TERMS AND CONDITIONS OF TRAVEL CONTRACT
1. CONTRACTING PARTIES
These Terms and Conditions are legally binding between the Traveler(s) and Tuscan Treasures Tours, LLC, hereinafter referred to as “TTT.”
2. ACCEPTANCE OF THESE TERMS
Booking of a quotation from TTT constitutes acceptance of these Terms and Conditions, which take effect immediately.
3. ACCOMMODATIONS, MEALS, TRANSPORTATION, SIGHTSEEING, ETC.:
All accommodations, room type(s), meals, transportation, arranged sightseeing and other specifications are as stated in the itinerary, subject to availability.
4. ITINERARY and ALTERATIONS THEREOF:
Accommodations, meals, transportation, arranged sightseeing and other specifications are subject to change at any time due to weather, roadway conditions, unexpected closings, unforeseen circumstances or other circumstances beyond the control of TTT. Every effort will be made to operate tours as stated in the itinerary, but alterations may be required after the final itinerary has been issued. TTT reserves the right to withdraw a tour or any part of it, to make such alterations to the itinerary or the tour inclusions as it deems necessary or desirable, and to charge the Traveler any expenses or losses caused by delays or events beyond our control. In case of any appreciable variation in tour costs due to such alterations, TTT reserves the right to adjust the tour prices.
TTT may, in its sole and absolute discretion:
a) offer the Traveler(s) alternative travel arrangements or products of comparable standards as may be appropriate in the circumstances; or
b) if alternative travel arrangements or products are not offered by TTT, TTT will make a prompt, proportional refund of monies paid by the Traveler, subject to penalties imposed by third parties upon TTT resulting from such alteration or cancellation.
c) charge a reasonable fee to cover administrative costs associated with providing alternative travel arrangements or products.
d) If a material alteration becomes necessary within 90 days of the departure date, for any reason other than circumstances described in this clause, TTT will endeavor to offer comparable products and services or a full refund of all monies paid by the Traveler(s).
5. SPECIAL REQUESTS:
Special requests, such as single supplement, requests based on dietary restrictions, health or mobility limitations, etc., must be advised in writing at time of booking. Please note that every effort will be made to accommodate special requests; however, such accommodations cannot be guaranteed, as Italian law does not require such accommodations to be made.
6. BAGGAGE:
TTT provides handling of baggage upon pick-up at, and return to, the Italian airport or train station as specified in the quotation. Ground handling of excess baggage may require payment of additional charges. Loss and/or damage to baggage and personal effects are at the owner’s risk throughout the tour. TTT assumes no liability for lost or damaged baggage or personal effects. Tuscan Treasures Tours strongly recommends that the Traveler purchase travel insurance, including baggage insurance. Please check with your international carrier for its baggage restrictions applicable to your international flight, as most airlines charge extra for additional carry-on, checked or overweight bags.
7. TAXES AND GRATUITIES:
Hotel taxes as imposed by Italian city and state governments are included. Gratuities for hotel and restaurant service are included. Gratuities for Tour Guides, Tour Leaders, drivers, porters and others are not included, and are at the discretion of the Traveler.
8. CURRENCY FLUCTUATION, ETC., AND ADJUSTMENT OF TOUR PRICES:
The quoted tour price is based upon the current rates of currency exchange, tariffs and other costs quoted to TTT. Tour prices are subject to adjustment for fluctuations in foreign currency, tariff rates, taxes, menu changes, changes in entrance and admission fees, etc.
9. EXCLUSIONS:
The cost of obtaining passports, visas, excess baggage charges, and all items of a personal nature, such as laundry, telephone calls, fax charges, excess baggage charges, spa appointments and personal sightseeing not included in the itinerary are not included in the tour price.
10. PHOTOGRAPHY & VIDEO WAIVER:
TTT reserves the right to take photographs and/or videos during the operation of any tour program or part thereof, and to use them for promotional purposes. By booking a tour with TTT, the Traveler agrees to allow his/her images to be used in such promotional photographs and/or videos. Travelers who prefer that their images not be used, are asked to transmit such request in writing to TTT prior to final payment to be exempted from this photography waiver clause.
11. REGISTRATION & INITIAL DEPOSIT:
A non-refundable deposit of 25% of the quoted price is required at the time of booking, at least 90 days prior to departure. The balance of the tour price, as may be adjusted after payment of the initial deposit, must be paid in full at least 75 days prior to departure. If the reservation is made within 75 days of departure, the entire tour price must be paid at the time of booking. For reasons beyond its control, TTT may adjust the price up to 10 calendar days before departure, and Traveler agrees to pay any adjusted amount within 3 days of notification.
12. PAYMENT METHOD:
Payments will not be accepted and bookings will not be made until the Traveler has read and agreed to these Terms & Conditions of Travel Contract, which are available on the website. Only upon receipt of these Terms and Conditions, signed by the Traveler, will payments and bookings be accepted. Payments must be made by Paypal funds, debit or credit card as detailed in the Invoice which will be send to the Traveler.
13. CANCELLATION BY TRAVELER:
Our cancellation policies are based upon deposit and cancellation deadlines imposed by our vendors, as well as additional handling charges and requirements. The Traveler agrees that no objections to the cancellation deadlines stated below will be made, and fully agrees to all cancellation policies as stated herein. All cancellation requests must be received in writing as follows:
13.1 Cancellations received between the date of booking and 76 days prior to departure will result in loss of the initial 25% deposit.
13.1.1 Cancellations received 75- 50 days prior to departure will be subject to a further cancellation charge of an additional 25% of the tour price, as adjusted (for a total cancellation charge of 50% of the tour price, as adjusted).
13.1.2 Cancellations received 49 - 31 days prior to departure will be subject to a further cancellation charge of an additional 25% of the tour price, as adjusted (for a total cancellation charge of 75% of the tour price, as adjusted).
13.1.3 Cancellations received less than 31 days prior to departure will be subject to cancellation charge of the entire tour price, as adjusted.
13.2 The purchase of special event tickets is subject to the refund policy of each individual event, and may not be refundable.
13.3 TTT reserves the right to charge the Traveler for financial penalties, fees and losses incurred resulting from cancellation by the Traveler.
14. CLAIMS AND REFUNDS:
Refunds may not be claimed for any services missed or not used by the Traveler. Please see the LIMITS ON RESPONSIBILITY clause below. For other verifiable claims to be considered, they must be received, in writing, within 20 calendar days of the end of the tour. Any adjustment considered will be based on the actual cost to TTT of the services involved, and not on a per diem basis.
15. LIMITS OF RESPONSIBILITY :
TTT, its employees, members, officers, directors, successors, agents and assigns (collectively TTT), does/do not own or operate any entity which provides goods or services for your tour, except that Tour Leader and/or Photography services may be provided by a Company employee, member, officer, director or agent. TTT purchases transportation (by bus, van, auto, boat, train or otherwise), hotel and other lodging accommodations, restaurant and other meals, ground handling, tour guide and other services from various, independent suppliers. All such persons and entities are independent contractors. Accordingly, TTT is not liable for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such independent contractors, which result in any loss, damage, delay, inconvenience or injury, or death to travelers.
In addition and without limitation, TTT is not responsible for any personal injury, death, financial or physical injury or loss, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God, force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, change in governmental regulations and policies, overbooking or downgrading of services, food poisoning, negligence, mechanical or other failure of transportation or for failure of any transport mechanism to arrive or depart on time.
There are many inherent risks in travel which can lead to illness, injury or even death. These risks are increased by the fact that travel can take place in remote locations, far from medical facilities, without adequate roads or emergency assistance. The Traveler assumes all risks associated with participating in travel, and for services or products purchased through TTT.
16. HEALTH PRECAUTIONS:
Please consult with your personal physician before your travel, and make sure you have sufficient prescription medications in the event of unexpected delay in return to the U.S. or your country of origin.
17. TRAVEL ADVISORIES/WARNINGS:
It is the responsibility of Travelers to become informed about the most current travel advisories and warnings issued by their respective government agencies. In the event of an active State Department or government agency Travel Warning concerning travel to a specific destination included in your tour, should the Traveler still choose to travel, notwithstanding such travel advisory or warning, the Traveler assumes all risk of personal injury, death or property damage that may arise out of events similar to those advised or warned against.
For information concerning travel advisories for international destinations, contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 http://travel.state.gov/travel/warnings.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel (404) 332-4565.
18. TRAVELERS’ REPRESENTATIONS:
Traveler(s) represent(s) that neither (s)he nor anyone traveling with him/her has any physical, emotional, mental or legal condition or disability that could create a hazard to himself or other members of the tour. TTT reserves the right to remove from the tour, at the sole expense of the Traveler, anyone whose condition is such that he/she could create a hazard to him/herself or others, or otherwise impact the enjoyment of other passengers on the tour.
19. PASSPORT & VISAS
Each Traveler is responsible for obtaining the required documentation applicable for entry into other countries. Passports must be valid for at least six (6) months after departure and should also have sufficient blank pages for visas and immigrations stamps. Furthermore, European countries, including Italy, may begin requiring non-EU and non-Italian residents to obtain visas prior to entering their countries. Travelers are urged to check with their governmental authorities prior to booking and again prior to departure to confirm compliance with changing visa and/or passport requirements. TTT is not responsible should you be denied entry to any country due to non-compliance with these requirements.
20. TRAVEL INSURANCE:
TTT strongly recommends that all Travelers obtain comprehensive travel insurance upon booking. This insurance should cover cancellation and curtailment, all medical expenses including evacuation and repatriation, personal baggage, personal liability, death and permanent disability, and travel document insurance. TTT is not responsible for any costs, penalties or other damages arising from such loss or injury.
21. CLAIMS, APPLICABLE LAW AND FORUM:
This agreement and all claims related thereto shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida. It is agreed between TTT and the Traveler that all claims, demands, court suits or processes brought against TTT arising under, in connection with, or incidental to the tour purchased, shall be filed, if at all, in the State courts of Miami-Dade County, Florida, to the exclusion of the arbitration panels and courts of or in any other county, state, country or jurisdiction. ALL PARTIES HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY.
I HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS, AND ACKNOWLEDGE THAT NO TOUR BOOKING MAY BE ACCEPTED WITHOUT SUCH AGREEMENT.
I ALSO AGREE THAT TYPING MY NAME BELOW CONSTITUTES AN ORIGINAL SIGNATURE.
(Each Traveler must sign this electronic form when booking. See General Instructions)