Italy With Pleasure

 

Italy with Pleasure Limited (referred to in these terms as “us”, “we” or “Italy with Pleasure”) will only supply and sell the Services to the Customer
(referred to in this Agreement as “you”) on the following terms and conditions unless we agree in writing to vary these terms and conditions.

1. Provision of Services
1.1. You have requested certain Services from us, in relation to which we have provided you with a written quote (“Quote”) which, unless
previously withdrawn, will be valid for 14 days.
1.2. Our Quote only includes those items specified in the Itinerary. The Quote does not include travel and/or medical insurance, additional or
optional activities or any other additional costs (which you are solely responsible for) or any other items not specified in the Itinerary.
1.3. You will notify your acceptance of our Quote by completing, signing and returning the Booking Form to us which will be deemed to be an
acceptance of these terms and conditions (as modified in our Quote), notwithstanding any conditions you include in the Booking Form or
otherwise furnish on us.
1.4. Your acceptance of our Quote may not be cancelled unless agreed by us in writing and, if agreed to by us in writing, will be subject to
payment by you of all costs, expenses and losses incurred by us as a result of such cancellation (as reasonably determined by us).
1.5. You acknowledge that all information furnished by us, or contained on our website or in any brochures or other advertising matter, are
approximate only, and that no representation is made by us that the Services will strictly comply with those particulars.
1.6. We reserve the right to alter or vary any Quote or Itinerary due to circumstances beyond our reasonable control.

2. Withholding Supply
2.1. We reserve the right, irrespective of whether or not a Quote has been accepted, and without notice to you, to withhold supply to you where
we have determined, in our absolute discretion that all or any part of the Tour or its related activities are no longer available or viable. We will
not be liable for any costs, expenses, losses or damages resulting directly or indirectly from such action.
3. Payment, Deposit, Prices and Default
3.1. The terms and date for payment are as stated in our Quote. If there is no payment date stated in our Quote then payment for the Services
must be made 3 months prior to the Tour Start Date.
3.2. We require payment of the Deposit with your acceptance of our Quote and prior to us booking any Services. Payment of the Deposit is
deemed to constitute your consent and approval to book the Services.
3.3. Unless otherwise specified in our Quote, all prices are in Euros and are exclusive of GST and other Taxes, which you must pay in addition.
3.4. If you:
(a) do not pay any amount owed to us on the due date; or
(b) fail to fulfil your obligations under this Agreement or otherwise breach any term of
this Agreement, we may, without notice to you, immediately suspend or terminate the provision of Services and we will not be liable for any
costs, expenses, losses or damages resulting directly or indirectly from such action.
3.5. If any amount which you owe us falls overdue for payment, such late or non payment shall constitute a breach of your obligations under
this Agreement and the overdue amount shall (without prejudice to any other right or remedy under this Agreement) bear default interest from
the date on which payment of that amount falls overdue until the date on which payment of the overdue amount is made in full. Default interest
shall be calculated daily at the Default Interest Rate and shall be compounded monthly.

4. Your Obligations
4.1. Italy With Pleasure Limited is not responsible for any medical or additional travel related costs (not listed in the itinerary), therefore we
recommend you (a) obtain and maintain full travel and medical insurance for the duration of the Tour and its related activities for yourself and
all other persons listed on the Booking Form; (b) obtain clearance from a licenced medical practitioner that you and all other persons listed on
the Booking Form have a sufficient level of health and fitness to undertake the Tour and its related activities.
4.2. If you or any other person listed on the Booking Form have any medical, mental, physical or other condition that may create a risk to any
member of the Tour (including the individual concerned), you must disclose this in the Booking Form. You must immediately notify us in writing
of any new medical, mental, physical or other condition that arises prior to the Tour Start Date or during the Tour.
5. Limitation of Liability
5.1. We exclude all statutory or implied conditions and warranties to the fullest extent permitted by law.
5.2. We do not except any liability for any loss or damage to any property or any injury, illness, disability or death or any other loss, damage or
claim in connection with the Services however caused which arises directly or indirectly from any occurrence beyond our reasonable control.
5.3. Subject to clause 5.1, to the fullest extent permitted by law, we limit our liability to you, howsoever arising, from the supply of (or failure to
supply) any Services, or the quality of the Services to the value of the Services specified in our Quote.

6. Intellectual Property
6.1. Ownership of all intellectual property rights (including, but not limited to, all brochures, photographs, audio recordings or video footage and
any other documentation) in or relating to the Services are owned by us.
6.2. You consent to us taking photographs, audio recordings or video footage during the Tour and you agree that all such images or recordings
may appear on our website and social media and/or be used in advertising and other promotional material at our discretion.

7. Privacy Act 1993
7.1. If you are an individual, you have a right of access to information about you held by us and you may request correction of that information
and require that the request be stored with that information. We may charge our reasonable costs of providing access to that information.
7.2 Payment of the Deposit is deemed to constitute your consent of our Privacy Policy which can be found here
https://www.italywithpleasure.com/PDF/Privacy-Policy-ItalyWithPleasure.pdf

8. Termination and Cancellation
8.1. We may terminate this Agreement by notice in writing to you if any of the following events occurs:
(a) you do not pay any amount owed to us on the due date;
(b) you fail to fulfil your obligations under this Agreement or otherwise breach any term of this Agreement;
(c) it becomes, or will become, illegal for you to comply with your obligations under this Agreement or all or part of this Agreement becomes
invalid or unenforceable;
(d) if all or any part of the Tour or its related activities becomes unavailable or unviable;
(e) you are deemed mentally or physically unfit or incapable of taking part in all or any part of the Tour or its related activities.
8.2. Termination of this Agreement by us will be without prejudice to our accrued rights, remedies and liabilities under this Agreement.
8.3. You may not terminate this Agreement for any reason without first providing us:
(a) written notice of the breach or cause pursuant to which you purport terminating this Agreement; and
(b) 20 days from the date of receipt by us of such notice to reasonably remedy such breach or cause.
8.4. Should this Agreement be terminated for any reason, you agree to immediately:
(a) pay us all amounts owing by you to us;
(b) pay us for the proportion of the Services which have been provided up to the Termination Date on receipt of an invoice in relation to those
Services;
(c) pay us for all expenses, charges or costs falling due for payment after the Termination Date which arise from commitments reasonably
incurred by us prior to the Termination Date on receipt of an invoice in relation to those expenses, charges or costs.
8.5. If you wish to cancel your booking on the Tour, you must advise us of such cancellation in writing (“Cancellation Notice”). In the event of
such a cancellation by you, the following cancellation charges shall apply:
More than three months before the tour start date: No penalty, deposit refunded.
Three months to one month before the tour start date: up to 50% of the tour price.
Less than one month before the tour start date: up to 100% of the tour price.
8.6. We are not responsible for any losses, damages, costs or expenses incurred by you arising from the Tour or its related activities,
termination of this Agreement, the cancellation of the Tour or its related activities or any changes in the Tour or its related activities.

9. Costs
9.1. You shall pay to us, upon demand, all costs and expenses on a full indemnity basis (including GST, Taxes and reasonable legal fees on a
solicitor and own client basis) incurred by us in connection with the enforcement or preservation of, or attempted enforcement or preservation
of, any rights under this Agreement, or in suing for or recovering any moneys payable by you under this Agreement.

10. Indemnity
10.1. You agree to indemnify us against any claims, losses, damages, liabilities, costs and expenses of whatever nature arising in whole or in part
out of:
(a) you attending and/or participating in the Tour or its related activities;
(b) any breach of this Agreement by you.

11. Scope
11.1. Notwithstanding anything contained in any correspondence between us or elsewhere, this Agreement constitutes the entire terms and
conditions of the agreement between us in relation to the Services and will prevail over all prior arrangements, negotiations, proposals,
correspondence or previous dealings between us (whether written or oral).
11.2. You acknowledge that in entering into this Agreement you did not rely on any representation other than those which are expressly
contained in our Quote.
11.3. No amendment to this Agreement shall be valid unless in writing and executed by all parties in the same manner as that in which this
Agreement has been executed.

12. General
12.1. If any provision of this Agreement is or becomes invalid or unenforceable, that provision shall be deemed deleted from this Agreement
and such invalidity or unenforceability shall not affect the other provisions of this Agreement, all of which shall remain in full force and effect to
the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.
12.2. No waiver of any breach, or failure to enforce any provision, of this Agreement at any time by us shall in any way limit or waive our right to
subsequently require strict compliance with this Agreement.
12.3. The laws of New Zealand govern this Agreement.
12.4. You agree to submit to the jurisdiction of the Courts of New Zealand and agree that any legal proceedings must be heard in those courts.
12.5. Possible hazards on our tours include, but not be limited to: uneven ground, slippery surfaces, uneven steps, entering caves and
underground areas, in your accommodation the bathroom may be on a different floor to your bedroom, high summer temperatures, inclement
weather, fall risks and unprotected fall hazards, vertigo, stairs without handrails.
12.6. Italy With Pleasure Limited shall not be liable for stolen property during the tour, including from tour accommodation and tour vehicles.

14. Definitions
14.1. In this Agreement, unless the context otherwise requires:

“Agreement” means our Quote and these general terms and conditions of sale as modified by our Quote.
“Default Interest Rate” means 15% per annum.
“Deposit” means the amount specified as such in our Quote. If our Quote does not specify an amount, the amount is €300.
“Governmental Authority” means any domestic or foreign governmental authority, court, government or self regulatory organisation,
commission, tribunal or organisation, any regulatory administrative or other agency or any subdivision, department or branch of any of the
foregoing.
“GST” means any goods and services tax, value added tax or similar tax payable by us, at the rate prevailing from time to time.
“Itinerary” means an itinerary in relation to a Tour prepared by us and provided to you, as amended by us from time to time.
“Services” means all services in connection with a Tour provided by us to you from time to time as described in our Quote and includes any
services ancillary to that Quote.
“Taxes” includes any present or future tax, levy, impost, duty, rate, charge, fee, deduction or withholding of any nature and whatever called,
imposed or levied by any Governmental Authority, and includes GST and any interest, penalty, charge, fee or other amount imposed or made on
or in respect of any of the foregoing but excludes income taxes and capital gains taxes.
“Termination Date” means the date on this Agreement is terminated.
“Tour” means a tour program provided by us to you as specified in the Itinerary.
“Tour Start Date” means the first day of the Tour as specified in the Itinerary