Tuscany Tours Terms and Conditions and Release of Liability
Please read these Tuscany Tours Terms and Conditions and Release of Liability (the "Terms") carefully. The Terms serve as your contract for all services provided to you, a tour or travel participant (Participant) by The Contrada Corp. a corporation duly organized and in good standing under the laws of the State of California, with its registered address at 120 Fourth Street, Suite 1071, Petaluma, California 94953, and doing business as Tuscany Tours (Tuscany Tours). Participation in any services offered by Tuscany Tours and/or its agents or suppliers constitutes consent on your behalf, tour or travel participant and agreement to the terms specified below.
Liability Waiver and Limitation, Assumption of Risk
As organizers of tours and travel services, Tuscany Tours often acts as an agent for "Suppliers" in making reservations for services not supplied directly by Tuscany Tours. Such Supplier services may include tour guides, meals, lodging, ground transportation, etc. ("travel services"). Tuscany Tours will not be responsible for any Supplier failure to comply with any laws, breach of contract, or any negligent or intentional actions or omissions which have as a result any injury, loss, delay, damage or inconvenience to you, the participant, in any tours or other services provided directly or indirectly by Tuscany Tours.
Additionally, Tuscany Tours will not be responsible for any losses, damages or injury caused to any Tuscany Tours tour or travel services participant because of any reasons beyond the control of Tuscany Tours, including but not limited to, acts of God, public enemy, war, social unrest, labor strikes or disputes, terrorist activity, fire, flood, explosion, riot, unavailability of equipment, any act or order of any governmental authority or agency or instrumentality thereof, bad weather, mechanical failures or problems, diseases, unforeseen developments, actions, and any other causes, events or conditions outside of Tuscany Tours control.
Tour and travel services participants agree to voluntarily assume all risks involved with their personal travel, whether foreseeable or unforeseeable. These risks include, but are not limited to, medical disruptions and the participant being unable to begin, continue or complete travel because of a personal or medical emergency. Participants agree that in the case of injury or illness Tuscany Tours may, but shall not be obligated to, at a cost to the participant, arrange medical treatment and emergency evacuation services, as Tuscany Tours deems essential for the participant's safety.
Tuscany Tours reserves the right to cancel tours and services at any time. In the case of a cancelled tour or other service, the only responsibility of Tuscany Tours to the tour or service participants will be to refund the cost of the tour or service (minus any billable costs and fees for services already rendered) to the tour participants.
Unless Tuscany Tours' cancellation or actions or omissions are the product of Tuscany Tours' gross negligence or willful misconduct, in no event shall Tuscany Tours or Contrada Corp., their shareholders, quotaholders or members, officers, directors, employees, affiliates, contractors, or agents (the "Indemnified Parties") be liable for any loss or damages caused by, or due to any interruption or cancellation of tours or services, including but not limited to any direct, special, incidental, exemplary, punitive, or consequential damages (including, but not limited to, damages for loss of revenue or for downtime, or additional economic claims and costs), any indirect losses or damages whether or not forseeable and any other liabilities, obligations, rights, claims, or remedies in tort, even if the Indemnified Parties have been advised of the possibility of such damages occurring: except in instances of gross negligence or willful misconduct of Tuscany Tours.
IN THE EVENT OF CANCELLATION OR INTERRUPTION OF TOURS OR SERVICES, THE MAXIMUM LIABILITY OF TUSCANY TOURS OR CONTRADA CORP, AND ITS, SHAREHOLDERS, QUOTAHOLDERS OR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS (THE "INDEMNIFIED PARTIES") WILL BE LIMITED TO A FULL REFUND OF MONIES PAID TO TUSCANY TOURS BY THE PROSPECTIVE TOUR PARTICIPANT OR SERVICES BENEFICIARY (THE "MAXIMUM LIABILITY") AND THERE SHALL BE NO OTHER WARRANTIES TO THE PARTICIPANTS, WHETHER EXPRESSED OR IMPLIED, IN THE EVENT OF TOUR OR SERVICES CANCELLATION OR INTERRUPTION.
Release and Indemnification
You hereby agree to release, indemnify and hold harmless Tuscany Tours or Contrada Corp., their shareholders, quotaholders or members, officers, directors, employees, affiliates, contractors, or agents (the "Indemnified Parties") against and from any and all liabilities, damages, losses, expenses, claims, demands, suits, fines or judgments, including but not limited to reasonable attorneys' fees, Court costs, Arbitration costs and fees, and Administrative Proceeding costs and expenses incident thereto, which may be suffered by you - the tour participant or services' beneficiary - as a result of (I) injury in preparation prior to, during or after a tour or rendition of services , (ii) tour or services interruption or cancellation, and in the event of such interruption or cancellation only, any and all damages, costs, expenses, as set forth above, which exceed the Maximum Liability set forth above; provided that this release and indemnification shall not apply in the event such injury, interruption or cancellation are the proximate result of the Tuscany Tours gross negligence or willful misconduct.
It is further understood and agreed that you, the participants, do hereby waive all rights and benefits which you now have or in the future may have, under and by virtue of the terms of California Civil Code Section 1542, which reads as follows:
"A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Tuscany Tours may refuse service to any person at its discretion and reserves the right to ask any person to leave a tour at any time.
Payment and Cancellation Policies and Additional Terms:
Payment of Balance
Payment of the balance due for your tour or services must be received no less than 90 days before the scheduled beginning of the tour or services.
Cancellation of Tour by Participant
Registration Deposits are non-refundable. Under certain circumstances, and at the sole discretion of Tuscany Tours, registration deposit fees paid by the participant or services beneficiary may be applied toward payment for future services to be provided by Tuscany Tours.
If you cancel your participation in any tour or services package after your full costs for your tour or travel services have been paid, monies paid to Tuscany Tours will be refundable according to the following schedule:
Cancellation 60 days or more before the start of the tour or travel service: 50% refund
Cancellation 30 days or more before the start of the tour or travel service: 25% refund
Cancellation less than 30 days before the start of the tour or travel service: 0% refund
For your protection, we highly recommend that you purchase trip cancellation insurance from your travel agent. Although details of policies vary, trip cancellation insurance typically offers you some reimbursement of your expenses in case unforeseeable personal illness or family emergencies force you to suddenly cancel a trip.
Governing Law, Dispute Resolution
You, and Tuscany Tours (the "Parties") acknowledge and agree that the Terms and any dispute arising under or in connection with the Terms or the services provided pursuant to the Terms, including any action in tort shall be governed by the laws of the State of California. All actions brought to enforce or arising out of these Terms or services rendered pursuant to such Terms shall be brought and tried in the Superior Court of Sonoma County, California, or federal courts of competent jurisdiction in the Northern District of California, the Parties hereby consenting to personal jurisdiction and venue therein. The Parties hereby waive the right to a trial by jury for matters which may be heard in any of the foregoing U.S. courts.