When you make a booking, you are confirming that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party.
Your contract will be with VITOR s.r.l. (here indicated as “VITOR” or “We”), which will act as the Tour Operator.
A contract will exist as soon as We issue a confirmation invoice in response to your request for a booking and the deposit has been paid by you either to your travel agent or directly to VITOR.
The present Terms and Conditions are in accordance with EU Directive 90/314 (otherwise indicated as “Council Directive on package travel, package holidays and package tours) and Italian Law 79/2011 (otherwise indicated as “Codice del Turismo”)
1. Bookings can be made through your travel agent or directly with Us.
2. At the time of reservation, you must provide Us with your name and birthday exactly as it appears in the form of identification you plan to use (passport or identity card). Failure to provide this information at the time of reservation could result in additional fees.
3. We reserve the right in our absolute discretion to refuse any booking without specifying a reason.
4. Booking will be secured with a Reservation Fee of €300 per person per tour paid at the time of booking. The reservation fee is non-refundable unless:
a) We cancel your tour anytime, or
b) you cancel within 72 hours of booking the tour, anytime earlier than 56 days, or in any case earlier than 90 days before the scheduled departure (in this case with a deduction due to bank charges for money transfer back to you).
5. If your booking is made through a travel agent, We will address all correspondence to that travel agent. All monies paid by you to the travel agent will be held by them for and on behalf of Us.
6. You must clearly state all your requirements at the time of booking.
Where special requests (e.g. diet, room type, etc) are an important factor in the choice of holiday, you must advise Us when the booking is made. We will pass your requests on to service providers (hotels, restaurants….) but We cannot guarantee that they will be met.
7. Bookings made later than 56 days before departure will be considered “late booking” and will be subject to procedures devised in Section C (“Payments and Invoicing”).
8. After We have received the payment of the Reservation Fee, We will issue a Payment Schedule Note reporting information on the sums due and on payment terms until the start of the trip. By issuing the Payment Schedule Note We confirm that your booking is taken and accepted, in respect of all persons travelling.
9. Extending the length of the tour, provided that the planned itinerary of the orignial tour stays the same, is free of charge.
10. If for any reason We are unable to confirm your reservation by 56 days prior to departure (see Section H “Cancellation or modification by us”), your reservation fee and eventual payments of the first instalment will be refunded in full.
11. The provision of any special request does not constitute a term of your contract with Us unless We have confirmed it in writing.
C. PAYMENTS AND INVOICING
12. Our Invoices will be issued in Euros (€).
13. The following payment schedule applies:
• Within 56 days of tour departure date: 30% of the cost of the tour (Advance Payment)
• Within 28 days of tour departure date: balance (Final Payment = Total Cost of the tour – Advance Payment – Reservation Fee)
Payments must be credited in Euros (€) by the following means:
• Credit Cards: Visa, MasterCard
• Wire transfers, to the account as indicated in the Payment Schedule Note.
Other credit cards are not accepted.
All bank transfers should be made payable to “VITOR srl”.
14. Following your Advance Payment, We will issue an Advance Payment Invoice and an updated Payment Schedule Note and send them to the email address as indicated in your booking. In the unlikely event that an invoice is not received, payment is still due as stated above.
Also, after your Advance Payment and before Final Payment we will forward you a copy of all hotel reservations made in your name, with details about bookings and references of the hotels. All Reservations will report that booking has been confirmed.
If you arrange your tour directly with Us, all correspondence and communications will be sent to the address of the first person listed in the booking file, unless you specify otherwise.
We will issue the Final Payment Invoice and will mail final travel documents only after your account has been paid in full within the appropriate terms (28 days before departure) and We have received an undersigned copy of the Contract by email.
15. If you are booking within 56 days of departure but not within 28 days, then full payment of 1st instalment (Advance Payment) plus Reservation Fee is required at the time of booking. If you are booking within 28 days from departure, full payment of the entire tour is required.
16. Late additions may be subject to additional costs from our suppliers. We reserve the right to pass the corresponding cost on to the customer.
Any changes made after the final payment date will be considered late changes and will be made at the sole discretion of VITOR. Should any cost arise from these changes, We reserve the right to pass the corresponding cost on to the customer.
Once the tour has departed, changes affecting the program will not be allowed.
17. In case of human or computer error in invoicing, We reserve the right to re-invoice for the correct price or service.
18. We reserve the right to alter prices and other particulars in our offers and other documents, due to changes in the cost of the services We are going to provide you with.
However, we guarantee that we will not apply any price increase within 90 days from departure date.
19. In case a price increase is needed and you have booked earlier than 90 days from departure, We will communicate you the updated price of your trip, which will also be updated and displayed on our website. Once you have accepted this price and your booking has been confirmed, that price will not be subject to any more variations or surcharges.
If you do not accept the price increase, you are entitled to withdraw from the contract and We will refund the reservation fee and all the additional sums eventually liquidated to us within 7 days from your communication.
E. TRANSFER OF RESERVATION
20. If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or any other reason which We accept as significant, We may agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the tour, provided reasonable written notice (at least 14 days) is given to Us of the intention to transfer the booking before the date of departure.
The transferor of the package and the transferee shall be jointly and severally liable to VITOR for payment of the balance due and for any additional costs arising from such transfer.
21. Travellers younger than 18 years old (herein “child” or “children”) on the departure date must be accompanied by an adult throughout the duration of the vacation.
If a child travels with adults other than his/her parents or with only one parent, a notarized letter must be submitted by his/her parents or the non-travelling parent granting authorization to travel, including the dates of travel.
G. CANCELLATION BY YOU
22. Cancellation of a booking by you will only be accepted in writing. You should send written cancellation to:
Via Aldo Moro 16
25124 Brescia - Italy
We will not treat a booking as cancelled until we receive a written notice (email is acceptable). If the cancellation is received earlier than 56 days before departure, only the deposit is forfeited and any other payments made upfront will be refunded (with a deduction due to bank charges for money transfer).
Within 2 working days of your communication, We will reply with a Statement of Acknowledgement.
If you do not receive an acknowledgement within 48 hours, pls call 0039 030 9823655 or “VITOR SRL” on Skype to ensure your information was received.
Within 10 working days of your communication of cancellation, We will send you a Cancellation Note that officially confirms your cancellation.
Cancellation terms will be applied based on the date that the written cancellation is received and on the following dates prior to departure.
23. If cancellation happens within 56 days of the departure date, the following charges will apply:
• From 56 to 28 days: 20% of total tour costs,
• From 27 days to 8 days: 90% of total tour costs,
• From 7 days to departure date: 100% of total tour costs.
Any penalties for supplemental services/guarantees (including, but not limited to, hotels or late additions) resulting from cancellations made at your request will be your responsibility, and all service fees are non-refundable.
If you are booked in a double/twin room and your roommate cancels, you will be responsible for paying the single supplement fee before the final payment date.
The balance between the sums already paid and the cancellation fee will be credited to you within 5 working days, with a deduction due to bank charges for money transfer.
24. If you purchased Travel Protection from your own Insurance Company and are cancelling for a reason covered under the policy guidelines, cancellation fees should be reimbursed to you directly from your Insurance Company.
25. If you choose not to travel but fail to cancel your tour prior to the departure date or if you return home before the scheduled completion of your tour, you will not be eligible for any refund or reimbursement by Us for any unused portion of your trip or additional costs incurred by leaving your trip early.
H. CANCELLATION OR MODIFICATION BY US
26. If We do not receive payments as scheduled above (see clause 14), we reserve the right to cancel your reservation, in which case the following cancellation fees will apply:
• Advance Payment not received within 56 days of departure date: 100% Reservation Fee,
• Final Payment and Sales Contract not received within 28 days of departure date: 100% Reservation Fee + 40% of total tour costs.
27. We will use our best endeavours not to materially modify or cancel the holiday unless compelled to do so because of circumstances beyond our reasonable control. However, We reserve the right, at our discretion, to modify or cancel any tour, accommodation or arrangement at any time, before the start of the tour itself.
In particular, a material modification is one which has a serious effect on your holiday (for example, a change of departure date) which may, depending on your circumstances, cause substantial inconvenience to you.
If a change in accommodation becomes necessary for any reason, hotels substituted will be comparable to those indicated in the tour program. We do not consider a change of hotel or vehicle as a material modification.
Also, “force majeure” is defined as unusual and unforeseeable circumstances beyond the control of VITOR, the consequences of which could not have been avoided even if all due care had been exercised.
In the case of any material modification or cancellation, We will endeavour to advise you or your travel agent as soon as reasonably possible. In case of material modifications, if you accept them, they will form part of the contract between you and VITOR.
28. Should you not accept our proposal of material modification or cancellation, We will provide you with the following alternatives:
a) an alternative tour of equivalent or superior quality and equivalent price, if possible;
b) an alternative tour of a lower quality together with a refund of the difference in price between the package purchased and the substitute package; or
c) withdraw from the contract without penalty and with a full refund of all monies paid, including the Reservation Fee.
You shall inform Us of your decision as soon as possible, however not later than 3 days from our notice.
29. In case of “force majeure” as described in clause 55 below, We will be entitled to cancel the trip upon informing you that we are doing so, whereupon all monies paid by you for your tour shall be refunded to you (including the Reservation Fee), but no further compensation will be paid.
30. If a material modification or cancellation is made to your trip within 56 days of the departure date for reasons other than force majeure (as described in clause 54 below), and you wish to withdraw from the contract, you will receive compensation in accordance with the following table:
Period before scheduled departure date that we notify you or your travel agent of material modification or cancellation / Compensation offered per booking
56-28 days: 10%
27-7 days: 15%
6-0 days: 20%
31. We cannot be held responsible for any delays or cancellations caused by reasons including but not limited to weather, mechanical issues or personnel strike.
I. SALES CONTRACT
32. The Sales Contract will be issued and sent via email after the Advance Payment, however not later than 35 days from the date of departure of the tour, to the email address indicated in your booking. In case you ask for documents to be also printed and shipped to your address, courier shipping costs will be charged to you.
33. The Sales Contract includes the following information:
a) Destinations, start and end dates, length of the tour,
b) Price of tour, exclusions,
c) Payment schedule,
d) Detailed information about VITOR’s Mandatory Coverage and other Insurance Covers asked for by the customer,
f) Hotels (characteristics, services, meals etc.),
g) Itineraries, visits, excursions, included services provided by Authorized Tourist Guides,
h) Possible costs due to the eventual transfer of reservation,
j) A mandatory term for the customer to accept possible material modifications,
k) A mandatory term for claims to be presented,
l) Passenger Agreement, including VITOR’s formal Terms and Conditions.
34. You should send Us via email the countersigned Sale Contract, complete in all its parts, within 28 days of departure time.
We reserve the right to cancel bookings and return deposits if We do not receive the countersigned completed Sales Contract within 28 days of departure time.
Customers who are unable to receive and complete their Passenger Agreement via email may request the Agreement be provided via fax or mail.
J. TRAVEL DOCUMENTS
35. Final Travel Documents will be mailed right after the final payment has been accredited on our accounts and We have received the countersigned Sales Contract.
Travel Documents will be issued and sent via email to the email address indicated in your booking. In case you ask for documents to be also printed and shipped to your address, courier shipping costs will be charged to you.
If your mailing address changes or if you want your final documents sent to a different address, you should notify Us prior to your final payment date. Otherwise, you will be responsible for any additional mailing costs.
We cannot accept any liability if We are not notified of any inaccuracy in any document within 28 days of tour departure.
While We will do our best to rectify any changes made outside this time, it is your responsibility to meet any additional costs which may be involved, except in the case of an error made solely by Us and where there is a good reason for you not contacting Us within the specified time.
36. You are responsible for ensuring that all necessary personal travel documents, in particular Passports and Identity Cards, are valid and effective, and for verifying entry requirements necessary for Italy and obtaining an Entry Visa when needed.
We will not be liable to make any refund or pay compensation if you or any member of your party are unable to proceed with the tour as planned because of incorrect or missing personal documents.
Also, you are responsible for any expenses incurred as a result of delays or itinerary changes related to your lack of appropriate travel documents and are therefore ineligible for any refund from Us.
37. It is highly recommended that you and all members of your party take out comprehensive travel insurance that it is adequate for your needs, before you travel on your VITOR tour. Your insurance should include:
• medical and repatriation expenses,
• personal injury,
• personal liability,
• legal expenses.
If you suffer from a disability or medical condition you should disclose this to insurers.
38. In case you are not covered by your own policy, you can subscribe VITOR’s comprehensive travel insurance, covering medical expenses and other risks.
39. You agree to indemnify Us against all third-party actions taken against Us in respect of actions, accidents or damages caused by or to you arising from your participation in the holiday.
40. In the event of you making a claim against Us for services rendered on your trip, you agree to sign over to Us any rights to take action against the supplier or any other person or party that you have a complaint or legal right against and to co-operate fully with Us, should we or our Insurers wish to enforce those rights which have been assigned to Us.
41. For additional information regarding our coverage, pls go to www.vitoritalytours.com/insurance .
L. START OF THE TOUR - DELAYS
42. All Tours start at the meeting point at the time as stated in the Final Detailed Itinerary.
43. In case you are aware of a delay in showing up, you must notify Us of your new arrival time.
If you are arriving later than 1 hour, we reserve the right to charge you with the additional cost of service. I later than 6 hours, this will be considered as “No Show”. Provided that we can arrange a new transfer, it will be at your own expense.
Persons missing tour portions or components (including, but not limited to, meals, excursions or sightseeing tours) due to delays or cancellations will not be refunded.
M. OUR LIABILITY TO YOU
44. Subject to clause 45 below, we accept responsibility if any part of your holiday arrangements (that occur after your VITOR Tour has commenced) is not as described in the tour program, or not of a reasonable standard, due fault on our part.
We do not accept responsibility if and to the extent that any failure of your holiday arrangements or harm is not caused by any fault of ours, or our agents or suppliers, but is attributable to your own acts or omissions, or to the acts or omissions of a third party unconnected with your tour arrangements or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by Us, our servants, agents, or suppliers even with the exercise of all due care.
45. Subject to clause 44 above, if any failure in your tour arrangements or damage arising from the nonperformance or improper performance of the services involved in your travel package or tour relates to, or if you or any member of your party is killed, injured or becomes ill during or as a result of carriage by aircraft, ship or train forming part of the holiday arrangements booked before departure in your trip with Us, our liability to pay compensation and/or the amount of compensation We will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include, but are not limited to, the following: in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with Us. You should also be aware that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay to you in the event of damage, death or personal injury. You should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions.
46. If We make any payment to you or any member of your party for death, personal injury or illness, you must give Us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must cooperate fully with Us in seeking recovery of any payment we may make to you.
47. If after departure We become aware that We are unable to procure a significant proportion of the services to be provided, We will make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under our contract with you and those effectively supplied.
If it is not possible to make such arrangements or these arrangements are not accepted by you for good reasons, We will, where appropriate, provide you at no extra cost with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate, compensate you.
48. With regard to the eventual damage resulting for you from our failure to perform or the improper performance of the contract, We are liable unless such failure to perform or improper performance is attributable neither to any fault of ours nor to that of another supplier of services, because:
- the failures which occur in the performance of the contract are attributable to you,
- such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable,
- such failures are due to a case of force majeure, or to an event which We or the supplier of services, even with all due care, could not foresee or forestall.
49. Where, as a result of circumstances beyond our control, We are obliged to change or end your tour after departure, We will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or out-of-pocket expenses you incur as a result of the change or premature end to your holiday.
50. There will be no refunds for unused package tour services or features, including missed transfers due to airline changes and/or missed flights, train and ship changes, unused meals, missed sightseeing tours, unused entrance fees, and accommodations, howsoever this eventuality may be occasioned, including where you decide to leave the tour early. The final decision on the itinerary and the content of the tour will be taken by the VITOR Tour Manager.
51. If improvements can be made to tour itineraries or unforeseen circumstances necessitate changes or delays occur for a variety of reasons beyond our control, We reserve the right to amend, adjust or alter itineraries. We will make every effort to notify you as early as possible of such changes. Due to local or national holidays, seasonal hours of operation or availability, special events and/or peak harvest seasons, access to certain facilities and attractions including but not limited to vineyards, museums, historical sites or stores may be limited. On such occasions, and whenever possible, reasonable itinerary adjustments will be made by the Tour Leader to minimize your inconvenience.
52. If it is necessary for Us to change or cancel your travel program in any way, you will be responsible for altering your flight plans accordingly and for any costs that result from such changes or cancellations.
N. EXCLUSION OF LIABILITY
53. VITOR will not in any way be held responsible for any loss, damage or expense resulting from a force majeure event. Force majeure means unusual and unforeseeable circumstances beyond our reasonable control or the control of our suppliers, the consequences of which neither Us nor our suppliers could avoid even with all due care, including, but not limited to, war or terrorist activities, threatened or actual, civil unrest, riot, industrial action, threatened or actual, adverse weather conditions, fire, flood, drought, natural or nuclear disaster, closures, unforeseen alterations to public transport schedules, changes imposed by rescheduling of aircraft or boats, unavoidable technical problems with transport, machinery or equipment, power failure, epidemic or outbreaks of illness or any other event outside our control the consequences of which could not have been avoided even if all due care had been exercised, which either delays or extends the tour, compels a change in the holiday arrangements or its cancellation.
54. VITOR will not in any way be held responsible for:
• changes and/or cancellations for any reason by hotels;
• injury, damage, loss, accident, delay, or irregularity or through the act of default of any company or person engaged in conveying passengers, or of any hotel proprietor, personnel, servant or any other person otherwise in connection therewith;
• criminal acts committed by third parties, loss due to theft, defects of vehicles or breakdown in equipment
• standards of quality, hygiene, political stability, cuisine, sanitation facilities, diseases or viruses contracted while traveling for any cause, cleanliness, telecommunications facilities, methods of conducting business, emergency medical evacuation, treatment, or medical services found;
• loss or expense due to delay or changes in transportation schedule or other causes;
• potential loss of services due to inclement weather conditions;
• any and all liability in connection with the foregoing.
55. VITOR and its representatives abroad act only as independent contractors acting on behalf of neither the customer nor the suppliers and principals.
56. All exchange orders, coupons, and tickets, whether paper or electronic, are issued subject to the terms and conditions under which such means of transportation, accommodations, and other services are offered or provided. The issuance and acceptance of such documents shall be deemed to be consent to the further conditions.
O. HEALTH AND MEDICAL CONDITIONS
57. All participants must be in good physical health.
If you or any member of your party have a medical condition, including food intolerance, or disability or restriction of movement which may affect your holiday you must formally notify Us at time of booking so we are able to advise as to the suitability of your chosen arrangements. We may ask you to complete a medical assessment form to assist Us. If such limitations require additional assistance, We reserve the right to ask for the person to be accompanied by a person who is able to provide full assistance to them throughout their tour or to decline the booking.
Required inoculations, if any, must be recorded by clients' health practitioner on a valid vaccination certificate which the client must carry for proof of inoculation where required.
The previous conditions apply also to ladies in a state of advanced pregnancy.
58. Any person arriving at the destination ill or with apparent fever or becoming ill during the tour will be directed to a local medical facility for diagnosis. All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary will necessarily be borne by the customer and or his personal Insurance Policy.
59. In general, no customer will be permitted to embark or continue on the trip while their mental or physical condition is, in the reasonable opinion of VITOR Tour Manager in charge, such as to render him or her incapable of caring for himself or herself. We reserve the right to terminate your holiday immediately in such a situation, and We will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason, nor will we be able to refund them any part of their trip cost.
In all cases, We will notify you of the situation and the reasons why We have taken any action against or towards you. We will have no obligation to arrange for your return to the point of departure.
60. No customer will be permitted to embark or continue on the tour whereby their behaviour, in the reasonable opinion of the VITOR Tour Manager in charge, is causing danger to themselves or to other passengers, damage to property, or is incompatible with the interests of the group.
In such a situation We reserve the right to terminate the tour immediately.
We will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason, nor will We be able to refund them any part of their trip cost.
In all cases, We will notify you of the situation and the reasons why We have taken any action against or towards you. We will have no obligation to arrange for your return to the point of departure.
Q. COMPLIANCE WITH ITALIAN LAWS AND REGULATIONS
61. All travellers must comply with all Italian Government laws, regulations, local customs and foreign exchange regulations.
We will not accept responsibility for any client who contravenes laws or regulations.
Should We detect any contravention of any relevant law, regulation or custom, you may be asked to leave the tour without a refund of the tour fees you have paid. Also, We will have no obligation to arrange for your return to the point of departure.
62. As We operate a non-smoking policy on our tours, you are requested not to smoke during transfers and in hotels, as well as in all public places and premises where it is forbidden by the Italian Law.
63. Depending on the occupancy of the van, there could be size and weight limits for the vehicle when fully loaded. Therefore you are only entitled to one piece of main luggage of a standard size of no more than 158 cm. and not weighing more than 23 kg., unless formally authorised by Us. In addition, you may bring a daypack, to be stored under your seat.
64. If you are carrying more luggage than this allowance, We are within our rights to refuse to carry additional bags and you will be responsible for making alternative storage arrangements.
65. In the unlikely event of any dissatisfaction with our performance or with the services provided (hotels, transport, guides….), you must report it immediately to your VITOR Tour Manager in charge so that prompt efforts can be taken to find appropriate solutions to the problem.
Failure to notify your VITOR Tour Manager of any problem immediately or at the earliest opportunity in writing or any other appropriate form may result in your ability to claim compensation from Us being extinguished or at least reduced.
66. If your complaint is about your VITOR Tour Manager please contact the VITOR Head Office directly and immediately.
67. Any complaint made to Us after the tour is over should be made in writing within 10 days of tour completion.
Processing of claims will take up to 4 weeks from the date We receive relevant documents.
68. We are not obliged to guarantee promises (written or verbal) made by local hotel staff, tour guides, or any other persons not under direct employ of VITOR.
T. DATA PROTECTION
70. No servant or representative of VITOR has any right to alter, vary or waive any of these terms and conditions, nor do they have the right to undertake any liability whatsoever on behalf of VITOR unless such alteration, variation, waiver or undertaking is in writing and signed by a duly authorised representative on behalf of Us.
71. VITOR cannot be held responsible for typographical or printing errors, including but not limited to prices.
72. All contracts with VITOR are governed by Italian and European Law, in particular EU Directive 90314 and Italian Law 79/11, and are subject to the exclusive jurisdiction of the Italian Courts.