My Bella Vita Travel, LLC (hereinafter “My Bella Vita Travel”, “we”, “us”, “our”) is a travel advisor providing personalized itineraries based on our clients wants and needs. We are excited to serve our clients (hereinafter “traveler”, “you”).
Please read this document carefully as it contains information pertinent to your custom tour or vacation. To complete your booking, you must acknowledge you have read and agree to all the terms and conditions specified below. Making a payment for your vacation, as well as your physical presence on the planned vacation or tour indicates your agreement to these terms and conditions.
If you are making a booking on behalf of a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
INITIAL DETAILS
Your custom vacation or private tour price will be defined in the final project and is subject to your approval. We accept payments in US dollars via all major credit cards, personal checks (to a US bank) or Paypal.
PROCEDURE
Your final materials will include your detailed itinerary, along with hotel and other contact information, lists of local products, shopping and dining recommendations, a selection of our exclusive planning guides, articles of interest, and travel tips. If you are traveling prior to the vacation or tour we are planning for you, please let us know and we will make every effort to expedite delivery of your vacation package.
CANCELLATION POLICY
The client may cancel the trip at any time but will be subject to the following cancellation policy.
50% refund for cancellations made prior to 60 days, minus any non-refundable rates we secured for hotels on your behalf.
No refunds will be given for cancellations less than 60 days prior to the trip.
Cancellations due to medical reasons, including Covid-19 and/or any future pandemics can only be covered by your travel insurance carrier. No refund will be made for any unused portion of the tour or vacation or for early departure.
Postponement of trip will be made on a case-by-case basis based on availability and is only available for clients who notify us at least 60 days prior to their tour. We will make every possible effort to rebook a postponed trip, however the client is responsible for any rebooking fees, as well as price increases charged by the various vendors.
COVID 19 RELEASE OF LIABILITY
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling and that it cannot be controlled or eliminated by My Bella Vita Travel.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries’ requirements will also apply.
On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on My Bella Vita Travel to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, My Bella Vita Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, My Bella Vita Travel shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS My Bella Vita Travel, LLC, its owners, members, agents, and/or employees, and suppliers (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
MONEY MATTERS
All tour and vacation prices are listed on a per person basis and are based on double occupancy, unless otherwise noted. Payments are remitted in USD. My Bella Vita Travel provides bundled travel packages at one price to our travelers and does not provide cost breakdown. Travelers who wish to reduce the overall price of their trip can provide us with a ballpark figure and we will make our best effort to meet their request.
FINAL PAYMENT
Final Payment is due in full 60 days prior to your vacation. When booking past this date, full payment is due to secure the booking. Your reservation may be canceled and deposit forfeited if not received by the due date.
NSF CHECKS
In some cases it is possible to pay for your vacation via check on a US bank. If a check is returned to us due to non-sufficient funds, My Bella Vita Travel will assess a $50.00 fee per occurrence. This fee will be added to the tour or vacation balance to be paid in full no later than 60 days prior to departure or the reservation will be canceled and the deposit forfeited.
CREDIT CARD BOOKINGS
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must authorize for us and/or the supplier to charge your card and agree to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks. In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. My Bella Vita Travel retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
PHOTOGRAPHS AND VIDEOS
My Bella Vita Travel reserves the right to use photographs and videos of guests in promotional materials without compensation or advanced notice. If you desire a specific picture not be used, please contact My Bella Vita Travel and it will be removed from promotional materials.
HERITAGE TOURS AND RESEARCH
It is the responsibility of the traveler to provide My Bella Vita Travel’s research team with ancestral information and heritage tour goals in a timely and concise manner. Heritage tours, unless otherwise noted, include advanced research, which is conducted in our offices and on-site in the ancestral village. Heritage research is fluid and success is based on many factors, including but not limited to, the amount of accurate information we are provided by the traveler, the quality and condition of records in the village, willingness of locals, individual family history, and more. While we can’t guarantee answers to every question, every effort is made to ensure quality results that will enhance your heritage tour experience.
TRAVEL DOCUMENTS
It is the responsibility of the traveler to obtain passports, visas, and other travel documents. Please check with your local embassy or consulate. My Bella Vita Travel cannot accept responsibility if you are refused access to a country due to improper documentation, including any covid-19 documents required at the time of your travel. We make every effort to notify travelers of Covid-19 changes, but it is the responsibility of the traveler to ensure all documents are in order prior to travel.
TRAVEL INSURANCE
Travel can be risky and parts of your tour or vacation may be non-refundable. If you are concerned, you may want to consider purchasing travel insurance. We recommend you book insurance with our preferred partner, Travelex. If you decide to buy, be sure to read all the fine print and fully understand the coverage.
FORCE MAJEURE
My Bella Vita Travel assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by My Bella Vita Travel that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by My Bella Vita Travel.
NON-RESPONSIBILITY
My Bella Vita Travel Incorporated, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. My Bella Vita Travel is an independent contractor and is not an employee, agent, or representative of any of these suppliers. My Bella Vita Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of My Bella Vita Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither My Bella Vita Travel, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of My Bella Vita Travel. My Bella Vita Travel assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; My Bella Vita Travel assumes no responsibility or liability for personal property; and My Bella Vita Travel shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. My Bella Vita Travel accepts no responsibility for lost or stolen items. My Bella Vita Travel reserves the right to refuse any traveler or potential traveler at its sole discretion.
ASSUMPTION OF RISK/WAIVER
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, My Bella Vita Travel and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, travelers are willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of My Bella Vita Travel and agrees to and shall hold harmless and fully release My Bella Vita Travel Incorporated, and its employees, shareholders, agents, and representatives (together My Bella Vita Travel) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of My Bella Vita Travel and traveler hereby covenant not to sue My Bella Vita Travel for any such claims or join any lawsuit or action that is suing My Bella Vita Travel. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
DISCLAIMER
My Bella Vita Travel acts as an agent for the traveler with respect to transportation and hotels and exercises every possible care. However, we assume no liability for injury, damage, delay, loss, accident, or irregularity in connection with the services of any train, bus, boat, or other conveyance used in carrying out the arrangements of the tour. We cannot accept responsibility for losses or additional expenses due to delay or change or other circumstances, including but not limited to pandemic, sickness, weather, strikes, war or terrorist acts, quarantine, acts of God, or any other causes beyond our control. All such losses and expenses will be borne by the traveler. Tour travelers should be aware that because of issues such as strikes, unforeseen weather conditions, and unexpected restaurant or other closings, and because southern Italy is full of wonderful surprises, we reserve the right to take advantage of whatever comes along so we may provide the best one-of-a-kind tour experience to our travelers. Any such change would not be cause for a refund nor would it constitute grounds for fraud.
Cancellations due to medical reasons can only be covered by your travel insurance carrier. We strongly advise that you purchase travel insurance to protect yourself in the event that you need to cancel your reservations.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. My Bella Vita Travel will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify My Bella Vita Travel at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
GOVERNING LAW/SUBMISSION TO JURISDICTION. JURY WAIVER/NOTICE OF CLAIM
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Texas. You agree that you will only bring claims against My Bella Vita Travel in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. My Bella Vita Travel shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against My Bella Vita Travel unless you have first provided a typewritten notice of claim to My Bella Vita Travel within 30 days after the trip or cancellation of the trip.
ENTIRE AGREEMENT & SEVERABILITY: This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to My Bella Vita Travel. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
I certify that I have read, understood, and agreed to the booking conditions.