BOOKING AGREEMENT TERMS & CONDITIONS
The terms "we", "us" and "our" and “Mr. & Mrs. Italy” refer to Mr. & Mrs. Italy, a Georgia company. The term "you", “client” refers to customer visiting our website, or booking a trip through us.
These terms and conditions (Terms and Conditions) together with any other documents we give you, and the terms of our Travel Providers (the "Agreement") describes what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. Please read these Terms and Conditions carefully. If you do not agree with any of the terms, you must speak to us before booking a trip with us.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
Having accepted these Terms and Conditions by continuing with our services, you are consenting to be bound by these Terms and Conditions on behalf of any client in your party. By using our services, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Travel Providers that are applicable to your travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due, and cancellation terms.
GROUPS: In the case of a group booking, the lead client assumes the responsibility of sharing these Terms and Conditions with each client in their group, including payment of all amounts when due. It is the responsibility of each client to read our Terms and Conditions in its entirety. Mr. & Mrs. Italy is not responsible for any client’s unawareness of the Terms and Conditions due to the failure of the lead client to share this information with all other clients in their group. The group leader is financially responsible for all group bookings.
'You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all Terms and Conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make trip reservations.
I. CHANGES TO TERMS AND CONDITIONS
You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. You agree to be bound by the Terms and Conditions that are in effect at the time of travel. Continuing to use our services after notice of material changes constitutes your acceptance to such changes.
II. SCOPE OF SERVICES
Mr. and Mrs. Italy does not provide, own, or control the travel products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) such as airlines, hotels, suppliers, and tour operators. The Travel Providers are responsible for the Travel Products. By making payment to The Travel Provider’s, you are agreeing to and understand Travel Provider’s terms and privacy policies applicable to your trip.
III. COVID-19 RELEASE
The client expressly acknowledges that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which your vacation will take place.
IV. WORLDWIDE PANDEMIC INHERENT RISK OF TRAVELING
You acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. You acknowledge that COVID-19 has made travel uncertain due to government closures and travel restrictions. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). You also understand that if you are older or have underlying conditions, you may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Mr. & Mrs. Italy.
V. EXPOSURE PERSONAL LIABILITY
By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip.
VI.UNCERTAINTY OF TRAVEL CHANGE
You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Mr. & Mrs. Italy to provide these details. You understand that you may become sick before, during or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Mr. & Mrs. Italy has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Mr. & Mrs. Italy shall not be liable to any losses howsoever arising.
VII. RE LEASE ALL LIABILITY
You, for yourself, and any minors traveling with you, and on behalf of my and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Mr. & Mrs. Italy, its officers, agents, and/or employees, suppliers, and other participants (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
PLANNING AND BOOKING
We are very excited to assist you in booking your dream trip to Italy. The first step in the process is our initial free consultation. This telephone consultation helps us understand who you are, what you are dreaming, your dates, budget, and other details. While we do not book airfare, we will work with you on scheduling, and we can even work around existing flight schedules. Once you have decided to move ahead with our services, the planning process begins.
Our custom itineraries take an average of 30 hours of work to come to life. Thus, following approval of your proposed itinerary, we require a non-refundable Planning Fee, in order to commence the itinerary booking process. This payment goes towards the overall cost of your trip. After any desired changes are made to the preliminary, we will book all services and you will receive your detailed Handcrafted Itinerary.
I. WHAT IS INCLUDED
Your confirmed itinerary will contain details of what is included in the price of your trip. Any items not detailed are not included in the price. Trips are presented as a one-price, non-itemized package: a complete itinerary based on all your accommodations, room configurations, tickets, tours, and transportation. Please note that your international airfare is not part of the package price.
From ongoing support to hot tips about hidden gems, our services encompass far more than reservations. Here is all that is included within your itinerary budget:
All accommodations, selected from our carefully vetted partnerships developed over decades in the industry.
Breakfast each morning.
Handpicked cultural experiences, site visits, skip the line tickets.
Comprehensive domestic transportation, including private transfers, train tickets, and/or rental car, insurance included.
Personalized location guides and recommendations for each place you visit.
On the ground support and contact information.
Comprehensive reconfirmation with all partners prior to your departure.
Lunch and dinner reservations.
Please note: Italy hotels have a “City Tourist Tax,” that all guests must pay upon departure and varies from city to city; approximately 3 – 10 euro per day. This is separate from the VAT tax, which is included in the total cost of your itinerary.
II. CHANGES TO THE ITINERARY
The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of Mr. & Mrs. Italy no refund can be made, nor will credit be allowed, or refund given for any services provided in the itinerary should any such services not be utilized. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each client agrees to pay additional expenses required by such alternative(s), if any.
Our policies are based on the fact that reservation requests and rates are only guaranteed by our partners for a limited period. Unlike larger tour companies, we do not have allotments with our vendors, and all of our reservations are by request. Therefore, in order to secure the availability of your chosen accommodations, services and experiences, we require the following payment:
A 40% deposit becomes due upon approval of the Italy Trip Framework proposal. This deposit is used to secure accommodations.
The remaining balance is due 90 days prior to departure. For immediate departures of 60 days or less, full payment is due upon comprehensive proposal.
You must make all payments in accordance with the terms provided. Final payment is due as communicated or indicated on the invoice. Late payments will incur a late fee of $100 per day every day the balance due remains unpaid. If any payment is not paid by the stipulated date, Mr. & Mrs. Italy reserves the right to treat the trip as canceled by you in which case the terms of cancellation become applicable.
After acceptance of the proposal, any changes requested by you may result in a service fee. For changes requested during your trip, modifications (if available) will incur a fee of $100/hour.
** Please note travelers whose trips are less than 3 months away may be subject to a larger deposit and alternate payment timeline.
You must make all payments in accordance with the terms we give you. Final payment is due as communicated or indicated on the invoice. If any payment is not paid by the stipulated date, Mr. & Mrs. Italy reserves the right to treat the trip as canceled by you in which case the terms of cancellation become applicable.
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, clients must provide to us a signed or written charge authorization agreement or click authorization for your trip transaction. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in the terms and conditions. In the event a client attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of Mr. & Mrs. Italy, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including trip planning fee, without limitation, attorney fees.
Mr. & Mrs. Italy quotes prices based on the exchange rates for the destination’s respective foreign currency. Exchange rates are subject to fluctuation and client’s bank transaction fees. It is the responsibility of the client to confer with their respective bank as to the total fees charged. The exchange rate is only fixed when full payment is made, unless otherwise noted on Client’s itinerary.
Any price that Mr. & Mrs. Italy quotes is subject to change without notice until full payment is made, unless guaranteed in writing with a specific expiration date.
Your Mr. And Mrs. Italy tour does not include airfare. Therefore, you are subject to all of the Air Carrier’s terms and conditions including additional fees and cancellation. Due to continual changes in airline policies it is suggested that you inquire with your airline's website for up-to-date fees & information. Mr. & Mrs. Italy is NOT responsible for additional fees incurred for baggage, seating, etc.
IV. CANCELLATION POLICY
As described above, planning your trip takes extensive time and research and Mr. & Mrs. Italy may be required to pay all Travel Providers well in advance of your vacation date. All Travel Providers have their own change and cancellation policies, which apply to your trip. Upon inquiry, you will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but Mr. & Mrs. Italy is not responsible for this policy distribution. Clients are responsible for obtaining the applicable detailed policies by contacting Mr. & Mrs. Italy and requesting a copy (if available, otherwise it will be summarized in the proposal). All cancellations must be received by Mr. & Mrs. Italy in writing.
Upon receipt of your cancellation request, Mr. &Mrs. Italy will follow industry procedures for any applicable refunds as outlined in the Travel Provider’s terms and subject to their review. If you are entitled to a refund, please note that the Travel Provider is responsible for this refund, not Mr. & Mrs. Italy.
Generally, any trip reservation cannot be refunded if they are partially used. We are not responsible for a Travel Provider’s failure to pay a refund. Travel Providers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Travel Provider’s bankruptcy or insolvency Money will be refunded to the original payor in the original form of payment.
In addition to the terms of our Travel Providers, the following terms apply:
The initial and secondary deposits are non-refundable and non-transferable. In the event of cancellation, our general policy is as follows, based upon Italy time zone:
Prior to 90 days to departure, 50% of trip cost refundable
Less than 90 days prior to departure, 100% of trip cost non-refundable.
No show for any reserved accommodations or services, 100% non-refundable.
Tours or excursions that are weather dependent may be cancelled subject to vendor’s discretion and their individual cancellation policies.
Because we and our suppliers strictly adhere to our cancellation policy, we strongly recommend the purchase of travel insurance to ensure full coverage in the event of any unforeseen circumstances.
V. FORCE MAJEURE
Mr. & Mrs. Italy and our partners are not liable for any damage and/or delay due to "Force Majeure Events" including, but not limited to, acts of God, governments actions, war, hostilities, political unrest, riots, civil strife, industrial disputes, labor dispute, strike, natural or nuclear disaster, fire, theft, epidemics, pandemics, sickness, equipment malfunctions or breakdowns, weather, quarantine, medical or customs regulations, technical or administrative problems with transport, closure of airports, breakdown of machinery, water shortages or any other similar occurrences beyond Mr. & Mrs. Italy’s control. Italy shall not be responsible for any additional expense, omissions, delays, re-routing or acts of any governmental authority. In the event of a Force Majeure Event, no refund will be provided.
VI. CHANGES AND CANCELLATION BY THE TRAVEL PROVIDER
We will inform you as soon as reasonably possible if the Travel Provider or tour operator needs to make a significant change to your trip or to cancel. We will also liaise between you and the Travel Provider in relation to any alternative arrangements offered by the Travel Provider but we will have no further liability to you.
During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Travel Providers seeking to reduce inconvenience to clients. Such changes are deemed not to be a major change, and no compensation will be payable to clients. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
VII. AIRLINE SCHEDULE CHANGES AND CANCELLATIONS
Occasionally airlines change flight schedules & may even cancel flights entirely. These changes are beyond Mr. & Mrs. Italy’s control. In the event that such a situation occurs, Mr. & Mrs. Italy will do it’s very best to assist you with finding best possible alternate option(s). If the flight time change is minor (2 hours or less) the airline will automatically make the change (airline policies/rules entitle them to legally do so). Mr. & Mrs. Italy is NOT responsible for any additional costs or fees imposed by the airlines.
VIII. COVID 19 TRAVEL PLANNING EXCEPTIONS
Due to the unprecedented situation of Coronavirus, we have implemented a new program, so you can plan your Italy trip with peace of mind.
We are offering our travelers the option for a one-time itinerary amendment at no penalty. Travelers who decide to amend, revise or reschedule their itinerary should consider the following:
The choice to amend travel plans, including your Itinerary and/or international flights are at your sole discretion.
The ability to secure satisfactory changes or dates, pricing, your current properties or other plans, availability, terms and conditions, and other matters are not guaranteed.
Comprehensive amendments may result in changes to some or all of your current itinerary, including pricing.
Comprehensive itinerary rescheduling must take place within 18 months of the original date of travel or itinerary will be considered cancelled.
We suggest you do not change your flight itinerary until we can confirm your itinerary amendments, revisions or schedule.
I. REVIEW ALL DOCUMENTS
Once payment for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections. Client(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions.
II. RE-CONFIRM YOUR FLIGHT
Mr. & Mrs. Italy advises you personally to reconfirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. Mr. & Mrs Italy is not responsible for changes that may occur with regard to flight departure time.
III. TRAVEL PROTECTION PLAN
We highly recommend the purchase of a travel protection plan including cancel for any reason coverage. Such insurance at a minimum should cover, unforeseen events such as flight delays, baggage loss, or even an unexpected sickness or injury that could impact your travel plans. We recommend that you purchase a travel protection plan that offers full comprehensive coverage for:
Cancel for Any Reason
Baggage Delay and more.
Mr. & Mrs. Italy is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Mr. and Mrs. Italy cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, it is advised to call your insurer or your insurance agent or broker. We work with SquareMouth Travel Insurance,
but there are other companies that offer similar services. For more information, we suggest you visit SquareMouth Travel Insurance, or call 800-240-0369 and reference our Mr. & Mrs. Italy Partner ID: 22433.
Certain countries and certain suppliers have a requirement for foreign visitors to have valid medical insurance on entry. Mr. & Mrs. Italy cannot be held responsible for denied entry if a client is unable to provide details to authorities of insurance or denial of entry for any reason.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
IV. RENTAL CAR DRIVERS LICENSE
Should your itinerary include a rental car, an International Driver's Permit is required, and is made easily available through the Automobile Club of America AAA.
V. DESTINATION RISKS AND ADVISORIES
Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism and warfare. Because each guest’s risk tolerance is different, Mr. & Mrs. Italy is not in a position to advise or recommend whether travel to any particular place at any particular time should take place. It is recommended that the guest should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov). In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Mr. & Mrs. Italy will not be liable for damages or losses that result from travel to such destinations.
VI. REQUIRED INFORMATION AND DOCUMENTATION
You and any minors traveling with you Internationally must be in possession of a machine-readable passport valid for 6 months after your trip return date (or per specific Country requirements) along with applicable visas and entry requirements. Some airlines will not allow you to board if these requirements are not met. For information about passport requirements you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html.
It is your sole responsibility to secure, carry, and/or pay for any and all documentation, visas, reciprocity fees, affidavits, immunizations, vaccinations etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Mr. & Mrs. Italy bears no responsibility for such documentation and will not be responsible for advising and/or obtaining required travel documentation for you, unless requested at an additional fee, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Clients are required to immediately review all aspects of their trip documents to verify the following (but not limited to): all clients’ names, passport details, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your trip documentation.
Visas: Some countries require visas to enter. Some countries require that your passport have two to four blank visa/stamp pages. Without a valid visa, you may be denied entry into the country. You can find out if you need a visa by visiting the embassy website of the country you'll be traveling to. Although you can always contact us with questions, it is your responsibility to ensure you have all the proper travel documents, to include your visa(s).
Children Traveling with One Parent, or Someone Who is Not a Parent/Legal Guardian, or Children Traveling in a Group: Foreign border officials may require custody documents and/or notarized written consent from the other parent/both parents not traveling with the child. Requirements vary by country, so if this applies to anyone in your traveling party, please research the requirements and leave prepared.
Official Identification: When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and trip records. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification. Client is required to verify the accuracy of every clients’ LEGAL first & last names. It is mandatory that client names be identical to the LEGAL first and last names and identical to the names as they appear on your trip documents.
Health: Recommended inoculations and vaccinations for travel may change and you should consult your medical provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
Disinsection: Most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture, or environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information you can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.
VII. RELEASE OF LIABILITY
Client hereby understands, acknowledges, and agrees that Mr. & Mrs. Italy, its owners, officers, members, employees, agents, representatives, affiliates, vendors, and independent contractors (collectively “Mr. & Mrs. Italy”) does not own or operate any entity which is to or does provide goods or services for the Trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors that Mr. & Mrs. Italy works with as such. Client therefore release and hold harmless Mr. & Mrs. Italy, its owners, officers, members, employees, agents, affiliates, and vendors for any negligent or willful act or failure to act of any such person or entity, or of any other third party, and you agree to and shall not make any claims against Mr. & Mrs. Italy for any such actions or omission by Mr. & Mrs. Italy or any such third parties. Without limitation, Mr. & Mrs. Italy is not responsible for any injury, loss, or damage to your person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics, pandemics, or the threat thereof or for any other cause beyond the reasonable control of Mr. & Mrs. Italy. Mr. & Mrs. Italy reserves the right to change hotels, the itinerary, or other features of the Trip if Mr. & Mrs. Italy believes it will enhance the safety, comfort or enjoyment of the Trip for you and the other participants, but in each case, if feasible, with Client’s prior consent.
VIII. ASSUMPTION OF RISK/WAIVER
Client is aware that travel such as client is undertaking on the Trip may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; client’s own negligence and/or the negligence of others, including tour guides, other guests, Mr. & Mrs. Italy, and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, client is willing to accept the risks and uncertainty involved as being an integral part of travel. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Mr. & Mrs. Italy and agrees to and shall hold harmless and fully release Mr. & Mrs. Italy from any and all claims associated with the trip, including any claims of third party negligence and you hereby covenant not to sue Mr. & Mrs. Italy for any such claims or join any lawsuit or action that is suing Mr. & Mrs. Italy. This agreement also binds your heirs, legal representatives and assigns.
IX. JURISDICTION AND POST-TOUR CLAIMS
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of conflict or choice of law rules. Any claims shall be brought in a court located in Georgia. You agree that you will only bring claims against Mr. & Mrs. Italy in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Mr. & Mrs. Italy shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Mr. & Mrs. Italy unless you have first provided a written notice of claim to Mr. & Mrs. Italy within 30 days after the tour or cancellation of the tour.
X. ENTIRE AGREEMENT/SEVERABILITY
This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Mr. & Mrs. Italy. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.