1. CONTRACTING PARTIES
1.1. These Terms and Conditions are legally binding between the client(s) and ExclusivItaly S.r.l., who operates under the brand name ILC – Italian Luxury Consulting, here in after referred to as ExclusivItaly.
2. ACCEPTANCE OF THESE TERMS
2.1. Acceptance of a quotation from ExclusivItaly constitutes acceptance of these Terms and Conditions which take effect immediately.
3. ACCOMMODATION, MEALS AND TRANSPORTATION
3.1. All accommodations (room type(s) and specification), meals and transportation are as specified in the itinerary. Transfers from airport to hotel and return, are provided on arrival and departure as specified in the itinerary.
4.1. Accommodation and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond ExclusivItaly control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.
4.2. ExclusivItaly also 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 pass on to tour members any expenditures or losses caused by delays or events beyond its control.
4.3. In case of any appreciable variation in the tour price due to these circumstances, ExclusivItaly reserves the right to make adjustments to the tour costs as necessary.
5. SPECIAL REQUESTS
5.1. Specific requests should be advised at time of booking. Please note that every effort will be made to secure special requests, however they cannot be guaranteed.
6.1. ExclusivItaly provides handling of baggage only as specified in the quotation.
6.2. Baggage and personal effects are at the owner’s risk throughout the tour and ExclusivItaly assumes no liability for lost or damaged baggage. Baggage insurance is strongly advised.
7. TAXES AND GRATUITIES
7.1. Hotel taxes as imposed by city and state governments are not included.
7.2. Gratuities for guides, drivers, porters, camp staff, ship crew and Travel Managers are not included and are at the discretion of the client(s).
8. PRICES & ARRANGEMENTS
8.1. The tour price includes planning, handling and operational charges and is quoted based on the current rates of exchange and tariffs.
8.2. Entrance fees as part of scheduled sightseeing tours are also included in this price.
8.3. This price is subject to revision in line with significant changes in foreign currency, tariff rates, taxes etc.
9.1. It is the sole responsibility of the tour participant to have a valid passport and visa.
9.2. We strongly recommend purchasing comprehensive travel insurance (including trip delay, trip cancellation, trip interruption and baggage insurance). Health, accident and emergency evacuation insurance are also strongly recommended.
9.3. ExclusivItaly provides exclusively land services: airfare and all related services are not included in the tour price.
9.4. Items of a personal nature such as drinks, laundry, phone calls, fax charges, personal purchases – unless expressly included in writing – are not included in the tour price.
10.1. ExclusivItaly reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes.
10.2. By booking a program with ExclusivItaly client(s) agree to allow their images to be used in such photographs. Client(s) who prefer that their images will not be used, have to expressly inform ExclusivItaly and they will be exempted from this photography waiver clause.
11.1. A non-refundable deposit of 30% is required at the time of booking. The remainder of the tour cost is payable 60 days prior to the start date.
11.2. If the reservation is made within 60 days of the start date, the entire tour price must be paid at the time of confirmation.
12. PAYMENT METHOD
12.1. ExclusivItaly only accepts payments in EURO (€) currency by Bank Transfers or PayPal, prearranged between the parties. Payments with credit card are limited to the deposit, with a maximum total amount accepted of € 2.500,00.
12.2. The account details for Bank Transfers will be provided from time to time.
12.3. Client(s) are liable for all bank and related transaction charges.
13.1. All cancellations must be received in writing.
- Cancellations received between the date of booking and 60 days prior to the start date will result in the loss of the deposit.
- Cancellations received 60 – 45 days prior to the start date will be subject to an additional cancellation charge of 20% of the tour price.
- Cancellations received 44 – 30 days prior to the start date will be subject to an additional cancellation charge of 40% of the tour price.
- Cancellations received 29 days or less prior to the start date will be subject to a penalty of the entire tour price.
13.2. The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
13.3. ExclusivItaly reserves the right to charge for financial penalties, fees and losses incurred as a result of cancellation.
14. CLAIMS AND REFUNDS
14.1. Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our LIMITS ON EXCLUSIVITALY RESPONSIBILITY clause below.
14.2. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program.
14.3. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals.
15. LIMITS ON EXCLUSIVITALY RESPONSIBILITY
15.1. ExclusivItaly purchases transportation, hotel and other lodging accommodations, restaurants, ground handlings and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, ExclusivItaly is not liable for any negligent or willful act of any such person or entity or of any third person.
15.2. In addition and without limitation, ExclusivItaly is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or 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, food poisoning, mechanical or other failure of any means of transportation.
15.3. In the event of a cancellation or material alteration to the trip as a result of the circumstances as described in this clause, ExclusivItaly may in their sole and absolute discretion:
- offer the client(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances;
- make a prompt proportional refund of monies paid by the client(s).
15.4. ExclusivItaly may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
15.5. If a material alteration becomes necessary within 60 days of the departure date for any reason other than the circumstances described in this clause, ExclusivItaly will endeavor to offer comparable products or a full refund of all monies paid by the client(s).
16. TRAVELLERS’ REPRESENTATIONS
16.1. Client(s) represent(s) that neither he nor anyone traveling with him has any physical condition or disability that could create a hazard to himself or other members of the tour.
16.2. ExclusivItaly reserves the right to remove from the trip, at the sole expense of the traveler(s), anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
17. ARBITRATION AGREEMENT
17.1. Any claim arising out of or relating to these Terms and Conditions, to the Limits on ExclusivItaly’s Responsibility clause, to the brochure, to any information relating in any way to the trip, to the trip itself or to any products or services related to the trip, shall be settled in the first instance by binding arbitration in the applicable legal forum as detailed in clause no.18 of these Terms and Conditions.
17.2. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means.
17.3. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
18. APPLICABLE LAW AND FORUM
18.1. This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Italy.
18.2. It is agreed between ExclusivItaly and the client(s) that all lawsuits against ExclusivItaly arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Italy to the exclusion of the courts of or in any other country or jurisdiction.