TERMS AND CONDITIONS
1. Contract
Your contract is with Thrill Of Italy LCC. We draw your attention to the following terms and
conditions, which cover all brochures and correspondence and all bookings made with us.
Any contract with us is subject to these terms and conditions from which no person has the
authority to depart. Before making a booking with us you must ensure that you have read
and understood these booking conditions (raising any queries you may have with us). By
asking us to confirm your booking you are accepting the terms and conditions laid out
below and acknowledging that you have read the terms of this contract and agree with it.
2. Booking Procedure
Thrill Of Italy LCC will create a custom travel itinerary to suit your personal needs. A
binding contract comes into existence between us upon the receipt of any monetary
payment (either as a partial payment or in full) for that itinerary. No contract will exist
between the parties until such monies have been received.
If you are booking more than 60 days in advance of the date of travel, we require the
payment of a minimum 30% deposit at the time of booking confirmation, and the remaining
balance to be paid 60 days before the departure date. If you are booking within 60 days of
the departure date, full payment will be due at the time of booking confirmation.
If full payment is not received 60 days before the departure date, we reserve the right to
cancel your travel and apply the cancellation charges set out in paragraph 5. Cancellation
will be without penalty to us and we will have no further liability to you. If you have
provided us with your credit or debit card details, you agree that we may use such credit or
debit card details to obtain payment of any balance due by you under this agreement,
unless you have specifically notified us in writing that the credit or debit card on file is not to
be used for the payment of any outstanding balance.
The lead booking name is liable for making full payment for all persons in the booking party
and all those in the booking party agree to be bound by these terms and conditions
(including anyone added or substituted at a later stage). It is the responsibility of the lead
booking name responsible for making the booking to ensure all in their party are aware of
and have read these terms and conditions.
3. Medical Conditions and Disabilities
If you or any member of your party have any medical problem or disability that may affect
your travel, please tell us before you confirm your booking so that we can advise as to the
suitability of the chosen arrangements. In any event, you must give us full details in writing
at the time of booking to ensure that the trip is suitable for the given conditions. If full
details are not given at the time of booking, we reserve the right to cancel in accordance
with section 5 below and at no penalty to us when we become aware of these details.
4. Documentation
Please carefully read your confirmation invoice, tickets, and all other documentation we
send you as soon as you receive them. Contact us immediately if any information appears
to be incorrect as it may not be possible to make changes later. You will be responsible for
any costs and expenses involved in rectifying any inaccuracies except where we made the
mistake.
5. Cancellation by You
Cancellation of a trip must be made in writing and is effective from the date we receive the
written notification. Upon cancellation, the deposit and any amendment charges will be
forfeited. Cancellation charges are expressed at a percentage of the quoted price as
follows:
Period before departure when we receive
your written cancellation
Cancellation charge per person cancelling
More than 90 days Deposit only
61 and 90 days 50%
31 and 60 days 75%
30 days or less 100%
If the reason for cancellation is covered under the terms of your insurance policy you may
be able to reclaim these charges. Notwithstanding the above, if we have issued train
tickets to you and you choose at any time to cancel them, then we will refund solely the
amount of money we reclaim from the train company.
6. Pricing Itineraries
The price of your itinerary will be based on known costs at the date of issue of the
itinerary. 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 fuel, taxes,
hotels, tickets, credit card fees, etc, that are estimated at the date of this publication. At the
time of booking confirmation, we will provide you with a Confirmation Invoice.
Should you instruct your credit/debit card company to “charge back” any payment(s)
properly due from you in respect of your booking, we will charge you a fee of 100 € per
incident and associated costs. We further reserve the right to cancel your booking and/or
take legal action against you for all outstanding payment(s).
We reserve the right to make changes to and correct errors in advertised prices at any
time before your travel is confirmed. We will advise you of any errors of which we are
aware and of the then applicable price at the time of booking.
7. Amendments by You
If you wish to change your itinerary after a deposit has been made, we will endeavor to
make the changes required, provided that you provide a notification of the changes desired
in writing. We will charge you a fee of $100 for customer-initiated change to the booking
after receipt of payment, and additional transportation, hotel, and/or supplier fees may also
be charged. Any change made will result in the booking being re-priced at the rate in effect
at the time of the change and additional deposit or balance payments may be required to
confirm the change. A “name change” constitutes a cancellation and will be subject to the
cancellation charges set out in paragraph 5.
8. Cancellation by Us
We may cancel your confirmed travel if you fail to comply with any requirement of these
booking conditions. We also reserve the right to cancel your travel for any reason at any
time before full payment has been received.
We cannot accept liability or pay compensation where the prompt performance of our
contractual obligations is prevented or affected by, or you suffer any damage or loss as a
result of force majeure. In these booking terms and conditions, force majeure means any
event that we or the supplier of services in question could not reasonably foresee or avoid.
Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest,
industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire,
breakout of an epidemic or pandemic disease, technical problems with transport,
cancelation or amendment to any scheduled flight, closure, congestion of airports or ports,
adverse weather conditions and all similar events outside our control. 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 us.
Whilst we always endeavor to avoid changes and cancellations, we must reserve the right
to do so. If we cancel your travel for a reason not identified above, we will return to you all
monies paid after the deposit (deposit not refundable) or offer an alternative travel of a
comparable standard.
9. Amendments by Us
It is unlikely that we will have to make any changes to your travel although we reserve the
right to make changes at any time. Most of these changes are minor and we will advise
you of these in writing at the earliest possible date.
10. Limitation of Liability
To the fullest extent permitted by applicable law, the Client acknowledges and agrees
that participation in travel, tours, transportation, accommodations, activities,
excursions, dining experiences, and any other services arranged, recommended, or
facilitated by Thrill Of Italy LLC (collectively, the “Travel Services”) involves inherent
risks that cannot be eliminated regardless of the care exercised by Thrill Of Italy LLC
or its officers, directors, employees, contractors, agents, representatives, affiliates,
suppliers, or independent service providers.
The Client voluntarily assumes all risks associated with the Travel Services, whether
known or unknown, foreseeable or unforeseeable, including but not limited to risks of
personal injury, illness, disease, infection, disability, emotional distress, mental
anguish, property damage, theft, loss of personal belongings, delays, missed
connections, cancellations, acts or omissions of third parties, transportation incidents,
accidents, natural disasters, political unrest, terrorism, criminal acts, pandemics,
epidemics, weather conditions, foodborne illness, allergic reactions, medical
emergencies, hospitalization, evacuation, repatriation, permanent disability, or death.
To the fullest extent permitted by law, the Client expressly releases, waives,
discharges, and forever holds harmless Thrill Of Italy LLC and its owners, officers,
directors, employees, agents, representatives, contractors, affiliates, successors,
assigns, and all suppliers, hotels, transportation providers, guides, activity operators,
restaurants, and other independent third-party providers from any and all claims,
demands, causes of action, liabilities, damages, losses, costs, expenses, judgments,
penalties, or obligations of any kind whatsoever, whether arising in contract, tort
(including negligence), statute, equity, or otherwise, arising out of or relating in any
way to the Client’s booking, travel, participation in any itinerary, or use of any Travel
Services, regardless of whether such claims arise before, during, or after the trip.
Without limiting the foregoing, Thrill Of Italy LLC shall not be liable for any direct,
indirect, incidental, consequential, exemplary, punitive, special, or economic
damages of any kind, including but not limited to loss of enjoyment, emotional
distress, inconvenience, lost profits, lost income, lost business opportunities, medical
expenses, hospitalization costs, evacuation expenses, repatriation costs, legal fees,
property loss or damage, theft, delay, missed flights, missed connections, interruption
of travel, cancellation expenses, or any other financial or non-financial loss arising
from or related to the Travel Services.
The Client further acknowledges that Thrill Of Italy LLC acts solely as an independent
travel planner and booking intermediary for accommodations, transportation
providers, guides, restaurants, activity providers, and other independent suppliers.
Thrill Of Italy LLC neither owns nor operates these third-party services and assumes
no responsibility or liability whatsoever for their acts, omissions, negligence, willful
misconduct, financial condition, insolvency, failure to perform, bankruptcy, errors,
accidents, injuries, illnesses, property damage, delays, cancellations, or any other
event occurring in connection with services provided by such third parties.
Should Thrill Of Italy LLC nevertheless be found legally liable for any claim
notwithstanding the foregoing provisions, the Client agrees that the maximum
aggregate liability of Thrill Of Italy LLC, for all claims arising from or relating to the
booking or Travel Services, shall in no event exceed the total amount actually paid by
the Client directly to Thrill Of Italy LLC for the specific travel arrangements giving rise
to the claim. This limitation shall apply regardless of the legal theory asserted and
regardless of the number of claims or causes of action.
The Client acknowledges that the pricing of the Travel Services has been established
in reliance upon these limitations of liability, that these provisions constitute an
essential basis of the agreement between the parties, and that the Client would not
be permitted to participate in the Travel Services without agreeing to these terms.
The Client further agrees that these limitations and releases shall survive completion
of the travel, cancellation of the booking, and termination of this Agreement.
11. Our Responsibilities
Subject to clause 13 below, we accept responsibility for ensuring (i) your travel is supplied
as described in your Confirmation and any Amendment Invoices and (ii) services provided
will reach a reasonable local standard. Please note we cannot accept responsibility for
any services which do not form part of our contract. This includes for example any
additional services or facilities, which your hotel or other supplier agrees to provide for you
where the services or facilities are not advertised in our brochure and we have not agreed
to arrange them. The information contained in our brochure and website is correct to the
best of our knowledge at the time of the confirmation of your booking.
Our site descriptions and other information provided or made available in a hotel, often
refer to “other activities and excursions”, which are available in the hotel. These activities
and excursions are not run nor controlled in any way by us.
They do not form any part of your contract with us, even where we suggest or recommend particular
operators/centers/trips and assist you in booking such activities or excursions in any way.
Accordingly, we cannot accept any liability in relation to these outside activities and
excursions. Where we make or take any bookings for or from you in respect of any activity
or excursion available, we do so solely as booking agents. This is the case regardless of
whether the activity is advertised or mentioned in our brochure, resort, on our website, or
elsewhere. Your contract for any such activity or excursion will be with the supplier or
operator of that activity or excursion. We have no liability for any such activity or excursion
or for any acts or omissions of the supplier or operator or for it/their employees or agents or
any other persons connected with the activity or excursion. If we are found liable in any
respect for any such activity or excursion for example in our capacity as booking agent,
that liability is limited to the cost of the activity or excursion concerned.
Please remember that the infrastructure in the countries you are visiting may not be up to
the same standards as your country of residence. Some hotels may experience the
occasional power cut or water shortage. We will not be responsible for any injury, illness,
death, loss (for example loss of enjoyment), damage, expense, cost, or other sum or claim
of any description whatsoever that results from any of the following: a) The fault of the
persons affected or any members of their party, or b) The fault of a third party not
connected with the booking of your travel, which we could not have predicted or avoided,
or c) Force majeure and like events, or d) The fault of anyone who is not carrying out work
for us (generally or in particular) at the time of booking. This paragraph does not alter the
limitations on liability contained in clause 10 but should be read to further limit our liability to
you.
In addition, we will not be responsible where you do not enjoy your travel or suffer
problems because of a reason you did not tell us about when you booked your travel, or
where any problems you suffered did not arise from any breach of our contract, or other
fault of ourselves or where we were responsible for them, our suppliers or agents or where
any losses, expenses, costs or other sum you have suffered relate to any business.
Our suppliers, such as accommodation or transport suppliers, have their own booking
conditions or conditions of carriage, and these conditions are binding between you and the
supplier. Some of these conditions may limit or remove the relevant transport provider’s or
other supplier’s liability to you. You can get copies of such conditions from any offices of
the relevant suppliers. You should also note the carrier will rely upon its conditions of
carriage, which may limit or remove the carrier’s liability to you and limit compensation
under international conventions. We accept liability as above only if a claim is notified to us
in writing no later than one month after your return.
12. Your Responsibility
You must ensure that your travel documents, passports, visas, and vaccination certificates
are in order and that you ensure that you have taken the advice of your primary care
physician with regard to inoculations. We will offer general advice but cannot be held
responsible if you do not comply with current requirements before your departure. We do
not accept liability for any advice given of a general nature prior to the travel commencing.
You are responsible for a timely check-in for all flights and for presenting yourself to take
up all pre-booked components of your travel. No credit or refund will be given to you
should you fail to take up any component of your travel or if you lose any travel
documents. We draw your attention to the fact that there are certain inherent risks
involved in all of the travels that we supply and these must be accepted by you at your own
risk. If you wish to discuss any such risks with us we would be more than happy to provide
advice over the telephone or in writing.
13. Insurance
We strongly advise you to purchase travel insurance. You must be satisfied that your
insurance fully covers all your personal requirements including pre-existing medical
conditions, cancellation charges, medical expenses, and repatriation in the event of
accident or illness. If you choose to travel without adequate insurance cover, we will not be
liable for any losses howsoever arising, in respect of which insurance cover would
otherwise have been available.
14. Binding Arbitration
You agree that any dispute concerning, relating, or referring to this agreement, the
brochure, or any other literature concerning your trip, or the trip itself, shall be resolved
exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. 1-16,
either according to the then existing Commercial Rules of the American Arbitration
Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of
the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be
governed by substantive (but not procedural) Illinois law and will take place in Illinois. The
arbitrator and not any federal, state, or local court or agency shall have exclusive authority
to resolve any dispute relating to the interpretation, applicability, enforceability,
conscionability, or formation of this contract, including but not limited to any claim that all or
any part of this contract is void or voidable. Please understand that by agreeing to these
terms and conditions, you and we are waiving our right to a trial by jury.
15. The Law
The above booking terms and conditions together with all correspondence form part of
your contract with us. This contract and any matters arising from it shall be governed by
and interpreted in accordance with the laws of the State of illinois, USA.
1. Waiver of Claim Against Introducer
If you have been referred to us by another party (for example a travel agent) you agree to
hold them blameless and waive any and all claims against such party. Any issues you
may have must be directed to us and dealt with under the terms of our contract.
16. Problems
If you have a problem during your travel, please inform the relevant organizer (guide/hotel
manager/service provider) immediately and they will endeavor to put things right. If your
problem cannot be resolved locally you must send full details to us in writing within 28 days
of your return from travel. If you fail to follow this procedure, we will not accept liability as
we have been deprived of the opportunity to investigate and rectify the problem.
17. Miscellaneous
Any purchase of goods or services that you make while on the trip are solely at your risk,
including, without limitation, such problems as defects, failure to ship, or damage to goods
while in shipment, whether or not the purchase was made from a vendor recommended by
a guide, other person rendering trip services or any third party. You agree that if you are
injured or become ill, Thrill of Italy may, at your cost, attempt to arrange medical treatment,
evacuation, or any other emergency services on your behalf as it deems essential for my
safety and well-being but it accepts no responsibility for the quality or adequacy of any
such treatment, evacuation or services. Baggage is carried entirely at your risk. We and
your local operators of tours and/or suppliers of services reserve the right to remove
anyone from a trip without refund who acts in a manner that it considers unsafe or
inconsiderate to fellow travelers or others and/or who ignores the requests of his or her
guide(s) to act in a safe and considerate manner.
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