Updated July 10, 2024
BOOKING TERMS AND CONDITIONS
At Travel Beautifully Media Inc., (referred to as “TBM”) the operator of Italian Fix, we have certain systems, methodologies and a code of conduct we adhere to so as to maximize guest enjoyment and to allow us to operate efficiently as a provider of international tours.
You are making a booking with Travel Beautifully Media Inc., a British Columbia corporation. This document has legally binding agreements so please read in full. In consideration of being permitted to participate as a tour member of TBM’s trips (referred to as “trip” or “tour”), you are agreeing to the following terms and conditions by accepting a place on a tour and signing this agreement. All travelers must be 18 years or older to travel unless expressly stated otherwise.
Section I: Tour Participation — Conduct
Guide Roles: On your tour, the guides will be managing several different guest personalities, dietary preferences, life experiences, sleep patterns, and natural rhythms. Their work is to facilitate travel logistics, to ensure your comfort, and to be a cultural reference point, and they are responsible for coordinating included meals, transport, activities and day trips, all in an artful and professional manner.
Service Providers: While traveling with guides is a great plus for any visitor to Europe, it is important to remember that they do not have control over other service providers. We have developed great relationships with our providers over the years, and our guides are professional and experienced in navigating travel ins-and-outs, but it is important to remember that “travel stuff” can still happen, and is par for the course when visiting this part of the world. Restaurants can be slow, trains can be cramped, air conditioners can be broken, unexpected traffic can cause schedule delays.
Group Activities: All group activities are included in the price of the tour, but they are all optional, so you are welcome to skip individual activities or entire days if you like.
Transportation: Ground transportation within the daily schedule is included. We will travel in private vehicles and on public transportation. You may experience discomfort because of motion sickness, congested public transport, and heat. If you are prone to motion sickness, please place yourself at the front of any cars and buses, and inform your guides so that they can help to make things more comfortable for you.
Amenities and Hotels: Beds in Europe, pillows in Europe, room sizes in Europe — these are all things we wish we had control over, but unfortunately our reach is limited to what is actually available. Our guides will do everything in their capacity to make sure you’re comfortable, but only so much can reasonably be done in any one hotel. Because we strive to provide our guests with the most characteristic and unique accommodations available, our hotels tend to be smaller establishments — they are not chain hotels where everything is uniform. As such, size and style can vary greatly from room to room in any one establishment. In some destinations on some tours, guests or guides may be divided amongst two different hotels. We do our best to be fair to all of our guests, and to make sure that everything balances out, but please expect there to be differences between your room/hotel and your fellow guests’ rooms or hotel — it is simply impossible in the destinations we stay at for everyone to get exactly the same thing.
Class of Tour and Hotels: Hotel classes in Europe are not what you may be used to in your home country. Hotels in Europe work on a 1-5 star system, and this denotes the amenities available to you. Our hotels are generally located in older, historic buildings that don’t allow for expansion, so their rooms may seem small. Chain hotels in newer buildings away from historic centers are able to offer larger rooms, but we deliberately avoid sourcing accommodations like these because they are not compatible with the Italian Fix aesthetic and experience we aim to provide for our guests. You have booked an excursion with a mid-range tour operator. We are not luxury, nor are we a budget travel company. Hotels on our tours are generally but not always 3 and 4 stars and they are chosen to balance value with service and location. If 24-hour reception, room service and porters are non-negotiable requirements for your travels, please decline your booking with us.
Dinner Table Etiquette: Politics, world events, religion, personal opinion can make for hot dinner conversations. Should you choose to chat about these topics, please remember that others might not share your viewpoint. We all want to feel welcome at the dinner table and we expect participants to keep dinner table conversation amicable as you would in a group of strangers.
Drug and Alcohol Policy: We do not condone drug use of any kind and also strongly encourage participants to consume alcohol responsibly. Knowing your personal limit is part of the dinner table etiquette expected of you while traveling within a group.
Punctuality: Please be punctual for meeting times set for the group by the guides.
Issues on Tour: If an issue arises for you during the tour, please alert the guides directly. They are there to listen to you, to do what they can to attend to the issue at hand, and to solve it to the best of their abilities. We request that should an issue arise for you on tour, you have a private conversation with one of your guides. This etiquette is in place to protect the other guests, who might not be having the same experience as you. Over the years, we have learned that when one guest openly voices a dislike, it puts the other guests into problem-solving mode on that guest’s behalf. Guides are the ones tasked and paid to solve problems, not other clients, and so we ask for the benefit of all clients on the trip to kindly keep this in mind.
All Italian Fix Tours are Physically Active: This is an essential part of the Italian Fix tour experience. We may be walking more than what you are accustomed to, on a daily basis, and the terrain we visit is often steep, uneven and without elevators. All participants must be capable of fully and happily participating — without any assistance — in the following levels of activity:
Trip cancellation insurance, which covers expenses related to you being unable to travel, is highly recommended. Trip cancellation insurance may be your only recourse to receiving reimbursement for non-refundable expenses should your trip be canceled, postponed, interrupted, or rescheduled, for any reason, whether by TBM or by you. You are responsible for understanding the specifics of your travel insurance policy, including that there are no exclusions that would limit the coverage that you might reasonably need. If you have insurance coverage already, please check your insurance policy to see if it provides the coverage described above. It is your responsibility to verify your insurance policy details with your insurance provider to ensure TBM's policy requirements are met, and your needs to be reimbursed for non-refundable expenses are met.
Section IV: General Group Travel, Including Modifications to Proposed Trip Itinerary:
Modifications of Tour: We reserve the right to modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of guests, including the right to replace guides, accommodations, modify the order in which places are to be visited, make substitutions for planned activities (like a boat tour if the weather is bad). By traveling with us you acknowledge that changes can be made without prior notice due to local events, illness, strikes, disputes, weather, and other unforeseeable factors. TBM shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement. Note that if we alter, modify, postpone, or reschedule your tour or offer you a credit, such action does not constitute a “cancellation” of your tour by us.
Guides: Guides can work solo, in pairs, be swapped up in the middle of tours for illness, be replaced the day before because of logistics. Company founder, Bianca Gignac, is not scheduled on tours and we make no guarantees for particular guides, although we try to place the best guides on the best routes for their skillset.
Removal from Tour: TBM reserves the right to remove you from a tour if your actions are deemed incongruent with group travel. The decision of the lead guide is final and expenses associated with being removed from a tour are at your own expense. The Conduct is explained under “Section I: Tour Participation — Conduct”.
Medical Conditions and Allergies: It is recommended that you accurately disclose all relevant personal medical and allergy information to TBM so guides are aware of issues that could affect your health while traveling or should you be hospitalized. You are responsible for assessing whether any particular activity is suitable for you given your unique circumstances. TBM does not provide medical advice. TBM reserves the right to deny you permission to participate in any aspect of a trip at any time if TBM determines, at its sole discretion, that such participation would endanger yourself or others.
Health and well-being: Should you become injured or fall ill on the trip, please let your guide know immediately so that we can get you medical attention right away.
Visas and Passports: All passengers traveling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take time, so check your passport now and allow yourself plenty of time before your departure date to obtain travel documents. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of Italy. Visa and entry documents must be obtained independently. Non-U.S. citizens must consult with appropriate consulates to determine if any visas are needed.
TBM is not responsible for providing you with specific visa and passport information or documentation, or for any fees associated with obtaining these documents, and TBM cannot and does not accept liability whatsoever for any passenger refused entry onto any transport or into any country due to failure by the passenger to carry correct documentation or adhere to specific entry and exit requirements.
Consent to Use of Photos and Videos: During any trip, photos or videos of you may be taken by TBM or other tour participants. You consent to such pictures or videos being taken and grant TBM a perpetual, royalty-free, worldwide irrevocable license to reproduce and publish such pictures and videos on its website or in any other medium (including for marketing and promotional purposes), without any obligation owed to you or any compensation payable to you.
Privacy Policy: We are required to collect certain personal information to deliver our tours, and will not sell or rent your information. You understand that travel with us requires us to collect some personal data from you, and adhere to local laws, such as submitting passport information to hotels.
Validity of Digital Signature: Upon us confirming your participation in a tour, you will be emailed a link to a PDF of this agreement. You may choose to download and read the paper agreement if you print it. You understand that a paper copy is available for you to read, and you have chosen to sign a digital copy of this agreement.
General: These Terms are effective and binding on your heirs, next of kin, executors, administrators and representatives in the event of your death or incapacity. These Terms are governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction and any litigation arising from these Terms shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia, Canada. If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision of these Terms will in no way affect the validity or enforceability of any other provision.
Updating of Terms and Conditions: We occasionally update our terms and conditions and reserve the right to amend them. Any amendment will take place 7 days after posting to our website. We will also email you a hard copy when you register for one of our tours. Should our T&C change mid-season, we will inform you in writing.
Merger: The matters contained in this agreement supersede all previous agreements and negotiations.
Section V: Release of Liability, Waiver of Claims, Assumptions of Risk & Indemnity Agreement
WARNING: READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTIONS OF RISK AND INDEMNITY AGREEMENTS HAVE HELD UP IN CANADIAN COURTS. BY SIGNING THIS DOCUMENT YOU ARE ASSUMING PHYSICAL, FINANCIAL, AND LEGAL RISKS AND WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH HAVE POTENTIAL FINANCIAL IMPLICATIONS FOR YOURSELF AND/OR YOUR FAMILY SHOULD YOU BE INJURED, INCAPACITATED, OR KILLED WHILE PARTICIPATING ON A TRAVEL BEAUTIFULLY MEDIA INC. TRIP. BY SIGNING THIS DOCUMENT, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND CLEARLY THAT TRAVEL OUTSIDE OF YOUR COUNTRY OF ORIGIN MAY HAVE INHERENT RISKS AND YOU FULLY ACCEPT AND ASSUME SUCH RISKS.
TO: Travel Beautifully Media Inc. (“TBM”), and its directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the "Releasees")
In consideration of the Releasees allowing me to participate in trip activities (as defined below) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. Definitions
This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnifying Agreement is hereinafter referred to as the “Agreement.”
The term "trip activities" means all activities related to your visit to Italy facilitated by TBM, including, but not limited to, international travel, travel or movement by aircraft, train, water taxi, ferry, helicopter, automobile or other vehicle (including motorcycles and scooters), hotel stays and other accommodation, physical activities with and without instruction including hiking, swimming, walking tours (on various terrain including uneven surfaces), consumption of meals and alcoholic beverages and all activities incidental to those listed above.
2. Assumption of Risks
I UNDERSTAND THAT TBM will not permit me to participate in any trip activities unless I sign this Agreement, and that this Agreement applies to any trip activity whether occurring in the near future, or distant future, and that the terms of the Agreement need not be brought to my attention each time I participate in any trip activity in order to be effective.
I UNDERSTAND THAT risks are inherent in the very nature of the trip activities and international travel and that participating in trip activities may expose me to known and unanticipated risks, dangers, and hazards. Such risks, dangers and hazards may include, but are not limited to, damage to or loss of property, serious physical or emotional injury, paralysis and death as a result of the following: a) criminal acts by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest, natural disaster, extreme weather conditions, exposure to polluted or contaminated water; b) transport in trains, taxis, ferries, water and land vehicles; c) alteration, delay, extension or cancellation of the trip activities due to natural disaster, civil unrest, war, terrorist attack, medical quarantine, or any other disturbances or causes, and including but not limited to guide’s sickness or inability to guide; d) unavailability of life saving services or immediate medical attention; e) my own physical condition and my own acts or omissions, f) my own failure or that of other trip participants to follow instructions of TBM guides; g) negligence of trip participants or any other persons; h) becoming lost or separated from my party or guide; and i) the consumption of food and/or alcoholic beverages.
I UNDERSTAND THAT risks may result from human error and negligence on the part of persons, including the Releasees, involved in preparing, organizing, and leading/guiding trip activities, which could result in a failure to safeguard or protect me from the risks, dangers and hazards associated with trip activities. While I understand that TBM will make reasonable efforts to minimize exposure to known risks, I have a personal responsibility to, and shall, learn and follow all applicable safety rules and procedures and to make TBM’s representatives aware if at any point I question my knowledge of applicable safety rules or procedures or my ability to participate in any activity.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH TRIP ACTIVITIES AND, HAVING CONSIDERED MY OWN PERSONAL CAPABILITIES AND NEEDS, I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LOSS RESULTING THEREFROM.
3. Release of Liability, Waiver of Claims and Indemnity
3.1 I hereby agree to waive any and all claims that I have, or may in the future have, against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I, or any other person including my next of kin, may suffer resulting from my preparation for and participation in any trip activity, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Releasees, and also including the failure on the part of the Releasees, whether due to negligence or otherwise, to safeguard or protect me from the risks, dangers, and hazards referred to above. For greater certainty, I expressly acknowledge and agree that the Releasees are not responsible for any acts or omissions of third parties that may be engaged by any of the Releasees in connection with the provision of any trip activities.
3.2 I acknowledge that in accordance with the above and TBM's Terms and Conditions, trip itineraries are subject to change (either before or during the trip) and/or cancellation at the discretion of TBM, including due to weather, natural disaster, civil unrest, war, terrorist attack, a guide’s sickness or inability to guide, lack of participants, or if the quality of the trip or the safety of the travelers is judged to be compromised. TBM is not responsible for any incidental expenses or consequential losses that I may incur as a result of any changes to a trip or cancellation of a trip, including in respect of visas, vaccinations, non-refundable or non-transferable flights or other transportation tickets, non-refundable car parking or other fees, loss of earnings and loss of enjoyment.
3.3 I hereby agree to hold harmless and indemnify the Releasees from any and all actions, causes of action, suits, liabilities, costs, expenses, claims or demands whatsoever, including reasonable legal fees and disbursements relative to the same, at law or in equity, resulting from my participation or presence on any TBM trip activity, including in respect of any damage to the property of, or any personal injury including myself any third party.
3.4 I acknowledge that I have been advised to purchase medical and travel insurance for myself prior to my trip and agree to hold harmless the Releasees from any and all expenses related to first aid or medical treatment and/or evacuation of myself in the event of an accident, injury, or illness, including but not restricted to, ambulatory care, first aid, surgery and post surgery care, medication, and hospital care. I acknowledge and agree that all expenses associated with any medical treatments or rescue whatsoever and howsoever arising during or as a result of my trip to Italy with TBM will be my responsibility and will not be covered by the Releasees.
3.5 I, at my own expense, will defend and indemnify the Company TBM, its directors, officers, and employees from any third party claims or actions for loss, damage or liability, including reasonable legal costs, as a result of or in connection with my breach of this Agreement.
3.6 TBM shall not be liable for any death or injury to the Client, agents or associates, or for any damage or loss to equipment, personal property or other material in the course of travel with TBM or otherwise arising out of this Agreement. TBM limits its liability to the amount paid by me, for any and all legal claims against TBM initiated by me.
3.7 No waiver of any provision of this Agreement, including waiver of a breach of this Agreement, shall constitute a waiver of any other provision or breach of this Agreement unless expressly provided otherwise. No waiver shall be binding unless executed in writing. This Agreement may not be modified other than by a document in writing signed by duly authorized officials of me, the Client and TBM.
4. General
4.1 This Agreement shall be effective and binding on my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity.
4.2 This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
4.3 Any litigation arising from this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
4.4 If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision of this Agreement will in no way affect the validity or enforceability of any other provision.
4.5 I agree that I understand clearly that TBM is and shall be deemed to be acting for itself and as an agent on behalf of and for the benefit of the Releasees for the purpose set out in the above-stated clauses of this agreement.
4.6 I confirm that I am of sufficient age (18 years) and mental capacity to sign this Agreement.
4.7 I confirm that I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Agreement.
4.8 In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of trip activities other than what is set forth in this Agreement.
4.9 I have read and understood this Agreement prior to signing it, and I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releases.