. This Contract, including the terms and conditions of our Suppliers, any other documents, including invoices, that we provide you constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to ItaliaTours. If any provision of this Contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Contract and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of this Contract shall not be construed against the drafting party.