Terms and Conditions
1 Your Contract
All bookings are made subject to both Top Italy Travel's terms below and the specific booking conditions of your relevant Travel Supplier(s). It is your responsibility to ensure that you have read, understood and agree both prior to booking.
1.1 Travel Suppliers
1.1.1 Top Italy Travel act as an interface between you and various third party suppliers of travel services ("Travel Suppliers") through which you can book any product(s) you choose as a result of the searches performed through our website. Travel Suppliers include, among others, tour operators, airlines, hotels, hotel chains, bed banks, accommodation aggregators, flight providers, airport transfer providers etc.
1.1.2 When Top Italy Travel process your booking the contract for the travel services you choose will be between you and the Travel Supplier. The Travel Suppliers' Booking Conditions will apply to your booking and you must agree them before Top Italy Travel can process your booking request.
1.1.3 Top Italy Travel, accept no responsibility or liability for the acts or omissions of, or services provided by, Travel Suppliers. We advise you to read their Booking Conditions carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
1.2 Top Italy Travel act only as a consultant
1.2.1 Where we act as your consultant there is an agency contract between us. Our basic obligation under this contract is to act on your behalf with reasonable skill and care.
1.2.2 You authorize Top Italy Travel, at our sole discretion, to cancel on your behalf and in your name, on the basis that Top Italy Travel are instructed by you, your bookings placed via a bed bank and place your booking directly with the hotel if we believe it is in your best interest to do so. We will be responsible to you for any loss you may suffer as a result of such cancellation and rebooking.
1.3 Individual Travel Products
1.3.1 Top Italy Travel is not a tour operator, which means we neither arrange nor combine nor package (as defined by Italian Law) travel products. We provide a search facility to enable your connection to those who do arrange travel products.
2.1 All hotels featured on our website advertising are booked through the Travel Supplier named on your paperwork. Although we cannot check every one of these hotels every season, the ratings featured on our website advertising are the hotel's own ratings and are based on the official tourist board ratings. All hotels do represent excellent value for money within their ratings and any that receive an unreasonable proportion of complaints from our customers are dropped from our website advertising.
2.2 If you have a complaint while you are staying at your accommodation you must inform the accommodation's management immediately in order to give them the chance to resolve the problem. Failure to do so may affect your rights under the contract with the Travel Supplier and you may lose any right to compensation. If the issue is not resolved to your satisfaction, you should then contact the Travel Supplier's representative in the resort. If having followed these two steps your problem remains unresolved you should then contact us on the contacts received before departure.
2.3 We are happy to pass on any special requests you may have to the Travel Supplier or hotel concerned with your booking. Please note that while the hotel will make every effort to fulfill your requests they cannot be guaranteed. Special requests do not form part of your contract with them.
2.4 If you have any specific requirements when booking your holiday because you or any member of your party is disabled or less mobile, then you must ensure you have chosen and researched your hotel carefully. We can advise on the most suitable hotels for you party.
3 Payments, Changes and Cancellations
3.1 Prices and Arrangements: Quoted itinerary price includes planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of the date of payment of the 50% deposit.
Top Italy Travel reserves the right to increase itinerary prices to cover increased costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Top Italy Travel also reserves the right to withdraw an itinerary or any part of it, to make such alterations in the itinerary or with the itinerary inclusions as it deems necessary or desirable, and to pass on to itinerary participants any expenditures or losses caused by delays or events beyond its control.
If for any reason we do not receive payment, we may be required to notify the Travel Supplier(s). In such instances the Travel Supplier(s) may take the decision to cancel your booking and charge the cancellation fees set out in the terms and conditions. In these circumstances you will be liable of a loss of all monies previously paid. Credit and debit card charges are non-refundable.
3.2 Deposit and Payment: A deposit of 50% is required at the time of booking. Final payment is due 60 days prior to departure. If your reservation is made within 60 days of departure, the entire cost of the trip must be paid at the time of confirmation.
3.3 Cancellation: All cancellations must be received in writing by e-mail.
Refunds for cancelled itineraries will be paid on the following schedule: for cancellations made more than 60 days from departure will be refunded 50% of the total tour price; 59-30 days before departure will be refunded 30% of the total tour price; less than 30 days before departure are nonrefundable.
3.4 Trip insurance, which provides cancellation coverage, medical coverage and protection against lost or damaged luggage, is not included in the tour price. Top Italy Travel strongly recommends that its clients purchase trip insurance.
3.5 Passports and Visas: Valid passports are required to travel to Italy. Please make sure that your passport is valid. It is strongly recommended to contact the Italian consulate for applicable passport and visa requirements.
3.6 Claims and Refunds: Refunds are not made for any missed services except for verifiable extenuating circumstances. Please see our Limits on Top Italy Travel 's Responsibility below.
For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the tour and be accompanied by supporting documentation verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals.
Top Italy Travel will not accept any liability for any claims that are not received within 30 days of the termination of a travel program.
3.7 Limits on Top Italy Travel’s Responsibility: We (Top Italy Travel) have arranged these itineraries through independent providers who have no legal affiliation to us. We do not own or operate the equipment, vehicles or facilities used during these itineraries and assume no responsibility for the negligent act and/or omissions of the provider. In addition and without limitation, Top Italy Travel is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
3.8 Travel Advisories: It is the responsibility of the traveler to become informed about the most current travel advisories and warnings.
3.9 Travelers Representations: You (the participant) assume all risks associated with participating in a Top Italy Travel itinerary.
Itinerary may include walking and/or climbing in difficult terrain with steep ascents and descents. On a Top Italy Travel itinerary, you are likely to encounter uneven cobblestones, farmland, stairways without handrails, unpaved walkways, dirt roads, and stone steps. Some activities are not regulated by any industry safety standards and you assume all risk. You should come properly attired for any type of weather conditions that may exist. You are responsible for monitoring your own dietary restrictions and alcohol consumption. You are also encouraged to check with your health insurance provider to ensure that your coverage extends to international travel. All responsibility for product purchases made during a Top Italy Travel itinerary rests with you and the product vendor.
The participant represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to you or other participants of the itinerary. Top Italy Travel reserves the right to decline to accept anyone on a trip.
Top Italy Travel reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of others on the trip.
4 Release of Liability and Indemnification
4.1 You are aware of the risks associated with a Top Italy Travel itinerary and freely accept and fully assume all risks and the possibility of personal injury or loss resulting therefrom. You agree to hold harmless and indemnify Top Italy Travel from any and all liability for any personal injury or loss resulting from your participation in a Top Italy Travel itinerary.
5 Service Charges
5.1 In certain circumstances we apply a service charge for the services we provide. In the event that your booking is cancelled by the supplier Top Italy Travel reserves the right not to refund our service fees.
6.1 We draw your attention to the clauses of the Travel Suppliers' booking conditions relating to surcharging. These can be found before booking and through booking conditions. As your travel consultant we may be required to collect surcharges on behalf of the Travel Suppliers involved in your booking. These are additional amounts that a Travel Supplier may charge after you have booked, because costs have increased in the areas of transportation, including the cost of fuel; duties, taxes and fees; or exchange rates. Surcharges can vary and the amount will be advised to you in writing. Please see Travel Suppliers terms to understand their surcharges. Whilst Travel Suppliers do try to avoid them, surcharges can occur and a failure to pay any surcharged amount requested from you may result in the cancellation of your booking or a refusal to allow you to travel. We reserve the right to levy a €1 per person administration charge in addition to any charges we are being asked to collect by the Travel Suppliers.
7.1 The local authorities in certain countries may impose additional taxes (tourist tax, etc), which have to be paid locally (e.g. at the hotel). You are exclusively responsible for paying such additional taxes.
PAYMENT OF THE ITINERARY DEPOSIT CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN.
8 Data Protection
8.1 We take responsibility for ensuring proper security measures are in place to protect your personal information. The booking information that you provide to us will be passed on only to the providers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other serious transnational crimes.
8.2 If you travel outside the European Economic Area, data protection controls may not be as strong as in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to complete your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on request.
8.3 We may also contact you from time to time with details of any special offers we may have available.