top of page

BOOKING AGREEMENT TERMS & CONDITIONS

These booking agreement terms and conditions (the “Terms and Conditions”) together with any other documents we give you including the terms of our Travel Providers (as defined herein), and any other documents, laws or other materials incorporated into these Terms and Conditions by reference constitute a legally binding agreement  (together, the "Agreement") between DL Services Inc. dba Mr. and Mrs. Italy, a Florida company (“Mr. & Mrs. Italy”, “we”, “us” or “our”) and you (“you”, “your” or “client”) with regard to any Travel Products offered through our website. These Terms and Conditions describe 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 notices of non-refundable payments, waivers of liability, as well as waiver of class action and venue selection and notice clauses. Please read these Terms and Conditions carefully.

​

By using our services, requesting, inquiring about or participating in Travel Products, you are agreeing to be bound by these Terms and Conditions and any additional terms and conditions of any Travel Providers that are applicable to your Trip. 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. If you do not agree with any of the Terms and Conditions, please do not access or use this website or our Planning Services.

We reserve the right to modify, revise or update these Terms and Conditions, at any time, by updating our website.  You have the obligation to review these Terms and Conditions from time to time when you access or re-access the website.  Your continued inquiries, requests, use or participation in Travel Products and the Planning Services, following a change to these Terms and Conditions, shall be deemed acceptance of the changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel.

​

I. DEFINITIONS

Capitalized terms not otherwise defined in these Terms and Conditions will have the meanings below.

​

"Trip” means the final, curated, pre-arranged experiences, including one or more Travel Products, all as listed in the final day-to-day itinerary provided by Mr. & Mrs. Italy. A Trip does not become finalized until you have confirmed your acceptance of the proposed itinerary in the Trip Plan Framework in writing and paid the requested deposits, as described herein.

​

“Trip Plan Framework” means the non-finalized, custom, detailed-overview of the proposed itinerary that we curate for you highlighting the accommodations, transportation and experiences that are options for your Trip.

​

"Trip Planning Deposit" means the flat-fee of $1,500.00 USD to be paid after completion of your initial consultation prior to us beginning to prepare your Trip Plan Framework. We reserve the right to request a higher deposit due to factors such as the size of your group, departure dates, or other complexities. The Trip Planning Deposit is non-refundable unless otherwise required by law.

​

“Planning Fees” means the percentage of the total Price that we charge and retain for designing, arranging, curating and otherwise providing the Travel Products in connection with your Trip. Planning Fees are non-refundable unless otherwise required by law.

"Planning Services" means the information, content, products or services provided or facilitated by us pursuant to these Terms and Conditions regarding our custom Trip planning for you.

​

“Price” means the total price for the Trip booked through us, including our Planning Fees, Travel Products, and all other deposits, service charges, surcharges, other mandatory fees, and taxes (except as stated otherwise). Please note that we may increase the Price under certain circumstances described below without your consent .

​

“Travel Products” means the curated components of your Trip, such as accommodations, tickets, tours, rental cars, or packages offered by Travel Providers.

​

“Travel Providers” means those third-parties who provide and fulfill the Travel Products including hotels, restaurants, tour operators, suppliers, vacation property owners and their agents and similar third parties.

​

“You” or “your” or “client” means (a) the person who requests Planning Services, Travel Products and/or a Trip, (b) the person whose name appears on a booking request form, (c) the person who confirms an itinerary, (d) all persons listed on a booking request or confirmed itinerary, and (e) any person who is added or substituted at a later date in accordance with these Terms and Conditions.

​

II. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

You represent and warrant that: (a) you have read these Terms and Conditions and agree to be bound by them (in their then current form); (b) you are at least 18 years of age (or, if different, the age of majority); (c) if you are requesting Travel Products on behalf of others, you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, the information supplied by you or members of your group is true and correct, and you are solely responsible for informing such other persons of all Terms and Conditions applicable to their travel arrangements.

​

GROUPS: In the case of a group booking, the group’s lead contact assumes the responsibility of sharing these Terms and Conditions with each member of the group, including payment of all amounts when due. It is the responsibility of each member of the group to read our Terms and Conditions in their entirety. Mr. & Mrs. Italy is not responsible for any group member’s unawareness of the Terms and Conditions due to the failure of the group’s lead contact to share this information with all other members of the group. The group’s lead contact is financially responsible for all group bookings.

​

You agree that any violation of these 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 charge your account for costs we incur as a result of such violation.

​

III. SCOPE OF OUR PLANNING SERVICES

  1. Our Role. Mr. & Mrs. Italy does not provide, own, or control the Travel Products that are offered as part of your Trip. The Travel Products are owned, controlled or made available by third party Travel Providers that are responsible for the Travel Products.  By making payment to us, you are agreeing to and understand Travel Provider’s terms and privacy policies applicable to your Trip.
     

  2. Initial Consultation. We are very excited to assist you in planning and 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, who you are traveling with, what you are dreaming of, your dates, budget, and other details. We will discuss logistics and anticipated budget.
     

  3. Trip Planning Deposit to Initiate Trip Plan Framework. Once you have your initial consultation and have confirmed your decision to move ahead with our Planning Services, the planning process for your itinerary begins. Our custom itineraries take an average of 30 hours of work to come to life. Before we begin preparing the Trip Plan Framework for your travels, we require you pay a non-refundable Trip Planning Deposit of $1,500.00 USD of which 100% will be applied towards the Price of your Trip.
     

  4. Developing Your Trip Plan Framework. We will develop the custom proposed itinerary (i.e. the Trip Plan Framework) and revise as needed. The Trip Plan Framework will be sent by email and will include a detailed proposed itinerary, the estimated Price, and a comprehensive overview highlighting the accommodations, tickets, tours, transportation and experiences of your Trip. If you agree to the proposed Trip Plan Framework, you must confirm your approval in writing and pay a non-refundable deposit representing 40% of the anticipated Price within 48 hours. Upon receipt of this 40% deposit and your agreement to the itinerary, we confirm the booking via email. The final Trip itinerary is not “confirmed” until you receive this confirmation email from us. Once confirmed, the final Trip itinerary will become a binding part of this Agreement without modification (except as permitted in these Terms and Conditions), so please be sure to make any special requests while we are working with you to develop the itinerary. The balance of the Price is due as outlined below in Section IV (Payment).
     

  5. Finalizing Bookings. Your final Trip itinerary will contain details of the Travel Products and Price of your Trip. Any items not detailed in your final Trip itinerary are not included in the Price. Trips are presented as a one-price, non-itemized final Trip itinerary based on all your accommodations, room configurations, tickets, tours, and transportation. We will not provide an itemized invoice of the Trip or Travel Products you book through our Planning Services. While we do not book airfare, we will work with you on scheduling, and we can even work around existing flight schedules.
     

  6. Accuracy of Information. You are solely responsible for the accuracy and completeness of all information you provide to us, including the names, ages, email addresses and other information we request, of all persons traveling in your party, desired dates of travel and the full details of any travel arrangements that you make yourself that may affect your Trip. We will not be responsible for any inaccurate or incomplete information you give us or for the effect of this on your final Trip itinerary. Any expenses or charges we incur in amending any final itinerary as a result of such inaccurate or incomplete information will be your sole responsibility, and we will not be responsible for any inconvenience, loss or damage you suffer as a result. You represent and warrant to us that you have the right and all necessary permissions to provide us any such information about people other than yourself.
     

  7. Special Requests; Medical Accommodations. Any special requests, requests for reasonable accommodation and/or modifications (or both) to the proposed itinerary should be made in writing (including which can be provided via email) before you confirm your itinerary. It is our goal to make sure that all trips, whenever possible, are readily accessible to and usable by individuals with disabilities. All pre-arranged trips are initially booked without any such modification or reasonable accommodation; however, if reasonable accommodations are needed and possible, we will work with you to determine what available accommodations may work. Unless and until specifically confirmed in writing by us, all special requests, accommodations and modifications are subject to availability and cannot be guaranteed.

​

​

IV. PAYMENT

​

(a) Our Price Model; Timing of Payments. Trips are presented as a one-price, non-itemized final Trip itinerary based on all your accommodations, room configurations, tickets, tours, and transportation you purchase through us. We will not provide an itemized invoice of the Travel Products or the Trip you book through our Planning Services. The Travel Products available via our Planning Services are based on the fact that reservation requests and rates for the Travel Products are only guaranteed by our Travel Providers for a limited period. Unlike larger tour companies, we do not have allotments with our Travel Providers, and all Travel Products and Trips are available only by request. Therefore, in order to secure the availability of your chosen accommodations, services and experiences, we require the following payment as follows:

​

  • (i) Deposit 1: Trip Planning Deposit: Payment of the non-refundable $1,500.00 USD Trip Planning Deposit is to be paid after completion of your initial consultation prior to preparation of your Trip Plan Framework. We reserve the right to request a higher deposit due to factors such as the size of your group, departure dates, or other complexities.
     

  • (ii) Deposit 2: of 40% of Estimated Trip Price. A non-refundable deposit representing 40% of the estimated Price becomes due upon your written approval of the Trip Plan Framework itinerary.  This deposit is used to secure the Travel Products for your Trip.​
     

  • (iii) Final Payment. The non-refundable payment of the remaining balance of the Price is due 90 days prior to the first day of your Trip. Please note travelers whose Trips are less than 3 months away may be subject to a larger deposit and alternate payment timeline. Such information will be indicated on your invoice. For immediate departures of 60 days or less, full payment of the Price is due upon booking of the final Trip itinerary.

​

(b) Price Increases. PLEASE NOTE THAT CERTAIN INCREASES IN THE TRIP PRICE DO NOT REQUIRE YOUR CONSENT, AS DESCRIBED IN THIS SECTION. Your final Trip itinerary will contain details of the good and services (i.e. in-country travel, tours, tickets, hotel rooms, etc.) included in the Price, provided, however, we are contractually prohibited from providing you the cost of each individual component.  ANY ITEMS NOT LISTED IN THE FINAL TRIP ITINERARY ARE NOT INCLUDED IN THE PRICE AND WILL BE YOUR RESPONSIBILITY. IF A TRAVEL PROVIDER BILLS US FOR GOODS AND SERVICES THAT YOU PURCHASE WHILE TRAVELING, YOU AUTHORIZE US TO CHARGE ANY SUCH AMOUNTS TO YOUR PAYMENT CARD, IF ANY, WE HAVE ON FILE FOR YOU. If we have no card on file or the submitted charges are rejected, we will issue you an invoice for such amounts, and you will pay all such amounts within the time period set forth on that invoice. Without limiting our ability to modify confirmed itineraries, including total Trip Price, as discussed in Section V (Changes and Cancellation by our Travel Providers), you acknowledge and agree that we may, WITHOUT NOTICE OR YOUR CONSENT, charge you additional amounts above the Trip Price and you will pay them.

 

(c) Method of Payment; Late Fees.  You agree to make all payments in accordance with the terms we provide to you. Payment is due on or before the date indicated on your invoice. Late payments will incur a late fee of $100.00 USD per day every day the balance due remains unpaid.  If any payment is not received by us by the indicated invoice date, Mr. & Mrs. Italy reserves the right to treat the trip as canceled by you in which case the terms of cancellation (as described in Section VI (Cancellation by You)) become applicable.

 

(d) Changes. For changes you request during your Trip, modifications (if available) will incur a fee of $100.00 USD per hour of our time required to modify your Trip as well as additional costs (if any) due to such modification.

 

(e) Credit Cards. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, you 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 or Force Majeure, as defined herein), and agree to refund policies and procedures as outlined in these 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 our Planning Fees, Trip Price, and without limitation, attorney fees.

 

(f) Currency; Exchange Rates. Mr. & Mrs. Italy quotes prices in U.S. dollars based on the exchange rates for the destination’s respective foreign currency. Exchange rates are subject to fluctuation and your bank’s transaction fees (if any). It is your responsibility to confer with your bank as to the transaction fees charged. The exchange rate is only “fixed” when full payment for your Trip is made, unless otherwise noted on your itinerary.

 

(g) 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

 

(h) Please note: Hotels in Italy impose a “City Tourist Tax,” that all guests must pay upon departure and this tax varies from city to city (approximately 3 – 10 euro per day per guest). The City Tourist Tax is not included in your Trip’s Price. This is separate from the VAT tax, which is included in your Trip Price.

 

(i) Trips planned by Mr. & Mrs. Italy do not include airfare. 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 and information. Occasionally airlines change flight schedules and may even cancel flights entirely. Mr. & Mrs. Italy’s takes no responsibility for delayed or cancelled flights, additional fees incurred for baggage, seating, etc. In the event that your flight is delayed or cancelled, Mr. & Mrs. Italy will make commercially reasonable efforts to assist you with finding possible alternate options at our hourly rates.

​

V. CHANGES AND CANCELLATION BY OUR TRAVEL PROVIDERS

 

(a) Generally. We try to avoid alterations and cancellation of final itineraries. To the maximum extent permitted by applicable laws, we reserve the right to do so as more particularly discussed in this Section V and elsewhere in these Terms and Conditions. We reserve the right to correct prices and/or substitute Travel Products, as described in these Terms and Conditions.

​

(b) Material Changes or Cancellation. Circumstances (excluding Force Majeure Events, which are discussed in Section VII below), may require us to make a material change to or cancel your confirmed itinerary or change a material component of your final itinerary prior to the Trip.  Material changes may include, without limitation, price corrections, altering/substituting Travel Products, final Trip itinerary, arrangement(s), or date(s) if it becomes necessary or advisable, and you agree to pay additional expenses required by such alternative(s), if any. We will inform you as soon as reasonably possible if a Travel Provider needs to make a significant change or cancellation. 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.

 

(c) No Refunds. Please remember that, as indicated elsewhere, in the event of a change to the Trip necessitated by factors or conditions described in this Section V, no refund can be made, nor will credit be allowed, nor refund given for any Travel Products provided in the itinerary should any such Travel Products or the Trip not be utilized. We will notify you in writing of any such changes and may issue a revised proposed itinerary for your consideration including, if applicable, a revised Trip Price.  PLEASE NOTE THAT INCREASES IN THE TRIP PRICE DO NOT REQUIRE YOUR CONSENT, AS DESCRIBED HEREIN.

 

(d)Holidays; Closings. 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 you. Such changes are deemed not to be a material change, and no compensation will be payable to you. 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.

​

VI. CANCELLATIONS MADE BY YOU

​

IF YOU NEED TO CANCEL YOUR TRIP, ALL REQUESTS FOR CANCELLATIONS MUST BE MADE IN WRITING TO MR. & MRS. ITALY AND NOT OUR TRAVEL PROVIDERS OR SUPPLIERS. Upon receipt of your cancellation request, Mr. & Mrs. Italy will follow industry procedures for any applicable refunds as outlined in the Travel Provider’s cancellation terms as well as our own cancellation policy. If you believe you are entitled to a refund from a Travel Provider, please note that the Travel Provider is responsible for this refund, not Mr. & Mrs. Italy. All Travel Providers have their own cancellation policies, which apply to your Trip (you are responsible for obtaining the applicable detailed policies of the Travel Providers by contacting Mr. & Mrs. Italy and requesting a copy if available, otherwise it will be summarized in the final Trip itinerary). You authorize us to allocate a portion of any deposits still held by us (and not yet paid to Travel Providers on your behalf) or any Travel Provider refund you might receive to pay any Travel Provider cancellation charges to fulfill your cancellation request.

In addition to the terms of our Travel Providers, our following cancellation policy applies. Deposits, Planning Fees, and payment of the Trip Price made to us are non-refundable and non-transferable. In the event of your cancellation, our general policy for cancellation charges is as follows, based upon Italy time zone (Central European Time or CET):

​

Cancellation Notice Received  -  Cancellation Charges:

  • 91 days or more from first scheduled date on final itinerary - 100% of Trip Planning Deposit; 40% of Estimated Trip Price if paid to us and booked

  • Within 90 days of first scheduled date on final itinerary (including no shows for any reserved accommodations or services) - 100% of Trip Price is non-refundable.


YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR REFUNDING DEPOSITS OR OTHER AMOUNTS PAID TO US AND/OR OUR TRAVEL PROVIDERS. YOU FURTHER AGREE NOT TO SEEK TO AVOID CREDIT CARD CHARGES (I.E., CHARGEBACKS) FOR REFUNDS OR OTHER AMOUNTS THAT YOU ARE NOT OTHERWISE ENTITLED TO RECEIVE UNDER THE TERMS OF THIS AGREEMENT.

​

Generally, Trip reservations and Travel Products cannot be refunded if they are partially used. We are not responsible for a Travel Provider’s failure to pay a refund to you. Travel Providers may choose to provide you with a travel voucher or credit in lieu of refund.  We are not responsible for a Travel Provider’s bankruptcy or insolvency. If a Travel Provider issues a refund to us on your behalf, money will be refunded to the original payor in the original form of payment. We do not refund our Planning Fees (which are calculated into the total Price).

Tours or excursions that are weather dependent may be cancelled subject to Travel Provider’s discretion and their individual cancellation policies.

​

Because we and our Travel Providers strictly adhere to this cancellation policy, we strongly recommend the purchase of travel insurance to ensure full coverage in the event of your cancellation, a cancellation by us or our Travel Providers, or Force Majeure Event as described in these Terms and Conditions.

​

VII. FORCE MAJEURE EVENTS

​

“Force Majeure Event” means any event or circumstance unanticipated by, and outside of the control of the party seeking to avoid performing its obligations under these Terms and Conditions that make it illegal or impossible for that party to perform. Force Majeure Events  include, but are not limited to, acts of God, government actions, (actual or threatened) war, political unrest, riots, civil strife, natural or nuclear disaster, fire, flood, theft, pandemics, terrorist activity, adverse weather, technical or administrative problems with transport, machinery or equipment, closure of airports,  or any other similar occurrences that in each case occur in the location to which you are traveling to. In such event, neither you nor we will be considered in breach of these Terms and Conditions (nor will you or we be liable to the other for damages) if you or we fail to perform (or timely perform) our obligations hereunder, excluding your payment obligations, to the extent such failure is caused by a Force Majeure Event. This includes damages for any component of your Trip that cannot take place due to a Force Majeure Event prohibiting one or more Travel Providers from providing their products or services to you.

If a Force Majeure Event prohibits you from attending or participating in one or more components of your Trip, we will make every reasonable effort consistent with our established practices to (i) find a suitable substitute; or (ii) if we are not able to do so, provide you (A) a pro-rata refund of any deposit still held by us (and not yet paid to the applicable Travel Provider on your behalf), and (B) any available refund or credit issued by the applicable Travel Provider (as determined solely by the applicable Travel Provider’s cancellation and force majeure policies).

​

VIII. 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 client’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 client should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov). You are responsible for making yourself aware of U.S. Department of State and other applicable governmental authorities’ warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. 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. 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.

​

IX. REQUIRED INFORMATION AND DOCUMENTATION

​

(a)Travel Documents.  Your specific passport and visa requirements as well as any other immigration requirements are your own responsibility and you must clarify this with the relevant embassies and/or consulates. We do not accept any responsibility in situations where you cannot travel because you do not meet the latest requirements.

​

(b) 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.

​

(c) Review your Itinerary. You are required to immediately review all aspects of the Trip documents to confirm all 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.

​

(d) 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.

​

(e) Aircraft 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"https://www.transportation.gov/airconsumer/spray.

 

(f) Travel Provider Terms and Conditions.  You acknowledge and agree that your use of, or participation in, certain goods and services (the Travel Products) that may comprise your Trip itinerary may be subject to separate terms, conditions, waivers or other agreements with the relevant Travel Provider. You agree to familiarize yourself with, and abide by, such agreements and acknowledge that your violation of any such agreements may result in cancellation of your booking, in you being denied access to, or participation in, the relevant good or service and you forfeiting monies paid for such bookings. Please contact us if you have questions or difficulty locating any such terms and conditions.

 

(g) Travel Protection Plan. We highly recommend the purchase of a travel protection plan including cancel for any reason coverage to help protect you and your Trip investment from unexpected events such as cancellations, delays and medical emergencies. For some destinations, valid travel insurance is required. We will not be responsible or liable if you fail to notify your insurance company of any factors affecting your particular requirements for coverage. Please read our cancellation policy above.

 

Mr. & Mrs. Italy is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Mr. & 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, you can visit SquareMouth Travel Insurance, or call 800-240-0369 and reference our Mr. & Mrs. Italy Partner ID: 22433.

 

(h) International Driver’s Permit. 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. 

 

(i) Assistance with Difficulties During Your Trip.  If you experience difficulties while on your Trip related to our Planning Services or our Travel Providers that you cannot resolve in-country or with any applicable Travel Provider, including if a Travel Provider fails to arrive or similar difficulties (other than emergency situations), please contact us so we can make every effort to assist you. Please note that we cannot assist you with passport/visa/health legal requirements or any similar issues, which are your responsibility.

​

X. DISCLAIMERS AND RELEASE OF LIABILITY

Please read this Section carefully as it limits our liability to you for many types of claims.

 

(a) Generally.  We provide Planning Services and the Travel Providers provide the Travel Products to you. You specifically acknowledge and agree to the following limitations and disclaimers of our liability. You acknowledge and agree that the disclaimers and limitations of liability in this Section and elsewhere in this Agreement are a material part of the bargain between us and that we would not be able to offer you the Planning Services we provide, arrange your trips or undertake our obligations in this Agreement in the same manner and for the prices we offer without them.

 

(b) Disclaimer of Liability. To the maximum extent permitted by applicable laws, you, for yourself, and any minors traveling with you, and on behalf of yours 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 (the “RELEASEES”), from any and all claims, demands, losses, causes of action, suits, damages, fines, penalties, costs and expenses of any kind, and liability (“Claims”) arising out of or related to:

​

  1. your act(s) and/or omission(s) or those of any member(s) of your party, including (A) your breach of this Agreement; (B) your failure to comply with applicable laws; and/or (C) your negligence, gross negligence or willful misconduct of any kind;

  2. any such Travel Products that the Travel Providers make available to you;

  3. the act(s) and/or omission(s) of a third party, including our Travel Providers or any other third-party (including any Travel Providers, suppliers or vendors you may book with directly that affect your trip); and/or

  4. a Force Majeure Event.

​

As indicated above, we are not providing you the transportation, accommodations or other services that make up your Trip; our Travel Providers are responsible for those components. Our sole obligations to you are to provide our Trip planning and curating services, to act as your agent in booking components of confirmed itineraries, and to take reasonable care in the selection of Travel Providers, all in accordance with these Terms and Conditions.

​

You acknowledge and agree that we neither own nor control the Travel Providers that provide the Travel Products, transportation, accommodations or other goods and services that comprise your chosen Trip itinerary.  These goods and services are provided by third parties that are independent from and in no way affiliated with us.  Therefore, to the maximum extent permitted by applicable Laws, we disclaim any and all liability or responsibility for the actions or failures to act of any TRAVEL PROVIDERS and their employees and contractors.

 

(c) Limitation of Liability.  IF, REGARDLESS OF THE FOREGOING WE ARE FOUND LIABLE TO YOU FOR ANY CLAIMS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, OUR LIABILITY TO YOU WILL BE LIMITED AS FOLLOWS:

 

      1. WE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY CLAIM, WHETHER ARISING IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF DAMAGES, AND WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE OR LIKELY AND WHETHER OR NOT ARISING FROM OUR ORDINARY NEGLIGENCE;

 

      1. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES CLAIMED FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND, REGARDLESS OF HOW CAUSED OR OCCASIONED, EXCEPT OUR INTENTIONAL AND WILLFUL ACTS; AND

 

      1. YOUR DAMAGES FOR ANY AND ALL CLAIMS WILL BE LIMITED TO THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD $100.00) (B) THAT PORTION OF THE TOTAL TRIP PRICE ATTRIBUTABLE TO THE TRAVEL PRODUCT, ACTIVITY OR AMENITY THAT HAS GIVEN RISE TO YOUR CLAIM.

 

(d) Survival of Limitations. You specifically acknowledge and agree that the foregoing limitations, in particular the limitation recited in subsection (c) will survive even if any remedy fails in its essential purpose.

 

XI. INDEMNITY

You agree to defend, indemnify and hold harmless Mr. & Mrs. Italy and our affiliates, parent companies and subsidiaries and any such entities’ officers, directors, contractors, employees and agents (collectively, “Indemnitees”) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, caused by or resulting from or incidental to your actions, including: (a) your breach of this Agreement; (b) your negligence, gross negligence, or willful misconduct and your violation of applicable laws; or (c) your use of our Planning Services, the Travel Products, and the Trip itself to the extent such Losses are no caused by the gross negligence or willful misconduct of Indemnitees.

 

XII. 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 Florida, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Palm Beach County. 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. 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.

 

XIII. PRIVACY

We are committed to the privacy, confidentiality, and security of personal information entrusted to us. Please review our current privacy, which also governs you use of our Planning Services and is incorporated by reference into these Terms and Conditions, to understand our practices.

 

XIV. ENTIRE AGREEMENT/SEVERABILITY/WAIVER

These Terms and Conditions, your itinerary, invoices and any other documents we provide you constitute the entire agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Mr. & Mrs. Italy. If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Neither party’s failure to enforce or insist on enforcement of any term or condition hereunder will not constitute a waiver of any claim such party may have with regard to such term or condition or any other.

bottom of page