The Contrada Corp. dba 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, the Traveler (TRAVELER) 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 210 Valley View Drive, Petaluma, California 94952, and dba Tuscany Tours (Tuscany Tours). Participation in any services offered by Tuscany Tours and/or its agents or suppliers constitutes consent on your behalf, (TRAVELER), and agreement to the terms specified below.
Payment and Cancellation Policies and Additional Terms – SMALL-GROUP TOURS
Non-refundable Deposit: Registration Deposits are non-refundable.
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: 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 refunded 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.
If you are a no-show, if you cancel your trip after the departure date, if you do not have a valid passport or are not able to obtain a valid visa, or if you leave a trip already in progress, you will not receive any refund for any unused portion of your trip.
If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you may be subject to additional single supplement and travel protection fees.
Due to the ancient architecture of hotels renovated from restored palazzos, each hotel room is unique and room sizes may vary.
All hotels have air conditioning but in the shoulder seasons, they may not be permitted to use them due to European laws. Please be aware that we cannot ask the hotel to use the air-con if it is against the current regulations in place.
Tuscany Tours reserves the right to make changes to tour venues, tour escorts and guides as circumstances may require and without notice.
Change in Trip Price: All quoted prices are subject to sudden changes based on Euro dollar/US dollar exchange rate, until final balance is paid. Once the final balance has been paid, the price is locked, regardless of exchange rate fluctuations. Variations in price will be made only if Euro value increases 5% or more from the time of booking to the time your balance is due. Any variations in price, which may or may not increase your balance, will be communicated to you by email.
In certain circumstances, Tuscany Tours may change the departure date of your trip or consolidate any trips that do not reach a minimum level of participation. In this event, you will be offered an alternative departure date or trip. If we are not able to agree upon a suitable alternative, you will be entitled to cancel your reservation and receive a full refund of your Trip Price. Any applicable refunds will be returned to you in a manner to be determined by Tuscany Tours, including, but not limited to, credit for future travel.
Physical Fitness: You must be in good physical condition to participate in this travel service. You must be able to sustain extended walking and standing, as well as uphill and downhill climbing, among other physical activities.
Photos and Videos: The Traveler agrees that during the travel service photos or videos may be taken by other travelers, the Company Staff or any representative of Tuscany Tours. These photos and videos may contain the Traveler in part or in whole. The Traveler agrees that these images may be reproduced in any venue, print or digital, by Tuscany Tours for promotional and/or commercial purposes.
Rules and Regulations of Destination Country: You agree to be informed as to the rules and regulations of the country you are visiting. Tuscany Tours will follow all rules and laws that are in place in the destination country. It is not the responsibility of Tuscany Tours to inform you of these rules and regulations.
You agree to assume responsibility for your own health and safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States.
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 Traveler, in any tours or other services provided directly or indirectly by Tuscany Tours.
Tuscany Tours does not guarantee any of such supplier's rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen, and agree that Travel Agency will not be responsible if they are not satisfied. Please see all Terms and Conditions incorporated herein.
Traveler assumes complete and full responsibility for, and hereby releases TUSCANY TOURS from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U. S. Citizens inform themselves of any information concerning possible dangers at international destinations, and that they contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 https://travel.state.gov/content/travel.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel (404) 332-4565.
It is the traveler’s responsibility to protect their purchases and Travel Insurance is strongly recommended. Traveler is advised to obtain appropriate insurance coverage against these risks. TUSCANY TOURS has information regarding some forms of travel insurance. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
By embarking upon his/her travel, Traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency. Traveler also assumes all risks for any participation in a nominal risk or high-risk activity.
Force Majeure: TUSCANY TOURS shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure, nor for changes to or terminations of your trip due to Force Majeure. “Force Majeure” refers to any event beyond TUSCANY TOURS’ reasonable control, including but not limited to severe weather, explosion, riot, unavailability of equipment ,fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, disease, virus, pandemic, contagious diseases, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of TUSCANY TOURS. TUSCANY TOURS reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure. Very rarely, you may be forced by "force majeure" to change or terminate your Trip after departure but before the scheduled end of your Trip. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our Suppliers), pay you any compensation, or meet any costs or expenses you incur as a result. We strongly recommend that you obtain travel insurance,
Traveler acknowledges that TUSCANY TOURS cannot control the cancellation fees assessed by the suppliers, nor control issuance of vouchers in lieu of cash. Traveler understands that should Traveler initiate any chargeback with Traveler’s credit card company to avoid previously agreed upon fees TUSCANY TOURS will utilize all rights and remedies under the laws of the State of California WITH PROPER JURISDICTION to uphold previously agreed contractual provisions. Traveler understands that TUSCANY TOURS does this because third parties seek payment directly from TUSCANY TOURS. The cancellation fees do not cease to exist in the event of a chargeback. Thus, TUSCANY TOURS will be prompted to pursue litigation and incur attorneys’ fees and costs which will be included in addition to all cancellation fees.
When Traveler is purchasing a Trip for someone besides themselves, clicking on the “I Agree” box verifies that such Traveler is the designated legal guardian for such person under these conditions. Traveler has informed all other Travelers in their group of these Terms and Conditions and accepts them on their behalf, warranting that the other Travelers in their group also agree to be bound by these Terms and Conditions.
Without this acceptance, the purchasing of a travel service or inquiry is not technically possible. Therefore, by purchasing a travel service with TUSCANY TOURS, you, and all Travelers in your group (if applicable), agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
Tour and Travel Services: Travelers 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 Traveler being unable to begin, continue or complete travel because of a personal or medical emergency. Travelers agree that in the case of injury or illness Tuscany Tours may, but shall not be obligated to, at a cost to the Traveler, arrange medical treatment and emergency evacuation services, as Tuscany Tours deems essential for the Traveler'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 Travelers will be to refund the cost of the tour or service (minus any billable costs and fees for services already rendered) to the tour Travelers. AND THERE SHALL BE NO OTHER WARRANTIES TO THE TRAVELERS, WHETHER EXPRESSED OR IMPLIED, IN THE EVENT OF TOUR OR SERVICES CANCELLATION OR INTERRUPTION.
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, quota holders 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 foreseeable 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.
Release and Indemnification
You hereby agree to release, indemnify and hold harmless Tuscany Tours or Contrada Corp., their shareholders, quota holders 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 Traveler 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 Travelers, 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, trip or travel service at any time. If a tour leader or any representative of Tuscany Tours deems it necessary to ask a traveler to leave a travel service for the comfort, convenience or safety of the other travelers, including if the behavior of the traveler is deemed to cause or be likely to cause danger, distress or annoyance to other travelers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment of the trip, tour, travel service, even if the trip or travel service is in progress you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.
COVID-19 Travel Waiver (Travel Disruptions)
For your travel dates , you, the TRAVELER have requested that TUSCANY TOURS (“Agency”) make one or more travel bookings on your behalf. As the worldwide COVID-19 coronavirus pandemic remains ongoing at this time, you acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or cancelled by the supplier that is providing them, a government entity or other third party over which Agency has no control. You further acknowledge that the supplier’s own cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern your rights and remedies, including your right to receive a refund, in such an event. Moreover, You understand that should you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. You hereby agree to hold TUSCANY TOURS harmless and release it from any and all liability for any damages, including but not limited to monetary losses, you may incur as a result of such interruption or cancellation of these travel plans.
Alternative Dispute Resolution
TUSCANY TOURS desires to maintain friendly relationships with its clients (Traveler, agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, TUSCANY TOURS has established an alternative mediation program in the event of a misunderstanding or dispute between TUSCANY TOURS and its clients and travelers.
If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure.
Governing Law, Dispute Resolution: You, THE TRAVELER 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.
(updated June 2021)