Terms and Conditions | Tuscany Adventure Tours

Booking Terms and Conditions

These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your tour. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a confirmed booking.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Tuscany Adventure Tours” means Tuscany Adventure Tours.

Third parties include (but are not limited to) other businesses with whom we may contract to provide certain specialist elements of your travel arrangements.

Bookings

A booking request is accepted when we issue a written booking confirmation and you have paid your deposit, as applicable to your travel arrangements. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking request at our discretion. No employee of ours, other than a director, has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund or credit.

Services

The services we provide to you are limited to:

the arrangement and coordination of your travel arrangements; and
the delivery of travel arrangements which we directly control.

The services include (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.

Prices and Exclusions

Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The price includes accommodation, transportation and other inclusions as per the published itinerary. In relation to bespoke packages, these include accommodation, transportation and other inclusions as per your specific written booking confirmation.

International and domestic airfares are not included. Airport/hotel transfers and meals are included only as specifically stated in your itinerary. Costs associated with passports, visas, vaccinations, travel insurance, meals not stipulated in your itinerary, emergency evacuation costs, gratuities, and all items of a personal nature are not included.

Price Surcharges

We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency fluctuations, fuel surcharges, or the imposition of new or amended Government charges.

We will not surcharge for currency fluctuations once full payment has been received by us.

Deposit

A deposit of $2,000 AUD per person, is required to secure your booking for your chosen tour. If your tour begins within 90 days, full payment is required to secure your booking.

The deposit is required for services associated with developing your private group tour, the processing and confirmation of your booking, any consultations with you on travel arrangements that we may provide to you, liaising with any third party providers (e.g. accommodation), and paying any deposits required by third party providers, and securing services. We begin providing these services as soon as your make a booking enquiry.

This deposit is fully refundable up to 90 days prior to the first day of your tour if, for any reason you or we cancel the tour. If less than 90 days prior to the first day of your tour, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).

For further information, please see Cancellation by You and Cancellation or Rescheduling by Us.

Please note, we may not hold any services for you until we receive payment of your deposit, or full payment as applicable, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

Final Payment

Payment in full must be received no less than 90 days before commencement of your trip. Some trips may require payment earlier or in additional instalments and this will be advised with the booking confirmation.

We will email you two (2) weeks and one (1) week before the final payment or additional instalment due date to remind you of a payment becoming due. You are responsible for ensuring that the contact details provided with your booking are accurate, and for updating us of any changes to those contact details. If we fail to receive a payment from you in cleared funds by the due date, then we will be entitled to consider this as a cancellation by you (see below). We will use reasonable endeavours to contact you by further emails or telephone to confirm the cancellation. However, we may proceed to action cancellation of all or some elements of your tour, as necessary to minimise financial loss to us or any third party providers.

For late bookings (bookings within 90 days of commencement of the tour), full payment is required at the time of booking. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.

Cancellations by You

COVID-19/Pandemics - New or changed quarantine/testing requirements or border closures

If after we confirm your booking:

new or changed quarantine requirements are in imposed by government authorities either in Tuscany, Italy or in your home state, territory or country and these remain in effect 60 days before commencement of travel arrangements booked with us; and
these new or changed quarantine requirements make it reasonably impractical for you to travel; then
you may give us written notice to cancel your trip not less than 55 days prior to commencement of the first arrangement.

If you cancel travel arrangements in these circumstances, then we will refund payments made by you less:

unrecoverable third party costs;
other unrecoverable expenses incurred by us in relation to your travel arrangements; and
a fee of $500 per person for a contribution towards fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation, work required to cancel all your travel arrangements, and in connection with the processing of any refund.

Cancellation prior to 90 days before your tour begins

If we receive written notice at least 90 days before the commencement of the tour, the cancellation fee is the deposit. This is to compensate us for:

a fair contribution towards work undertaken by us in relation to your travel arrangements until the time of cancellation, including work associated with developing the itinerary, securing services and generally servicing your booking, work required to cancel all your travel arrangements, and in connection with the processing of any refund;
unrecoverable third party costs; and
other unrecoverable expenses incurred by us in relation to your travel arrangements.

Cancellation less than 90 days before your tour begins

If we receive written notice of cancellation less than 90 days prior to the commencement of the tour, cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:

any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements, which we cannot reasonably recover; plus
a fee which is equal to the deposit to compensate us for:
- work performed prior to your cancellation, including work associated with developing the itinerary, securing services and generally servicing your booking; and
- our loss of expected profit; plus
a fee, which is the greater of $200 and 5% of the booking value, to compensate us for processing the cancellation and any associated refund.

Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.

You agree that these cancellation fees and charges are reasonable and required to protect our legitimate business interests.

Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries.

General

You agree that the deductions and cancellation charges specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

For all departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

Illness Preventing Tour Commencement or Continuation

If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:

an airline or other common carrier refuses you carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip

and you are consequently prevented from commencing or continuing your trip, then:

if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip, which will will be at your cost; or
if you have not commenced your trip, then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.

We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

Cancellations or Rescheduling by Us

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to:

natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels;
war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts;
epidemic, pandemic; and
any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

Force Majeure – Prior to travel

If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:

reschedule your travel arrangements (in whole or in part); and/or
cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).

If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less:

unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements;
overhead charges incurred by us relative to the price of the cancelled travel arrangements; and
fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Force Majeure – During travel

If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third party costs for cancelled travel arrangements only.

General

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.

We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.

Minimum Numbers

Some tours are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation.

Amendments by You

We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil. We reserve the right to charge an amendment fee of $250.00 to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.

Amendments by Us

Prior to travel

Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.

During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.

General

To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.

We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.

Unused and Denied Services

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.

If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances.

Client Names – Exactly as per Passport

For security reasons, we and our overseas suppliers require the names of all people participating in the tour to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue any documentation, then you will be responsible for any fees charged in addition to our own reasonable administration fees.

Travel Insurance

It is a condition of your booking that you are adequately insured for the duration of your trip (including any period of travel prior to you joining the trip as operated by us). We recommend comprehensive travel insurance to cover all activities to be undertaken as part of your travel arrangements with us, cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

Accommodation

We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.

Passports and Visas

It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.

Vaccinations

Tuscany Adventure Tours aligns its Covid-19 vaccination policy to any mandatory government requirements in your home country and Italy. This is so we can provide a safe environment (by mitigating health risks) for our staff, our contractors, our suppliers and their staff, and our other customers (as relevant). It also assists to protect the communities you will visit.

If your home country and/or Italian government authorities mandate that in order to travel from your home country to Italy, you must be fully vaccinated against Covid-19 with an approved vaccine, you agree to provide us with evidence of vaccination at least 14 days prior to the commencement of travel arrangements booked with us. You acknowledge that it is your responsibility to ensure you complete any required pre-travel testing (such as returning a negative PCR test result).

If you fail to provide evidence of vaccination by the time required or complete the necessary pre-travel tests should either be required, then you acknowledge and agree that this will be deemed a cancellation by you. Please refer to the “Cancellation by You” section above.

Health and Fitness

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice.

If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.

We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.

We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

Cycling participant

If you are a cycling participant, it is a condition of your booking that you provide an assessment of your medical condition from a qualified medical practitioner on a form as prescribed by us or as is otherwise reasonably acceptable to us. If no assessment is provided or if the assessment indicates that you are not fit to conduct the rides or that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. You acknowledge that this will be deemed a ‘cancellation by you’ and that cancellation fees will be applied in accordance with the cancellation fee provision as specified above.

Non-cycling participant

If you are a non-cycing participant and you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.

General

You must notify us of any changed medical conditions and you must provide an updated medical assessment upon our request.

Dietary requirements

Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

Image Release

When on a tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.

Independent Services

We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.

Bikes and Bike Maintenance

If you are a cycling participant and riding your own bike, you hereby confirm and acknowledge that the bike shall be suitable for your trip, well maintained and in good condition and you shall be solely responsible for assembling, repairing and maintaining your bike during the trip and for all such damage, loss and theft of the bike on your trip.

If you are a cycling participant and are not riding your own bike, it is a condition of your booking that you hire a bike from us, and in this regard you agree to enter into our standard Bicycle Hire Agreement. Please contact us for a copy of the Bicycle Hire Agreement.

Acceptance of Risk

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your tour, the activities undertaken on your tour or the visiting of destinations which present geographical, political or cultural risks and dangers.

You acknowledge that you are separately required to agree to our standard Risk, Responsibility & Waiver Form (Form) as in effect from time to time. You acknowledge that under this Form you will be required to accept certain risks, undertake responsibilities and waive certain claims you may have against us in connection with your participation in the cycling and other elements of the tour. If there are any inconsistencies between the Risk, Responsibility & Waiver Form and these Terms and Conditions, then these Terms and Conditions will prevail, but only to the extent of the inconsistency.

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT), or other governmental agency as applicable to your home country, relevant to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT (or other applicable governmental agency) guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.

Responsibility

Services supplied by independent suppliers

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to hoteliers, independent transport companies (i.e., vehicles not operated by us), restaurants, bike hire companies, vineyards, water sports operators, and golf clubs.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.

Services we directly supply

To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.

General liability limitation

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.

Authority on Tour

When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

Complaints

In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.

We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.

Deemed Acceptance

If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

General

The contract between Tuscany Adventure Tours and you is governed by the laws of the State of Victoria, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles and our Privacy Policy.

Updated: April 2023