Terms & Conditions
TERMS and CONDITIONS
I. PAYMENTS and PRICING
(i) The procedure for booking your DiVita Tour is set forth in your proposed itinerary and on our website. All bookings are subject to these terms and conditions including, without limitation, the Release, Assumption of Risk, and Binding Arbitration provisions. By your consent and approval must voluntarily and affirmatively signify your acceptance of, and willingness to be bound by, these terms and conditions at the time you complete your booking and pay your initial deposit for a tour.
Once DiVita Tours has received and confirmed your acceptance of these terms and conditions including, without limitation, the Release, Assumption of Risk, and Binding Arbitration provisions, as well as received and processed any applicable deposits and payment(s) due at the time of booking, we will confirm your arrangements with our suppliers and/or providers, and subject to availability of the requested tour arrangements, send you a confirmation invoice.
If a delay in receiving your acceptance of these terms and conditions and/or payment(s) prevents us from booking and confirming any part or feature of your tour, we may have to requote such part(s) or feature(s) and pass any associated additional costs on to you, subject to any remaining availability. You accept responsibility for any increased costs and charges and understand that all associated additional costs must be paid on or before the final payment deadline caused y any such delay.
Please check your booking confirmation invoice and all future travel documents carefully as soon as you receive them and contact us immediately if you think any component or detail of your tour is incorrect or inconsistent with your understanding. We cannot accept any liability or responsibility if we are not timely notified of any inaccuracies or other issues (for which we may be responsible) in any document within seven (7) days of our proving the same to you. We will do our best to correct, resolve, or clarify any mistake or issue raised beyond the applicable deadline but you pay any additional costs incurred in doing so, provided the mistake or issue can be rectified at all.
If for any reason you decline to accept and be contractually bound these terms and conditions including, without limitation, the Release, Assumption of Risk, and Binding Arbitration provisions, your booking will not be processed by DiVita Tours.
(ii) The deposit is the initial, partial payment for your tour. The deposit required will be shown on the quote page of your itinerary. In addition to the initial deposit, full or partial payment of certain elements of your trip may be required at the time of booking or at some point between the booking date and the final payment due date. (See, paragraph [iv], below.) Unless we cancel your trip, your deposit and any and all scheduled, interim payments are, as a general matter, non-refundable. (See, “If you cancel all or part of your tour, supra.)
Deposit – 35% of total tour price.
Upon booking of a DiVita tour.
Interim Payment – 35% of total tour price.
Ninety (90) days prior to tour departure.
Final Payment – 30% of total tour price.
Sixty (60) days prior to tour departure.
Please note if we do not receive all payments due (including any surcharge where applicable) in the required amounts and on time, we are entitled to assume, at our sole discretion, that you have decided to cancel your booking. In this case, we will be entitled to keep or collect all amounts paid or due for payment as of the date of such cancellation.
(iii) The Deposit and Interim Payment is required at the time of booking for all bookings made less than ninety (90) days but more than sixty (60) days before the scheduled tour departure date. Payment in full of the total tour price is required at the time of booking for all bookings made sixty (60) days or less before the scheduled tour departure date.
(iv) On occasion, we may be asked by suppliers and/or providers of certain key tour amenities and services to make payments to them earlier than normally required. Such requests may be made, for example, in order to secure accommodations or other tour components like prominent wineries or restaurants during periods of peak demand. Failure to comply with these requests may result in the loss of confirmed arrangements. Where this situation arises, we reserve the right to ask you to make such requested payments earlier than and prior to the Scheduled Payment II and/or Final Payment due dates. We endeavor to avoid having to resort to this practice whenever possible, but at times this is unavoidable. Please also be advised, that, any such early payment made are further, as a general matter, non-refundable. (See, “If You Cancel All or Part of Your Tour, supra.)
Prices and brochure accuracy
The information and prices shown in our brochures and/or itineraries may have changed by the time you come to book your tour. While every effort is made to ensure the accuracy of the brochures, itineraries and prices at the time of printing or when they are given to you, regrettably errors and/or changes do occasionally occur. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking. DiVita provides electronic quotes and honors pricing only for a limited time.
II. CANCELATIONS, CHANGES, OR MODIFICATIONS
Cancelation of entire tour prior to departure date
If you wish to cancel the tour within 30 day of purchase, your initial deposit is fully refundable. Written notification must be sent via email (with delivery confirmation), certified mail or overnight delivery. Please be advised that no notification from you delivered by email shall be valid and binding until acknowledged by DiVita Tours by return email.
DiVita Tours will follow the cancellation policy below as of the date the cancelations notice from you is received by DiVita Tours. DiVita Tours will also charge for any additions, concierge services, or amendment costs incurred by DiVita Tours as of the date of cancellation.
DATE OF CANCELLATION NOTIFICATION
Ninety (90) days or more from tour departure date.
35% of total tour price.
Between eighty-nine (89) and sixty (60) days from tour departure date.
70% of total tour price.
Fifty-nine days or less from tour departure date.
100% of total tour price.
Notwithstanding any other provision of these terms and condition including, without limitation, this provision regarding tour cancellation by you, and in recognition of the high cost of travel, and in keeping with our commitment to provide you with the highest possible level of customer service – even in the unfortunate event of cancellation – DiVita Tours may attempt, if practicable, and without incurring or giving rise to any obligation or responsibility whatsoever on the part of DiVita Tours to do so, to market and resell your “slot” in the tour cancelled by you to a new, “paid in full” participant. If DiVita Tours is able to successfully market, book, confirm, and receive payment in full from a new, replacement participant for the tour “slot” cancelled by you prior to the tour departure date, DiVita Tours will refund to you all payments made by you up to the date of your cancellation, less a $500.00 cancellation fee and any and all non-refundable charges or cancellation fees actually incurred by DiVita Tours from a supplier and/or provider of tour products or services as a consequence of the tour cancelled by you.
Cancelation of part of your tour prior to departure date
Because the tours are carefully crafted schedules for a 5 to 7 days period, there is no ability to cancel part of the trip.
Changes or modifications prior to departure
If you wish to change or modify the date of your tour after the date you have accepted these terms and conditions and already paid the deposit on your tour, DiVita can apply your deposit to another tour scheduled within 6 months of the scheduled tour date.
Changes or modifications after departure or during tour days
DiVita Tours has carefully crafted itineraries to ensure you get the most out of the experience. Tour groups range from 8 to 14 people, it is strongly suggested that clients follow the itinerary with group. If for some reason, you prefer not to follow the itinerary on any given day, DiVita will not issue any refund for any unused portion of a paid tour. Please keep in mind that DiVita’s concierge service can help arrange activities of interest before or after the scheduled itinerary, as well as spontaneous modifications.
Changes or modifications initiated by DiVita Tours
Occasionally, due to unforeseen circumstances, inherent with tourism travel DiVita may have to change itineraries or venues, and will strive to replace the published itinerary with experiences, and accommodations of equal or greater value.
Cancelation of a tour by DiVita Tours
DiVita Tours will only cancel your confirmed booking after the final payment due date where you have failed to comply with any material requirement of these terms and conditions entitling us to cancel (such as not paying on time), or where we are forced to do so as a result of “force majeure” as defined herein. We will not cancel after the final payment due date for any other reason.
We cannot and do not accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you suffer any loss, injury, death, inconvenience, theft, or damage, as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or reasonably avoid. Such events and circumstances may include, without limitation, acts of God, whether 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, epidemics/pandemics or the threat thereof, adverse weather conditions, fire and all similar events outside of our control or power to rectify.
Divita Tours advises participants to obtain travel insurance from their carrier of choice at the time of booking. It is strongly recommended that you and all members of your party are adequately insured, protecting against unforeseen circumstances that might otherwise spoil your travel including, without limitation, your tour provided by DiVita Tours. Coverage should include medical expenses and repatriation in the event of accident or illness. In addition, we also strongly recommend that you have coverage for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and cancellation. Please make sure you read and understand the coverage, conditions and exclusions of the particular policy before obtaining insurance.
Brochure and itinerary accuracy
DiVita Tours regularly checks and rechecks all the information that is included within our brochures and itineraries. Changes do occur, however, and errors are occasionally made. Should there be any change to the travel arrangements you have booked, we will do our best to keep you informed prior to departure. If you believe any information provided on your itinerary may be incorrect, or inconsistent with your understanding, DiVita Tours asks that you please contact them immediately to correct and/or clarify.
DiVita Tours will hold your name, address and other details you supply us with on our database. This information will be used to complete your tour arrangements and to send you information about DiVita Tours products and services, and for no other purpose, consistent with applicable state, federal, and international law. In order to make your tour arrangements we may need to pass some of your information details to companies and individuals providing tour services. We will not share your information with third parties for any other purpose. Please see full privacy agreement on our web-site.
III. HOTEL and VILLA ACCOMODATIONS
Italy is one of the countries in Europe that has a hotel class system regulated by the government. Although guidelines and specifications can vary from region to region in order to reflect local customs, practices, and economics, a 2009 decree outlines the following minimum standards that establishments should meet to achieve a star:
One-star rating - Customers should be able to expect that the front desk is staffed at least 12 hours a day. The standard size for double rooms should be 14 square meters. Staff should clean the rooms once a day and change the bedsheets once a week.
Two-star rating - A one-star hotel bumps up to a two-star hotel if it has an elevator and the staff cleans the sheets at least twice a week.
Three-star rating - A three-star Italian hotel contains features and amenities consumers can expect from a modern establishment: reception must operate 16 hours a day and the receptionists need to speak a foreign language; the staff and concierge need to be dressed in uniforms. Hotels of this rating must have a bar service and its rooms must have Internet and a bath.
Four-star rating - A four-star hotel must have its staff clean and reset the entire room once a day. This is usually done in the afternoons. They need to replace bedsheets and towels daily as well. The hotel must offer a laundry service. There must be as many parking slots as 50% of the total number of rooms. Room measurements also get upsized in this rating: a double room should be 15 square meters in size while the bathroom should be at least 4 square meters.
Five-star rating - Five-star hotels must have receptionists who can speak at least three languages. Reception should be open around the clock, 24 hours a day. Single rooms must be 9 square meters and double rooms must be 16 square meters to be considered as five-star quality.
Villas are not subject to the same star system in Italy as hotels. Very rarely, a villa DiVita Tours has reserved for you will be canceled by the owner. In this case, a similar or a better property will be offered to you. If the new villa is at a higher rate, DiVita Tours will pay the difference on your behalf. Your villa rental payment to DiVita Tours includes the base rental cost plus the VAT tax. All extra charges, mentioned in each villa description, are not included in the rental price and are to be paid to the owner of the property or to their representative upon departure. These extra charges can include; additional meals, dry cleaning, room services, spa amenities, villa concierge services, etc.
Hotel and Villa Complaints
The descriptions of all properties are made in good faith. DiVita Tours cannot be held responsible for changes carried out by the owner of the properties without notifying DiVita Tours. DiVita Tours villa properties are not hotels but private homes. Their equipment, furniture and characteristics reflect the local style, the taste of the owner and the Italian traditions (ex.: normally the coffee machine is the Italian espresso maker and not the electrical machine) do not reflect the standard grading used by hotels. Therefore, DiVita Tours will not consider these elements as a cause of complaint.
DiVita Tours reserves the right to verify, during the period of occupancy, the reasons of the complaint of our client, if necessary, by inspecting the property. If the complaint is accepted, DiVita Tours reserves the right to move the client to a similar or better property, based on availability.
If no property is available to move the client, DiVita Tours will refund the total rental. In no case DiVita Tours will pay hotel or other accommodation costs. If a client leaves a property without giving DiVita Tours representative the possibility of verifying the reason of complaint and options to rectify any complaint, the client loses the right to any compensation.
If a client complains when he/she is no longer on the rented property, he/she loses the right to any compensation. DiVita Tours will not accept as causes for complaint weather conditions, stings or presence of insects, lack of water or electricity, work in progress, etc., if these causes depend on state-run organizations or are otherwise beyond DiVita’s control..
Hotel Overbookings on Independent Travel
In very rare cases, and through no fault of DiVita Tours, your reserved hotel may be overbooked upon your arrival. The overbooked hotel will offer you a similar or superior accommodation at no extra charge. If the alternate accommodation is not accepted by you, DiVita Tours reserves the right to offer you a full refund of such accommodation without rebooking.
IV. RELEASE, ASSUMPTION OF RISK, BINDING ARBITRATION PROVISIONS, AND OTHER IMPORTANT LEGAL DISCLOSURES.
All tours are produced and sold by Mazzi Global, Inc., a California corporation doing business as DiVita Tours, subject to these terms and conditions including, without limitation, this release. DiVita Tours (with its principal business office located at 8811 Spectrum Center Drive, Ste. 3313, San Diego, CA 92123, USA), its, owners, directors, officers, employees, affiliates, and agents (collectively, “DiVita Tours”), does not own, operate, or control any person or entity that may or does provide goods or services for your tour, including, without limitation, ownership or control over hotels or other lodging facilities, airlines, maritime vessels, trains, buses, vans, cars, or other transportation companies or services, local ground operators, providers or organizers of optional excursions or equipment used thereon, wineries, food service or entertainment providers, etc., even if some of those persons or entities utilize the DiVita Tours name on signage, etc. All such persons and entities are independent contractors or service providers. As a result, DiVita Tours is not responsible or liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party, of any kind. Without limitation, DiVita Tours is not responsible or liable for any injury, loss, theft, or damage to person, property or luggage, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of any means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the immediate and direct control of DiVita Tours. In addition, you wholly and unconditionally release DiVita Tours, its, owners, directors, officers, employees, affiliates, and agents, from its own negligence and assume all risk thereof.
Assumption of risk
I am aware that any travel or tour such as that I will be undertaking with DiVita Tours involves risk of inconvenience, illness, accident, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of DiVita Tours, or other persons and companies known or unknown, or of negligent, willful or criminal conduct of third parties. I am aware that weather conditions may be adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all the time during when participating in the tour. In order to partake of the enjoyment of this tour I am willing to accept the risks and uncertainty involved as being an integral part thereof. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of DiVita Tours or of any third parties.
I acknowledge that I have voluntarily sought to participate on the DiVita Tours tour designated on this application (or any tour in which I may later choose and participate) and that I have read the description of the tour as it appears in the current DiVita Tours brochure, any supplements and itineraries relating to such tour, together with all information contained in these terms and conditions and other agreements and disclosures. I am voluntarily participating in this DiVita Tours tour with knowledge of the risks involved.
I agree that any dispute concerning, relating, or referring to these terms and conditions, the brochure or any other literature concerning my tour, or the tour itself, shall be resolved solely by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such arbitration proceedings will be governed exclusively by substantive (but not procedural) California law and will take place in San Diego, California. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any and all disputes relating to the interpretation, applicability, enforceability, conscionability, or formation of this agreement including, but not limited to, any claim that all or any part of this agreement is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
Importance of each participant signing the Release, Assumption of Risk, and Binding Arbitration provisions and other important legal considerations. Each participant in a Divita Tours tour must sign the Release, Assumption of Risk, Binding Arbitration, and Other Important Considerations agreements concerning your tour. If any participant is under 18 years of age, a parent or legal guardian must sign on the minor’s behalf. In the event any one or more participants(s) does not sign, that person(s) cannot go on the tour and the cost to the remaining participants will be increased to reflect the added costs to DiVita Tours of conducting the tour with fewer participants. You accept responsibility for the increased costs and understand that all incremental costs must be paid prior to departure.
V. TRAVEL CONSIDERATIONS
Passport & visa information for United States and Canadian citizens
Participants in a tour provided by DiVita Tours are solely responsible for ensuring their passports/visas are up to date, do not expire for at least six (6) months after the trip return date (a requirement to enter many countries), have two completely blank pages (for some countries) and have all necessary visas. We recommend that you keep a copy of your scanned passport (photograph page) on your email and/or mobile phone or other device as an added precaution. US citizens should visit www.travel.state.gov. Canadian citizens visit www.travel.gc.ca/travelling/documents.
Citizens of other countries should check with their own government resources and/or relevant embassy in their own country. Any failure of a participant to have proper visas and/or valid passport may result in the participant not being permitted to leave the country or enter a destination and no refund will be issued in any such case. While DiVita Tours does not currently offer airline ticketing, it cautions the name on your airline tickets must be exactly identical to the name that appears on your passport.
DiVita Tours recommends that you see your physician before booking your trip and before traveling to make sure that you have taken all necessary or advisable health precautions and have ample supplies of any medications you may need for the duration of your travel.
Pre-existing medical conditions/persons with disabilities
Part of the enduring allure of Italy is its seemingly endless array of fortified medieval towns built high on the hilltops. This fixture of the Italian landscape, while breathtaking (often quite literally), poses significant challenges for those who use a wheelchair or otherwise lack average mobility. While DiVita Tours will be happy to discuss the feasibility of creating a custom itinerary for you that takes into consideration your level of mobility, you must understand that we cannot alter the basic terrain, or guarantee that a particular city, town, village, hotel or other lodging, restaurant, winery, or other venue, or any mode or method of transportation is equipped to accommodate any participant who uses a wheelchair, or any other disability or medical condition that limits or impairs mobility.
It is therefore essential that you speak with DiVita Tours before booking if you do have any disability or pre-existing medical condition that you believe could affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which might affect the booking process), so that we can assist you in candidly evaluating the suitability of the tour and/or in making the booking. Full details must be confirmed in writing at the time of booking and whenever any change in the medical condition or disability occurs.
The DiVita Tours tour leaders and guides are, unfortunately, unable to offer significant additional assistance to participants with disabilities or medical conditions that limit mobility, as they are responsible for guiding everyone on a tour. Instead, any and all such assistance must be provided by another participant with whom you are traveling.
Special dietary requirements
Any dietary requirements or restrictions should be discussed and requested prior to booking a DiVita tour. While we will strive to accommodate any requirements or restrictions you may have, it may not be possible for special diets to be accommodated in all of the destinations we visit. DiVita Tours will advise the hotels and venues of any special dietary requests or restrictions you may have, but we cannot and do not guarantee their availability at all destinations.
Health and safety standards
Italy has its own regulations and enforcement levels relating to health and safety standards. While these standards are comparable to the very high standards we have come to expect in North America, we nonetheless recommend that you follow a few common-sense, safety procedures. Always check where the nearest fire exit is and how to sound the fire alarm. Do not enter a swimming pool without first checking its depth. Do no swim in the sea without first verifying local surf conditions and other hazards. Do not cross the road without first checking for oncoming traffic, etc.
While Italy is generally a safe place to travel, opportunistic crime such as bag-snatching and pick-pocketing, especially in cities, is an unfortunate reality, as it is in many destinations. To minimize any risk, use your common sense when walking around, make use of hotel safes where available, and leave all but essential valuables at home.
Should you have any complaint about any aspect of your tour arrangements when traveling, you should inform the local DiVita representative immediately. Indeed, your complete happiness and satisfaction is our utmost goal and overriding concern, and we urge you to speak with us if not completely satisfied. In our experience most issues can be easily and satisfactorily resolved on the spot. Accordingly, please note if you do not report an issue which, if it had been reported at the time it occurred, could have been resolved there and then, we cannot accept any liability or responsibility with respect to that issue. Again, we urge you to speak with us about any problem or concern.
State of California Travel Seller Permit
DiVita Tours, in accordance with the State of California, meets all requirements to sell travel. California seller of travel permit #2137739-70 and information posted on www.divitatours.com.