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Terms and
Conditions
of Travel
PLEASE READ CAREFULLY
All services are issued under these standard terms and conditions of travel.
Please review carefully.
DEFINITIONS
"Booking
agreement" means an agreement between the Customer and VisitsItaly.com for any
and all services to be rendered to the customer by any travel service provider
with whom VisitsItaly Travel Inc. arranges a travel service on behalf of the
Customer.
"Customer" means any person who enters into a booking agreement with
VisitsItaly Travel Inc. for the purchase of any service offered by a travel
service provider and includes any and all other persons on behalf of whom the
Customer enters into the said agreement.
"Itinerary" means any plan of travel arranged and made by VisitsItaly Travel
Inc. on behalf of a client including any plan of travel including the purchase
of any or all travel services described or enumerated or set forth in the
itinerary so provided.
"Travel
service" means any service provided by any travel service provider.
"Travel
service provider" means any company, partnership, organization or individual who
provides a travel service to the customer, including without limiting the
generality of the foregoing any owner or operator of any airline, ship or boat
owners, train operators, cable car, funicular operator car rental agency, bus,
limousine, taxi service, tour operator, tourist attraction, park or recreational
facility, recreational equipment renter, hotel, hostel, agriturismo, bed and
breakfast, campground, villa, or apartment owners and any and all other
providers of travel products or services for which bookings or reservations have
been, are being or may be made on the customers behalf by VisitsItaly Travel
Inc.
AGREEMENT TO THESE TERMS AND CONDITIONS
In
addition to directing the Customer to the website URL for this page on the
VisitsItaly.com website, VisitsItaly Travel Inc. will deliver these terms
and conditions the Customer as an attachment on an email, either in conjunction
with an Authorization to Use Credit Card form and other documents relating to
the travel services to be provided to the Customer. The Customer who is so
directed or who receives these Terms and Conditions as an attachment from
VisitsItaly Travel Inc shall be bound by these terms and conditions. The
Customer acknowledges and agrees that if, on the page on the VisitsItaly.com
website to which the Customer is directed to make a credit card payment, he or
she checks the box indicating their acceptance of the Terms and Conditions, that
this indicates their agreement to be so bound, even in their absence of a
signature on these Terms and Conditions.
PAYMENTS
VisitsItaly Travel Inc. will deliver an invoice stipulating the amount the
Customer shall pay for the travel services being provided to the Customer, and
VisitsItaly Travel Inc. shall pay all travel service providers on behalf of
the Customer for the said services. The Customer may be asked to pay a deposit
before final payment, and then a final payment, or may be asked to pay the full
and final payment of the amount stipulated in the invoice, but in all such
cases, the requested payment, whether a deposit or a final payment, shall be
made within seven (7) days of the request to pay. Unless otherwise agreed, the
Customer shall make the said payment on the VisitsItaly.com website on a
secure page to which the Customer is directed by VisitsItaly Travel Inc.
AUTHORIZATION TO USE CREDIT CARD
Unless
otherwise agreed, the Customer shall pay for all travel services by use of their
credit card or any other credit card they are permitted to use by another
person. By offering such a credit card to pay for such travel services, the
Customer expressly acknowledges and agrees to authorize, permit and enable
VisitsItaly.com to take payment for such services, including deposits and
final payments, and to pay any and all travel service providers who have, are or
may be rendering travel services to the Customer as the result of a Booking
Agreement. This authorization and permission shall be granted whether the
Customer uses the said credit card him or herself to make payment through the
credit card payment page integrated into the VisitsItaly.com website where the
Customer is directed by VisitsItaly Travel Inc. to make payment, or by any
employee of VisitsItaly Travel Inc. who facilitates payment on a credit card
payment terminal at the offices of VisitsItaly Travel Inc.
STOPPING OR DISHONOURING PAYMENTS
The
Customer acknowledges and agrees that he or she will not stop payment of or
otherwise dishonour any credit card payment which he or she has previously
authorized unless the amount charged or to be charged by VisitsItaly for
travel services has not been agreed to by the Customer. Even in the case of
payments the Customer says he or she did not agree to pay, the Customer will not
stop payment or otherwise dishonour the credit card payment unless and until he
or she has notified VisitsItaly Travel Inc. in writing, whether by letter or
email, that it will be stopping or dishonouring such payment and unless and
until VisitsItaly Travel Inc. has been given the opportunity to discuss the
Customer's decision to stop payment or otherwise dishonour the payment. The
Customer will not stop or dishonour payment before the expiration of seven (7)
days after it has notified VisitsItaly.com as provided herein.
GROUP TRAVEL (9 OR MORE PEOPLE)
When 9 or
more people are traveling together it constitutes a "Group" within the meaning
of this paragraph. A Group Leader is a person who is acting on behalf of the
group. A travel agent may act on behalf of the Group and Group Leader with
regard to discussions and communications with VisitsItaly.
VisitsItaly will prepare an itinerary based on information provided by the
group leader or its agent. Once the final itinerary is approved by the Group by
its leader or their agent, VisitsItaly.com will prepare and deliver a final
invoice for the total price of the itinerary for the total number of members of
the group.
a) Deposit payments and final payments for groups
departing more than 120 days after the final invoice is delivered:
The group
shall make an initial deposit of 10% of the total price within 14 days of
receiving the invoice. An additional deposit equal to 20% of the total price
shall be paid within 120 days of the date of the first service described on the
itinerary. The Deposits paid, less the administrative fee referred to herein
shall be refundable up to 60 days before the date of the first service described
in the itinerary. The final payment shall be paid no less than 60 days before
the date of the first service provided in the itinerary and shall be fully
non-refundable when paid.
b) Deposit payments and final payments for groups
departing less than 120 days after the final invoice is delivered.
If the
date of the first service on the itinerary is less than 120 days away when the
invoice is submitted to the Group, a deposit of 30% shall be paid within 10 days
of the date the invoice is delivered and the final payment shall be paid as
provided in paragraph a herein within 60 days of the date of the first service
on the itinerary and payments shall be non-refundable at that time.
c) Payments for groups departing within 60 days
of the delivery of the final invoice.
If a
group is departing within 60 days of the date of the deliver of the final
invoice the final payment shall become immediately due and payable and the
payment shall be non refundable. All deposits received from the client or from
the agent on the group's behalf, shall be non refundable if a cancellation is
made within 60 days of the Group's departure date.
Administration Fee for Group Refunds
Where a
group which has made a deposit or final payment is entitled to a refund, the
refund shall be made subject to the retention of an administration fee equal to
10% of the total invoice.
CANCELLATIONS for F.I.T. (Fully Independent Travelers(non Group travel))
The
Customer may cancel the following travel services without penalty, but
subject to applicable administration fees, within the times indicated
herein:
a)
Transportation service providers (including air, rail, bus and marine
transportation): Air flights, bus transport, train transport, ship or boat
transport - according to the terms and conditions stipulated by the service
provider.
b) Short
term accommodation service providers - including any accommodation provider who
is supplying accommodation the Customer for five (5) or fewer nights: the
Customer may only cancel by providing at least seven (7) days advance notice in
writing, whether by letter or email, unless the accommodation provider has a
cancellation policy that conflicts with this paragraph in which case the
Customer shall be bound by the accommodation provider's policy, and the Customer
shall have no recourse against VisitsItaly.com or the accommodation provider.
c) Long
term accommodation service providers - unless otherwise agreed between
VisitsItaly.com and the Customer, including any accommodation provider who is
supplying accommodation to the Customer for six (6) or more days: the Customer
shall provide at least forty five (45) days advance notice in writing, whether
by letter or email.
d)
Multi-day tours - unless otherwise agreed between VisitsItaly.com and the
Customer, the Customer shall provide at least sixty (60) days advance notice in
writing, whether by letter or email.
e) Half
day and one-day tours - unless otherwise agreed between VisitsItaly.com and
the Customer, the Customer shall provide at least forty eight hours (48) advance
notice in writing, whether by letter or email.
In such
cases where the Customer has provided notice for the cancellation of said
services as provided above, the Customer, subject to the administration fee
herein provided, shall be fully reimbursed for any deposits or payments made for
such services.
If the
Customer does not provide notice of cancellation as provided herein, the
Customer shall forfeit all payments made with respect to the services which are
cancelled, unless VisitsItaly.com, on behalf of the Customer can obtain a full
or partial refund from the provider of the supplier, in which case, subject to
the payment of the administration fee herein provided by the Customer,
VisitsItaly shall pay or reimburse the Customer the amount of the refund so
obtained.
VOUCHERS
The
vouchers issued by VisitsItaly in relation to any service purchased by the
Customer shall be conclusive as to the date(s) of the service(s) described in
the voucher, and as to the scope and nature of those services. The Customer
acknowledges that upon receipt of the voucher(s) it is his/her responsibility to
read and review any voucher issued by VisitsItaly, and to immediately notify
VisitsItaly of any discrepancy between the information on the voucher and the
services he/she has requested and purchased so the voucher can be corrected
prior to the rendering of the service by the supplier of the service.
OTHER TRAVEL DOCUMENTS
Travel
documents and tickets, joining and departure details, supplier addresses and
phone contacts will be sent upon receipt of final payment. The Customer
acknowledges and agrees that he or she will be bound by the terms and conditions
contained in any travel document issued by a travel service provider to the
Customer even if it is delivered after the Customer has agreed to these terms
and conditions. In the event of any conflict between the terms and conditions
contained on any such travel document and these terms and conditions, the terms
and conditions of the former shall prevail.
ADMINISTRATION FEES
The
Customer shall be liable for the payment of the following administration fees:
a) For
arranging the cancellation of any specific travel service to be provided to the
Customer, twenty five percent (25%) of the price of the service, provided the
fee shall not be less than twenty Euro or more than two hundred and fifty Euro,
or the equivalent amount in the home currency of the Customer. The Customer
acknowledges and agrees that this fee applies to individual services, not to the
aggregate cost of all services if more than one service applies.
b) For
obtaining a full or partial refund with respect to the payment of any travel
service that the Customer agreed to purchase, twenty five percent (25%) of the
amount of the refund, provided the fee shall not be less than twenty Euro or
more than two hundred and fifty Euro, or the equivalent amount in the home
currency of the Customer.
c) For
changing or amending an itinerary already agreed to by the Customer, whether
prior to or after any payment made by the Customer with respect to an itinerary,
two and one half percent (2.5%) of the amount of the refund, provided the fee
shall not be less than twenty Euro or more than one hundred Euro, or the
equivalent amount in the home currency of the Customer.
d) For
facilitating the amendment of a voucher or ticket or other travel document
already delivered to the Customer, five percent (5%) of the amount of the
refund, provided the fee shall not be less than twenty Euro or more than fifty
Euro, or the equivalent amount in the home currency of the Customer.
ARRIVALS AND DEPARTURES
The
Customer acknowledges and agrees that he or she is responsible for arriving at
the place and time where a travel service is to be delivered and that
VisitsItaly Travel Inc is in no way liable or responsible for the loss of the
said service or the refusal of the travel service provider to extend the service
by reason of the late arrival.
a) In the
case of places of accommodation, the Customer will arrive no later than 5PM
local time at the place of accommodation and, unless otherwise agreed by the
accommodation provider, shall vacate the place of accommodation no later than
11AM on the last day of their stay. If the Customer can not arrive at a place of
accommodation on a timely basis, the Customer is responsible for contacting the
owner or operator of the place of accommodation and entering into an agreement
concerning the Customer's arrival. The Customer shall absorb any and all
financial losses occasioned by the late arrival.
b) In the
case of transportation services, the Customer will arrive in sufficient time to
ensure his or her access to the said service, allowing for such check in
procedures, baggage checking services, security checks, and other such
procedures as are imposed on the Customer before they are able to avail
themselves of to the said service.
INSURANCE
The
Customer acknowledges and agrees that VisitsItaly Travel Inc. in no way stands
as an insurer of any loss experienced by the Customer with respect to the travel
services purchased by the Customer through VisitsItaly Travel Inc. The
Customer further acknowledges and agrees that he or she is solely and
exclusively responsible for purchasing insurance against any and all damage or
loss which he or she may experience, whether occasioned by the cancellation of a
travel service, or by his or her's inability to travel and avail him or herself
of the services purchased, or by their advertent or inadvertent inability to use
or consume the services on a timely basis, or by the negligent or intentional
infliction of injury or damage by any travel service provider.
NON PERFORMANCE BY A SERVICE PROVIDER
It is
agreed, understood and acknowledged that VisitsItaly Travel Inc. stands in the
position of an agent for both clients and service providers of services,
including hotel chains and direct operators, tour guides, tour operators,
transfer or limousine companies and drivers, coach and bus charter companies,
cruise ship operators, train operators, and any and all other service providers
whose services were arranged for the client or agent. Unless VisitsItaly
Travel Inc. has been reckless in making the arrangements, in the case of
non-performance by a service provider, the sole recourse of the client or agent
for reimbursement or refund for the price paid for the services, or any
ancillary, related or consequential costs, is against the direct service
provider, and the client or agent shall have no claim whatsoever against
VisitsItaly Travel Inc. In such cases, VisitsItaly Travel Inc. will contact
the service provider on behalf of the client or agent to request such
compensation and/or will provide the agent or client with the information they
require to make a request or press a claim directly with the non-performing
service provider.
FORCE MAJEURE
VisitsItaly Travel Inc. shall not be liable for any claims, losses, damages,
costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever,
resulting from events beyond our or a supplier’s reasonable control, including,
but not limited to, acts of God, strikes, lockouts or other labor disputes or
disruptions, wars, blockades, insurrections, riots, earthquakes, weather
conditions, floods or acts or restraints imposed by government authorities, or
by reason of a travel service providers inability or refusal to extend a service
purchased by the Customer.
PRICING
The
Customer acknowledges and agrees that the price which the Customer pays for a
travel service includes a commission paid by a service provider or a fee added
by VisitsItaly Travel Inc. that will be paid to or retained, as the case may
be, by VisitsItaly Travel Inc. and that the said commission or fee is the
remuneration earned by VisitsItaly Travel Inc. for arranging the delivery of
the said service to the Customer and for rendering other services, including
facilitating payment for such services, to the Customer.
The
Customer further acknowledges and agrees that the prices the Customer pays for
such travel services may be higher than is paid by other customers or patrons of
the the said service, whether they have purchased through another agent or
directly from the service provider, and that such instances the Customer is not
entitled to a refund of the difference between the price the Customer has paid
and the price paid by the other customers or patrons of the service.
PRICES AND CURRENCY EXCHANGE
The
prices for travel services purchased by the Customer for travel to Italy and all
other European countries are based on the Euro unless specifically stated
otherwise. The Customer acknowledges and agrees that if they ask to pay in
currency other than Euro that the currency exchange rates used shall be those
that apply at the time of payment. If currency exchange rates of the currency in
which they wish to pay have deteriorated against the Euro from the date of one
payment, such as a deposit payment, and another payment, such as a supplemental
or final payment, the rate at the date of payment applies. The Customer further
acknowledges and agrees that the currency exchange rate applicable shall be the
bank rate of VisitsItaly, not the international published rates.
QUALITY OF SERVICES
VisitsItaly Travel Inc. shall make every reasonable effort to ensure that the
quality of the services purchased by the Customer shall be the highest standard
possible, bearing in mind the comfort, convenience and expectations of the
Customer. The Customer acknowledges and agrees, however, that VisitsItaly
Travel Inc. assumes no responsibility or liability for the general condition of
any property associated with the provision of a travel service or the deportment
or behaviour of the owners, managers or employees of a service provider, or over
any other matter that VisitsItaly Travel Inc does not have, and can not be
expected to have, over a service provider.
These
terms and conditions apply to the provision of Travel Services to Customers of
VisitsItaly Travel Inc.
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Comments and
questions: Please contact
VisitsItaly.com
Originally created on October 1, 2006;
amended March 25, 2011 |
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