Via Del Vino, LLC offers Food and Wine Tours in Italy.  The terms “we”, “us”, “our” and “Via Del Vino” refer to Via Del Vino, LLC.  “Participants”, “you” and “travelers” refer to the individuals who book and/or embark on a tour with us. The Agreement describes what you are legally entitled to expect from us when you book your tour, in addition to important obligations you enter into that affect your legal rights. It is of vital importance that you read everything we provide in its entirety. If you do not agree to these Terms and Conditions, please do not purchase tickets or book tours with Via Del Vino. Please print a copy of this Agreement for your records.

1. Booking Terms. To start a booking, you need to agree with these terms and conditions and pay the tour deposit, or pay in full.  Online Reservations can only be made with a valid credit card, debit card, bank transfer or ACH payment. You agree that your credit card will be charged immediately when making the reservation. Your credit card statement will reflect “WT* Via Del Vino…”  or “Via Del Vino” for all charges. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company. You agree not to initiate a chargeback against us.  
   
   If we do not receive any payment due in full at the time it’s due, we reserve the right to treat your booking as cancelled by you in which case the refund policies set out below will become applicable.  Reservations are non-transferable. 
   
   Half Day Tour Booking Policies: To reserve your spot on a half day tour, the full tour price, plus any applicable fees and taxes are due to Via Del Vino at the time of booking. 
   
   Private Tours, Group Culinary Excursions & Custom Itinerary Booking Policies: A per person deposit of up to 25% of the total tour amount is due to Via Del Vino at the time of booking. The deposit is non-refundable except where noted.  The balance is due no less than 60 days prior to the commencement of the tour and is non-refundable for cancellations made less than 60 days prior to departure. If the services are being booked less than 60 days prior to the commencement of services, payment in full is required and is non-refundable.
   
   
2. Cancellation & Refund Policy. Due to the attention and organization that goes into each tour, please take careful note of Via Del Vino cancellation policies. Cancellation requests must be communicated to the email address listed in your confirmation email. Via Del Vino retains the right to issue refunds at Via Del Vino’s discretion due to special circumstances. No refunds or credits will be allowed for any unused tour services. In the event of any participant’s delay to join the tour, no refunds will be offered for any activities missed.
   
   Half Day Tours: Cancellations made at least 24 hours prior to the scheduled tour departure time are fully refundable. Cancellations made less than 24 hours before the tour date are non-refundable and can only be rescheduled subject to availability. Tours run regardless of weather conditions.
   
   Private Tours, Group Culinary Excursions & Custom Itineraries: The initial deposit of up to 25% of the total tour amount is due at the time of booking and is non-refundable.  The balance is due no less than 60 days prior to the commencement of the tour and is non-refundable for cancellations made less than 60 days prior to departure. No credits will be given. 
   
   If you are booking a private, custom tour, please note that when one or more travelers (but less than the whole group) cancels, it will, more than likely, affect the package price for the remaining members of the group. Company will notify the remaining travelers of the increased ticket price and the total amount due at that time.
   
   
3. Hotel Accommodations. The hotels provided are as specified on the itinerary that Via del Vino provides. Should it become necessary, Via Del Vino reserves the right to make substitutions within the same standard or best available. There will be no price adjustments for any necessary substitutions. Unless requesting and paying for a room upgrade, special requests such as smoking, type of bed, etc. will be at the discretion of hotel management. The assignment of rooms will be done on run-of-the-house basis within the room category paid for. There will be no partial refunds for unused accommodations. Due to early morning flight arrivals, please note that hotels may not be available until early afternoon. Unless otherwise stated, all hotel taxes and service charges are included in our pricing.
   
   
4. Food & Beverage. All meals and wine, when included, are as specified. The choices are previously arranged by Via Del Vino. Any additional items ordered a-la-carte or outside the previously arranged menus and drinks selections, are at the expense of the tour participant. Our tours are intended to provide a typical cultural, enogastronomic experience, therefore it is not always possible to accommodate special meal requests. However, if there are any dietary restrictions, please advise at the time of booking so that Via Del Vino may make the appropriate substitutions to menus wherever possible. No other substitutions will be allowed for any other reason at the time of the meals. Via Del Vino will not be responsible if specified choices are not available at the time the services are rendered. No refund will be provided for unused meals.
   
   
5. Transportation. All transportation to sightseeing sites, festivals, meals, etc. are as specified on the itinerary by means of minibus or the most appropriate transportation vehicle for the area and the number of participants. Any other transportation required that is not specified in the itinerary inclusions will be the responsibility of the passenger. Via Del Vino will make reasonable efforts to assist but cannot guarantee successful arrangements for any other transportation needs outside of the transfers included with the tour. In the event a participant is delayed and is unable to attend any part of the tour, Via Del Vino will assume no responsibility in providing transportation to or from the designated site of the activity.
   
   
6. Charter Van & Bus Supplier/Operators. Charter van and bus companies are solely and exclusively responsible for the maintenance of their vehicles in safe operating condition, for utilizing safe operating practices, and the acts and omissions of their drivers. Any failures by the charter bus companies to implement the afore mentioned practices resulting in accidents or other situations leading to anxiety, inconvenience, travel delay, financial loss, lost wages, loss or damage to property, personal injury, or death are the sole and exclusive responsibility of said companies.
   
   Where the participant occupies a van or bus seat fitted with a safety belt, neither Via Del Vino nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
   
   
7. Conditions of Carriage. When you travel on an airline, ship, coach, or railway, the Conditions of Carriage of that transportation company apply, some of which exclude liability. These conditions are, in most cases, the subject of international agreements and copies of the agreements that apply to your group are generally available on each carrier’s website.
   
   
8. Not Included in Tour Pricing. Gratuities, in-room consumption, telephone charges, internet connection if not offered free of charge by the hotel, any other charges of a personal nature, and miscellaneous items not listed on the itinerary.
   
   
9. Children. Unless requesting a custom-designed program specifically created to include child-appropriate activities, Via Del Vino group culinary excursions and core wine programs are not appropriate for children. There are no children’s discounts available if children occupy their parent’s room or a separate room. Via Del Vino’s Food and Wine Half-Day Walking Tours can be adapted to include children. Where applicable, children’s discounts are reflected in the ticket pricing listed on the Site.
   
   
10. Additional Occupants. At no time while on the tour shall any participant allow another individual to join the tour by sharing room accommodations, tour arranged transportation, or activities. Only tour participants who have completed the required paperwork, signed the terms and conditions, and have paid the appropriate fee for participation, may join the tour (in any form).
    
    
11. Participant Conduct. You, as a participant, are expected to act responsibly and adhere to all behavior guidelines established by Via Del Vino and all suppliers.  We and the suppliers reserve the right to remove a participant from any trip if participant endangers themselves or others or disrupts the general well-being of the tour itself. In any such case, there will be no refund or credit.
    
    You accept responsibility for any damage or loss caused.  Full payment for any such damage or loss (reasonably estimated or precisely known) must be paid direct at the time to the accommodation owner, manager or supplier.  Participant indemnifies Via Del Vino for the full amount of any claim (including legal costs) made against Via Del Vino.  We are not responsible for any costs incurred concerning a participant removed from the tour.
    
    
12. Travel Protection Insurance. Via Del Vino strongly encourages you to purchase Travel Protection Insurance.  Such insurance, at a minimum, should cover Trip Cancellation and Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage.  You should expressly seek a policy that covers expenses related to COVID-19, such as quarantines, medical costs due to illness, etc. Via Del Vino recommends that you purchase a travel protection plan to help protect you and your travel investment against the unexpected. For your convenience, Via Del Vino offers travel protection through Travelex Insurance Services. For more information on the available plans or to enroll, go to www.travelexinsurance.com or contact Travelex Insurance Services at 800-228-9792 and reference location number 30-0294.
    
    Via Del Vino is not qualified or authorized to answer technical questions about the benefits, exclusions, and conditions of travel protection insurance. Via Del Vino cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker. No representation or description of insurance made by our staff constitutes a binding assurance or promise about insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by a travel insurer as it relates to COVID-19 or any other claim under a policy. Any insurance claims that may fall under a purchased insurance policy must be submitted to the insurance company identified in the policy directly by you.
    
    Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection insurance coverage would otherwise have been available.
    
    
13. Medical Insurance. Please check with your medical insurance carrier in your home country to make sure that your medical insurance covers you while traveling to foreign countries to the same extent that it does at home, including for medical expenses related to COVID-19.
    If you do not have medical insurance coverage in your home country, or if it only covers you on a limited basis or not at all while outside your home country, you should purchase a “travel medical insurance” policy to cover medical expenses for the duration of your tour. You should expressly seek a policy that covers medical expenses related to COVID-19.
    
    
14. Travel Documents and Destination Conditions. Traveler assumes complete and full responsibility for, and hereby releases Via Del Vino and its members, employees, officers, agents, and designees from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions, at such destinations, during the length of the proposed travel.
    
    
15. Health Immunizations. Italy does not currently require documentation of immunizations to enter the country, however, should that change for any reason, we shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing in Italy. For U.S. travelers, check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel relating to health issues related to travel. 
    
    
16. Pre-Existing Medical Conditions/Disabilities. It is essential that you advise us before booking if you or any participants in your travel party have any disability or pre-existing medical condition which may affect their tour, or if there are 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. Via Del Vino 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 participant requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and we do not have wheelchair accessibility. We and our suppliers are, unfortunately, unable to offer additional assistance to participants with limited mobility and all such assistance will need to be provided by whoever the participant is traveling with. You must notify us 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 the participant provide a letter from your doctor confirming the participant’s fitness to travel. Furthermore, by commencing the tour, you warrant that you are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement.
    
    
17. Risks & Release of Liability Related to COVID-19. You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regard to the risks of COVID-19. We have no responsibility for COVID-19-related requirements that accommodations and governments may impose from time to time, such as health affidavit forms, health screenings prior to departure or upon arrival, face coverings, exclusions, closures, or quarantines. By traveling at this time, participant acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk for him/herself, that participant 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 booked your trip. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Via Del Vino.
    
    Participant acknowledges that due to the uncertainty of travel at this time, your trip may be postponed or cancelled, 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. You understand that you may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms in Section 2, for which we will not be liable.
    
    Participant agrees that due to uncertainty caused by COVID 19, Via Del Vino has strongly encouraged the purchase of travel protection insurance including cancel for any reason coverage if available, and that should you fail to purchase travel protection insurance, Via Del Vino shall not be liable to any losses howsoever arising.
    
    Participant, for yourself, and on behalf of your heirs, assigns, personal representatives and next of kin, hereby release, and hold harmless Via Del Vino, its members, officers, agents, and/or employees, suppliers, and other tour participants, 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 other loss you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, whether arising from negligence or otherwise to the fullest extent permitted by law.
    
    
18. Force Majeure. “Force Majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
    
    We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to Force Majeure.
    
    Please note that it is not a requirement for tour operators, including Via del Vino, to cancel your tour due to alerts or warnings issued by the United States State Dept., Centers for Disease Control, World Health Organization or any other entity.
    
    In the event of a Force Majeure cancellation, we shall immediately notify all vendors and suppliers of the need to cancel and take all commercially reasonable steps to secure refunds. Some suppliers may choose to offer future travel credits which will be made available to your group. Via Del Vino can reschedule the tour for the following year, but additional costs that would be paid by the participant may apply.
    
    
19. Assumption of Risks of Travel. Your participation in the tours is at your own sole risk.  Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motorcoach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are dangers involved, and hereby agree to accept any, and all risks.
    
    As lawful consideration for the agreement with Via Del Vino to participate in said tours you will not make a claim against Via Del Vino, its related companies or its personnel, or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating on the tour.
    
    For U.S. participants looking for information related to travel risks we recommend going to the State Department travel website at www.travel.state.gov.  For medical and health information we recommend going to the Centers for Disease Control website at www.cdc.gov/travel.
    
    
20. Waiver and Release of Liability. You, on behalf of yourself and/or any person or entity claiming through or on your behalf, hereby forever and unconditionally release and discharge Via Del Vino, the Via Del Vino’s related and affiliated entities, the present and former employees, owners, officers, members, managers, partners, contractors, insurers, representatives, designees, and agents of the foregoing (including, without limitation, Susan M. Guerra, WeTravel, or any other third-party booking site) (collectively, “released parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, your participation in the tours. Via Del Vino is not responsible for any injury, death, postponement, delay, or damage to person or property in connection with your travel accommodations, activities, and overall tour.
    
    We do not warrant facilities and their accommodations.  It is your personal decision to join the tour and you are doing so with full knowledge of current travel accommodations and travel restrictions with regards to the risks.  Any additional expenses incurred as a result of any of the above are your responsibility.  You expressly assume all risks and dangers associated with your travel and you hereby release, discharge and hold Via Del Vino, and our agents and subcontractors harmless against any and all liability, actions, causes of actions, claims and demands of any kind whatsoever which you now have, or which may arise out of or in connection with any of these risks or dangers. Under circumstances where liability cannot be excluded, such liability is limited to the value of the amount paid by participant for the tour. You specifically agree that we are not liable for any consequential loss or damages.
    
    
21. Use of Likeness. We reserve the right to take photographic and/or video and audio recordings of Participants on any of our tours.  You agree that Via Del Vino may use any such photographic and/or video and audio recordings for promotional and/or commercial purposes on Via Del Vino’s website, WeTravel website, the internet, social media, and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose used by or representing Via Del Vino. Participant shall not receive compensation for use of Participant’s likeness.  Participant assigns Via Del Vino all right, title, and interest in or to all media in which their participants name or likeness might be used.
    
    
22. Electronic or Handwritten Signature: Both parties agree that you may accept and agree to these terms electronically, by indicating acceptance by acknowledgement, by handwritten signature, by email acceptance of these terms or by your implied consent deemed by your actions, which shall include, without limitation, the payment of any invoice or transfer of credit card information for payment.  All such means constitute effective acknowledgement and execution of these Terms and Conditions, as fully constituted, and shall be sufficient to bind the parties to the terms herein.
    
    
23. Limitations and Governing Law: You agree to present any claims against us within 30 days after your tour ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the construction, validity, and performance of these Terms and any disputes between the parties shall be governed and construed according to the laws of the State of New Jersey without giving effect to its conflict of law principles, and any federal laws applicable therein.  Both parties submit to the exclusive jurisdiction of the courts of Essex County, New Jersey with respect to any legal proceedings relating to these Terms and Conditions.
    
    
24. Entire Agreement: This Agreement constitutes the entire agreement and there are no oral or other representations regarding the subject of this Agreement that are binding.  All changes to this Agreement must by in writing, signed by both parties. It is understood and agreed that e-mail correspondence shall not constitute “a writing” unless explicitly agreed to.
    
    
25. Severability: The terms of this Agreement are severable such that if any term or provision is declared to be illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable.