IMAGING IN ITALY TOUR AGREEMENT
1. GROUP SIZE AND COSTS.
Imaging In Italy Tours will accommodate private groups of up to four (4) Clients or fewer. All tour packages are priced for groups composed of 1-4 Clients. Larger groups of Clients may incur increased costs. Imaging In Italy Tours will explain such costs to the Clients well in advance of the tour.
(a) Hotels – Imaging In Italy Tours will select the hotel(s) for the multi-day tours when the tour fee includes a hotel. Prior to the departure, Imaging In Italy Tours will provide the Client with the hotel information, including the name, location, and telephone number of the hotel. In advance of the tour, the Client will inform Imaging In Italy Tours whether he or she prefers shared rooms or a single room. If the client prefers to share a room with another tour member and/or the tour guide, Imaging In Italy Tours will use its best efforts to make a compatible shared room assignment for the Client. The Client shall inform Imaging In Italy Tours if the Client has any special needs, including a smoking or non-smoking room. If the Client expresses no preference within a reasonable time before the tour, Imaging In Italy Tours will assign the Client to either a shared or a single room at Imaging In Italy Tours’ discretion. If a single room is assigned to the Client for any reason, including, but not limited to, a roommate’s cancellation and incompatibility (even during the tour), the Client will be responsible for the cost of the single room.
(b) Travel – Imaging In Italy Tours will select and make ground transportation arrangements for the Client when transportation is included in the tour fee. Upon request from the Client, Imaging In Italy Tours will provide the Client with detailed information about the travel arrangements.
3. AIR CONDITIONING/HEATING.
The air conditioning systems in Italy, when available, typically do not meet United States standards. If the Client has special requirements regarding air conditioning, the Client must alert Imaging In Italy Tours to those requirements well in advance of the tour. Heat, when needed (most often during our late fall and winter tours), is available in Italian hotels. Imaging In Italy Tours will not be responsible for any damages or discomfort caused by inadequate heating and/or air-conditioning in any hotel or other accommodation used by the Client on the tour.
Imaging In Italy Tours, in its discretion, may substitute portions of the tour, including, but not limited to, sightseeing, hotels, and restaurants, prior to, and during, the tour. Imaging In Italy Tours will fully explain such substitutions to the Client as such substitutions become known to Imaging In Italy Tours.
5. HOLIDAYS AND CHANGES.
During local or national holidays abroad, some facilities, such as museums and shops, may close or operate on limited schedules. On such occasions, Imaging In Italy Tours may make itinerary adjustments to minimize inconvenience to the Client. Imaging In Italy Tours will inform the Client well in advance of the departure date if any such adjustments need to be made.
As of January 2005, smoking is no longer permitted in most restaurants, interiors of cafes, bars, and some public buildings in Italy. Smoking is also prohibited in taxis, trains, boats, and private minibuses used during day tours and travel to/from airports and train stations. Many hotels have smoking rooms, private balconies, and public outdoor terraces available for smoking. The Client is responsible for complying with all applicable smoking laws.
7. TRAVEL DOCUMENTS & IMMUNIZATION
If the Client is a United States citizen, the Client will be required to present a valid passport upon entry to, and departure from, Italy. If the Client is not a United States citizen, the Client will be required to comply with the laws and rules of all applicable government agencies. If the Client has questions about Non-Resident (US) cards or any other questions related to travel documents, such questions should be directed to Imaging In Italy Tours at least two months before the tour. As of the date of this Agreement, no vaccinations are required for travel to Italy.
8. TRAVEL INSURANCE.
Imaging In Italy Tours STRONGLY encourages the Client to carry Travel Insurance for the tour. Imaging In Italy Tours recommends that the Client consider using AAA Travel for a complete and thorough comparison of coverage available. Imaging In Italy Tours warns the Client that insurance carriers require travelers to purchase policies within a limited period of time from payment of the first deposit. The Client will be solely responsible for arranging travel insurance, and Imaging In Italy Tours will not be liable for any damages or deficiencies in the Client’s travel insurance coverage.
9. PRICES & PAYMENTS.
The Client must make a non-refundable deposit of 25% of the tour fee to Imaging In Italy Tours in order to hold a space for a specific tour. FULL PAYMENT is required no later than 15 days prior to the departure date. If the Client joins a tour fewer than 15 days prior to the departure date, the Client must make the Full Payment to hold a space. The amount of the Full Payment will be based on the expenses associated with the Client’s unique tour. Imaging In Italy Tours will disclose the amount of the Full Payment and the date such payment is due well in advance of the date such payment is due.
10. REFUND POLICY.
(a) Cancellation by Imaging In Italy Tours – Except as otherwise provided herein, in the event that Imaging In Italy Tours must cancel a tour, Imaging In Italy Tours will give the Client a full refund of the entire tour fee or the deposit, whichever is less. Trip insurance is recommended.
Imaging In Italy Tours reserves the right to substitute the tour’s guide/photographer with a suitable replacement in the rare case of emergency such as, but not limited to medical illness or death. In such cases, with a suitable replacement, the trip will continue forward as planned. (N.B. To date, this has never happened).
(b) Cancellation Due to War or Natural Disaster – In the event that the tour must be cancelled due to war or natural disaster in Italy and/or its vicinity, Imaging In Italy Tours will refund all payments the Client has made, except the costs of any nonrefundable hotel, air, or ground transportation tickets already purchased by Imaging In Italy Tours for the Client. Trip insurance is recommended.
(c) Cancellation by Client – If the Client cancels for any reason, including, but not limited to, the refusal or inability to pay the Full Price of the tour, after having placed a deposit and/or other payments with Imaging In Italy Tours, the Client will incur cancellation charges as follows:
11. ARRIVING EARLY OR STAYING LATE.
The Client agrees to inform Imaging In Italy Tours well in advance of the tour of his or her plans to arrive in Europe before the tour, and/or remain after the termination of the tour so that Imaging In Italy Tours can make arrangements supporting the Client’s early arrival and/or late departure. All costs associated with the additional arrangements, including but not limited to the costs of additional hotel stays, train tickets, and meals, will be the sole responsibility of the Client.
12. CLIENTS NEEDING SPECIAL ASSISTANCE.
The Client agrees to notify Imaging In Italy Tours well in advance of the tour of any physical challenges or other special needs that may require accommodation or support arrangements on the tour. Imaging In Italy Tours will use its best efforts to make accommodations for Clients with special needs, but if such accommodations cannot reasonably be made, Imaging In Italy Tours will refund the Client’s deposit/payments according the Cancellation Policy mentioned above.
13. MEDICATION AND MEDICAL NEEDS.
The Client is responsible for bringing and/or purchasing any needed medical supplies. Imaging In Italy Tours is not responsible for the purchase of any Client medications.
If, due to weather, flight schedule changes / cancellations or other uncontrollable factors, the Client is required to spend any additional night(s) en route to, or from, the Client’s gateway city, the Client will be responsible for his or her own hotel, transfers, meals, and other costs.
Imaging In Italy Tours does not own or operate the entities that provide goods and services during the tour. This includes, but is not limited to, lodging facilities, airline, guide services (from third party organizations), train, or other transport companies. All such entities are independent organizations. Imaging In Italy Tours is not liable for any negligent or willful act or failure to act of any such person or entity, or of any third party.
In addition and without limitation, Imaging In Italy Tours is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services, whether resulting from, but not limited to, acts of God, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, third party (including Client) negligence, recklessness, or intentional misconduct, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time.
Imaging In Italy Tours’ goal is to provide a unique, enjoyable, personal travel experience for each Client. However, if, after the Client has returned to the United States, the Client believes that he or she did not receive the service and support he or she expected from Imaging In Italy Tours, Imaging In Italy Tours, will refund an appropriately proportional percentage of the cost of the Client’s tour. If the Parties cannot agree on appropriately proportional percentage, they shall submit their dispute to Arbitration as set forth below.
Any controversy or claim arising out of or relating in any way to this Agreement will be subject to Arbitration in the State of Washington. A separate Arbitration Agreement will be executed by the Parties simultaneously with this Agreement.
17. PARTIAL INVALIDITY.
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect.
18. MODIFICATIONS AND WAIVER.
The parties acknowledge that this Agreement shall not be subject to change or modification except by the execution of another instrument in writing, subscribed to by the parties hereto.
19. STATE LAW.
The parties agree that this Agreement shall be construed and applied according to the laws of the State Washington.
20. ENTIRE AGREEMENT.
The foregoing contains the entire agreement between the parties, and there are no other understandings or agreements (other than the Arbitration Agreement) between them.
Signature ___________________________ Signature___________________________
Print Name _________________________ Print Name _________________________
IMAGING IN ITALY TOURS:
Printed Name: ANTHONY A. BOCCACCIO
All disputes, claims, and questions regarding the rights and obligations of Imaging In Italy Tours and the Client, including those rights and obligations arising under the Tour Agreement, are subject to arbitration in the State of Washington. In case of dispute, either party may make a demand for arbitration by filing such demand in writing with the other party. The demand will be made within 90 days after the dispute first arises. No one will act as an arbitrator who is in any way financially interested in the work or the business affairs of either party. The arbitrator will act in compliance with the rules of the American Arbitration Association, existent at the time of the arbitration. Should either the Client or Imaging In Italy Tours refuse or neglect to appoint an arbitrator or to furnish the arbitrator with any necessary papers or information, the arbitrator is empowered by both parties to proceed ex parte. The decision of the arbitrator will be a condition precedent to any right of legal action that either party may have against the other. The arbitrator will fix his or her own compensation, unless otherwise agreed on or otherwise determined by the rules of the American Arbitration Association, and, except as otherwise provided, will assess the costs and charges of the arbitration on either or both parties, equally. The arbitrator is authorized to award to the party whose contention is upheld such sums as he or she deems proper for the time, expense, and trouble incident to the appeal, including the costs and charges of the arbitration. No tour will be interrupted or delayed during any arbitration proceeding except on written agreement signed by both parties.
Signature ______________________ Signature _________________________
Print Name _____________________Print Name _______________________
IMAGING IN ITALY TOURS:
Printed Name: ANTHONY A. BOCCACCIO