AGREEMENT BETWEEN CUSTOMER AND ITALY VACATIONS.COM
Welcome to the ItalyVacations.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "ItalyVacations" refer to Perillo's ItalyVacations.com. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have an ItalyVacations.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
PRIVACY POLICY
ItalyVacations.com believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of ItalyVacations.com, to understand our practices: Privacy Policy.
PREPAID HOTEL RESERVATIONS
You acknowledge that ItalyVacations.com pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre-negotiated room rate (including all taxes) for rooms reserved on your behalf by ItalyVacations.com and the facilitation fee retained by ItalyVacations.com to compensate us for our services.
You authorize ItalyVacations.com to book reservations for the total reservation price, which includes the room rate, and all taxes and service fees, displayed on the Website. You agree that your credit card will be charged by ItalyVacations.com for the total reservation price. Upon submitting your reservation request you authorize ItalyVacations.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
TRIP CANCELLATION OR CHANGE FEES: Land Portion of Your Trip Including Hotels, Car Rentals and Rail Tickets
You may cancel or change your prepaid ItalyVacations.com trip, but you will be charged the following cancellation penalties applying to the land portion of your trip:
- More than 61 days before travel: $150 fee per person.
- Between 60 and 31 days before travel: 25% of the cost of the trip.
- Between 30-15 days: 50% of the trip cost.
- 14-8 days: 75% of the trip cost.
- Within 7 days before travel: 100% of the trip cost.
Cooking Classes and cooking packages are non-refundable once booked.
Language classes are non-refundable once booked.
Rail Tickets are non-refundable once issued.
Day Tours are non-refundable once booked.
CHANGE FEES: Land Portion of Your Trip Including Hotels, Car Rentals and Rail Tickets
You may change the dates on your reservation, when requested more than 30 days before original travel date for a service fee of $100 per requested change. Any changes in price for new dates requested will be calculated and the difference charged.
Within 30 days of travel, changes are not permitted.
Changes requested during travel will be considered as a new reservation, with new dates and products charged accordingly.
Day tours and Rail Tickets may not be changed and are entirely forfeited 100% once purchased. New Day Tours and Rail Tickets will need to be booked and charged.
Cooking Classes do not permit change of dates.
NO SHOWS and INCOMPLETE TRAVEL
If you are a ‘no-show', without cancelling before the commencement of travel, you will forfeit all rights to a refund on any portion of your trip.
If you fail to use a single service during your trip without cancellation in advance, the amount of such item is non-refundable.
If you abandon your trip, at any point during the arrangements made on this Website, you will also forfeit all rights to a refund on any portion of your trip.
TRIP CANCELLATION OR CHANGE FEES: Air Portion of Your Trip
ItalyVacations.com website customers are subject to the cancellation and change fees of each airline booked on the Website.
Most airfares are totally non-refundable and do not permit for changes to date or itinerary. ItalyVacations.com will also highlight the most important policies pertaining to your booking., however we are not responsible for the accuracy of this information or the cancellation or change fees themselves.
TRIP CANCELLATION OR CHANGE FEES: Cruise Bookings
ItalyVacations.com website customers are subject to the cancellation and change fees of each cruise reservation made on the Website. ItalyVacations.com will also highlight the most important policies pertaining to your booking, however we are not responsible for the accuracy of this information or the cancellation or change fees themselves.
- Upon Booking: $250 per person.
- Between 60 and 22 days before travel: 50% of the cost of the trip.
- Within 21 days before travel: 100% of the trip cost.
TRIP CANCELLATION OR CHANGE FEES: Day Tours, Travel Packages and Activities
ItalyVacations.com website customers are subject to the cancellation and change fees of each tour operator, travel packager or activity arranger made on the Website. ItalyVacations.com will also highlight the most important policies pertaining to your booking, however we are not responsible for the accuracy of this information or the cancellation or change fees themselves.
Day Tours and Rail Tickets may not be changed and are entirely forfeited 100% once purchased. New Day Tours and Rail Tickets will need to be booked and charged.
Cooking Classes do not permit change of dates and are entirely forfeited 100%.
TRAVEL INSURANCE
Because of the possibility of substantial cancellation and change fees, it is STRONGLY RECOMMENDED that you purchase the travel insurance coverage available on this Website and elsewhere.
PASSPORTS AND DOCUMENTS United States citizens need only a valid passport for travel in Italy. Non-citizens should ask the Italian Embassy for the necessary documents for your nation of origin.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, ItalyVacations.com DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, ITALYVACATIONS, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE " ItalyVacations.com companies") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, " ItalyVacations.com affiliates") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, ItalyVacations.com EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE ItalyVacations.com AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BYTHE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THERE FROM. THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE ItalyVacations.com COMPANIES, THE ItalyVacations.com AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE ITALYVACATIONS COMPANIES, THE ITALYVACATIONS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the ItalyVacations.com companies, the ItalyVacations.com affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, the ItalyVacations.com companies, the ItalyVacations.com affiliates or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the the ItalyVacations.com companies, the ItalyVacations.com affiliates and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the ItalyVacations.com companies, the ItalyVacations.com affiliates or their respective suppliers, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than the ItalyVacations.com/. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of ItalyVacations.com, ItalyVacations.com Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the ItalyVacations.com, ItalyVacations.com affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the ItalyVacations.com, ItalyVacations.com affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2009ItalyVacations.com. All rights reserved.
If you are aware of an infringement of our brand, please let us know by e-mailing us at info@ItalyVacations.com.
GENERAL
Your use of mapping available on this Website is governed by the Google Terms of Use and Google Privacy Statement. Google reserves the right to change the Google Terms of Use and Privacy Statements at any time, at their sole discretion.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of New Jersey USA. You hereby consent to the exclusive jurisdiction and venue of courts in Bergen County, New Jersey, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the ItalyVacations.com as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ItalyVacations.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ItalyVacations.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Customer Service
ItalyVacations.com
577 Chestnut Ridge Rd Ste 2
Woodcliff Lake, NJ 07677
January 1, 2009 ©2009 ItalyVacations.com. All rights reserved.