The following terms and conditions (“Terms and Conditions”) apply to all organized vacations and related services (hereafter “TPV”) offered by The Perfect Vacations, Inc and Stylish Italy Journeys/SIJ /or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as “TPV”, “Perfect Vacation”, “we,” or “us”).
The terms “Service” or “Services” as used in these terms and conditions encompass: travel planning and consultation, cruises, air transport, ground transportation, hotels rooms or other lodgings, tours, car rentals, leisure or adventure activities, expeditions, and any other travel or travel related products offered, sold, recommended, or provided by TPV. References herein to “traveler,” “you,” or “your” shall apply to each and any of the following: the party participating in the offered vacation, their parent or legal guardian who accepts these terms and conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf, and/or the party who purchases the vacation or submits an in-depth travel survey to TPV. The term “Itinerary” refers to the particularized schedule for a vacation.
All bookings of vacations are also subject to any terms and conditions of the suppliers of the travel Services which are incorporated in a particular vacation. By placing an order with TPV, you agree to abide by the terms and conditions of the applicable suppliers without reservation, and to be bound by the limitations therein. If the supplier’s terms and conditions are ever in conflict with the terms and conditions of TPV’s will control all issues relating to the liabilities and responsibilities of TPV.
Please read these terms and conditions carefully, and ask us any questions you have before you agree to be bound by them. All customers of TPV acknowledge that they have taken note of these terms and conditions before making a booking, or submitting an in-depth travel survey, and have accepted the same by placing a mark in the box indicating that the Terms and Conditions have been read and accepted by them and all travelers they are purchasing vacations, or submitting in-depth travel surveys, for (if applicable). Without this acceptance, the processing of an order is not technically possible. Therefore, by placing an order with TPV, or submitting an in-depth travel survey, you agree to abide by these terms and conditions without reservation and to be bound by the limitations herein.
1. Area of Application. The terms and conditions may be amended or modified at any time, without notice, on the understanding that such changes will not apply to vacations booked prior to the amendment or modification. It is therefore essential that you consult and accept the terms and conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with TPV or reviewed our terms and conditions.
2. Reservations. To reserve a space on any Vacation, Traveler must submit:
- i. An Initial Deposit of $XXX per person
- ii. The balance of the Vacation Price (the “Final Payment”) is due XXX days prior to departure.
3. Prices. Our prices are contractual tariffs. No claim relating to the price of the vacation will be considered once the reservation has become effective.
Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price: items of a personal nature such as incidentals and laundry, excess baggage charges, foreign government departure taxes, costs of passports or visas, inspection fees, customs fees, immigration & naturalization fees, service fees, travel insurance including health, accidents, lost baggage & trip cancellation, airport parking, gratuities, national & international airport charges, single room supplement (all prices advertised on our site are based on double occupancy unless stated otherwise), infant charges which must be paid direct to the hotel on the spot, any other activities or items not explicitly advertised as included in the price of a vacation in the description of the offered vacation
4. Cancellations and Alterations Policies. Suppliers list their cancellations and alterations policies in their brochures or on their websites. The Perfect Vacation’s policies are listed below. All charges are in addition to those of those charged by the provider of the Services cancelled or altered.
Changes or Cancellations attributable to You
Changes: Once the itinerary is confirmed, any subsequent changes will incur a charge of US $75.00 per booking per change, payable to TPV, and subject to higher fees depending on the complexity of the changes.
Cancellations: A Cancellation fee of $75.00 minimum, per booking, will be imposed on each travelers for any cancellation of services after an initial deposit is paid. TPV reserves the right to treat as cancelled any vacations that are not paid for in full by the date final payment is due. Please note that a no-show traveler forfeits all deposits and payments made to TPV.
Notice: All cancellations or changes (where permitted) must be requested in writing via e-mail to: XXXXXX or via certified mail, return receipt requested, addressed to:
The Perfect Vacation
Changes to your itinerary attributable to TP
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable services. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without charge provided that you notify us within ten days of your receipt of notice of the change (or prior to departure date if notified less than ten days prior).
- Cancellation for reasons attributable to TPV
In the event of complete cancellation by us, our only liability will be limited to a refund of all monies paid. TPV is not responsible for additional expenses incurred by travelers in preparation or anticipation of their Trip (i.e. medical expenses, insurance charges, etc.)
*California Residents only:
Upon cancellation of the transportation or travel services, where the traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the traveler, unless the traveler advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
5. Issuing Travel Documents. The method for issuing travel documents and/or tickets depends on the time available between the date of issue of tickets and your date of departure, and/or the type of Service. If a Traveler provides incorrect information, TPV does not assume any liability if the trip is adversely affected or made impossible by the non-receipt of travel documents.
Travel documents will only be sent to the purchasing traveler who places the order and personally agrees to these Terms and Conditions.
6. Travel and Cancellation Insurance. travel and cancellation Insurance is strongly recommended for all vacations. Traveler acknowledges that it is traveler’s responsibility to understand the limitations of the travel insurance coverage and purchase any insurance as needed. It is the traveler’s sole responsibility to research, evaluate and purchase any coverage. Traveler agrees that TPV is not responsible for uninsured losses.
7. Passports, Visas, Health Requirements, and Travel Risks. We will try our best to provide you with information regarding the necessary visas, passport, and vaccination requirements for your vacation, but it is ultimately traveler’s responsibility that to verify they have all the proper documents prior to travel.
A full and valid passport is required for all persons travelling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire vacation. All travelers are responsible for making TPV aware if they are not traveling on a U.S. passport.
Most out of country vacations require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their vacation.
If you try to enter a country where visa is required, and you do not have the visa, you can be imprisoned until there is an available flight to return you to your point of origin. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country’s website. We recommend that you check these before booking and shortly before departure as requirements may change.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release TPV from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. The Perfect Vacation does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
8. Accommodations. “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, quarters in cruise ships, camp grounds, motels, and resorts. TPV provides the accommodations for its vacations through third-party vendors. TPV does not guarantee the location or the amenities of the accommodations nor the performance of the third-party vendors. Accommodations are based on double occupancy. If you prefer single accommodations, you must pay a single supplement fee which will vary depending on the accommodation. Please contact us for specifics on the single supplement fees for each vacation.
9. Local Customs and Laws. Traveler will be traveling to a foreign country, with different customs, standards, laws and risks than those they are accustomed to in the US or any other country in the world. Traveler understands that he or she must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold TPV harmless for any such problems experienced while participating in their vacation.
All travelers must obey the local laws and regulations of the countries they visit on their vacation. TPV is not liable or responsible for any damages, costs and/or added expenses incurred as a result of traveler’s failure to obey any local, provincial or federal laws.
10. Legal Compliance and Proper Conduct. Traveler understands that their participation in a vacation may be terminated if traveler is disciplined by any civil or criminal authorities, or if TPV, in its sole discretion, determines that traveler’s conduct is incompatible with the interests, safety or welfare of other travelers or a service provider, their employees, or independent contractors. In this event, traveler is responsible for arranging and paying for substitute travel and accommodations.
11. Marketing Materials. TPV may occasionally use statements made by its travelers and/or their photographs, images, or other likenesses, in various marketing materials, on our website, or at one of our agency events. Traveler fully consents to such use of traveler’s statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to traveler and grants TPV a non-revocable license for said use.
13. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of TPV.
14. Severability and Survivability. If any provision, or portion of a provision, in these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these terms and conditions, or any general legal principles to the contrary, any provision of these terms and conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
15. Notices. Any notices required or permitted hereunder shall be given:
a. If to The Perfect Vacation, at:
The Perfect Vacation
b. If to Traveler, at the address specified by Traveller in their in-depth travel survey.
Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
17. Counterparts. The entire Agreement between Traveler and The Perfect Vacation may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
18. Limitation of Liability. IN NO EVENT SHALL TPV BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF THE PERFECT VACATION HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL TPV’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO TPV UNDER THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, TPV DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES, GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF TPV HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
19. Force Majeure. TPV shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond TPV’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of TPV or deemed by The Perfect Vacation to constitute a danger to the safety and well-being of the travelers. TPV reserves the right to cancel any services relating to the Itinerary due to Force Majeure.
20. Baggage and Personal Effects. TPV assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a vacation, or during a vacation.
21. Representations and Warranties. Traveler represents and warrants that traveler: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to TPV to facilitate traveler’s vacation is true and accurate. Traveler authorizes TPV to make any such investigations as TPV determines to be necessary, at their sole discretion, to determine traveler’s eligibility.
22. Indemnification and Release. Except as otherwise set forth herein, traveler hereby releases TPV from any and all liability, loss, expense, damages, or claims arising out of or resulting from traveler’s participation in a vacation, whether caused by the negligent, reckless, or intentional conduct of traveler, TPV, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless TPV from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against TPV regarding, resulting, or arising from traveler’s participation in a vacation or traveler’s performance of this agreement.
23. Medical and Physical Conditions; Medical Emergencies.Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their vacation. Traveler understands that in the event of injury to traveler, or exacerbation of traveler’s medical condition, TPV may not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to traveler, but traveler recognizes that TPV is not obligated to take action to facilitate or assist that treatment. Traveler releases TPV from any liability relating to any such medical care, whether secured by TPV on behalf of traveler or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
24. Entire Agreement; Waiver; Modification: These terms and conditions, constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. TPV does not guarantee it will take action against all breaches of these terms and conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.