RELEASE AND LIABILITY DISCLAIMER
Azzurro Dream Travel LLC is the ‘Sales Company’ and ‘Operator.’ Your agreement is with Azzurro Dream Travel LLC and a contract will come into existence between us when you make a reservation with us. The invalidity of any of the provisions hereof shall not affect the validity of any of the other provisions, and the agreement shall be construed as though such invalid provision had never been contained herein.
- Disclaimer:Travel is personal and each individual’s goals and experiences may differ. Azzurro Dream Travel LLC will not be bound by, or liable for, any description, representation or warranty made by any independent third party sales representative, Travel Agent, or other person or entity relating to any holiday offered by Azzurro Dream Travel.
- Departure Date:The departure date constitutes the date indicated on the Azzurro Dream Travel confirmation.
- Disclaimer of Warranties:Azzurro Dream Travel warrants only that the services shall be generally, though in view of the vagaries of travel, not necessarily precisely, as described, and subject to changes and the other terms and conditions herein. All other warranties, express and implied, including warranties of fitness for a specific purpose and merchantability are expressly excluded. There is no warranty that extends beyond the description of the face hereof.
- Guests must ensure they are medically and physically able to travel. Azzurro Dream Travel may impose safety requirements.
- Azzurro Dream Travel may exclude an individual from participating in a tour or an activity if the individual’s participation poses a direct threat to health or safety of others that cannot be eliminated by a reasonable modification of policies, practices or procedures or by the provision of auxiliary aids and services. This decision to exclude an individual will be based on an individualized assessment based on reasonable judgment that relies on current medical evidence or on the best available objective evidence to determine the nature, duration and severity of the risk, the probability that potential injury will occur and whether reasonable modifications of policies, practices or procedures will mitigate the risk.
- Azzurro Dream Travel does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as physical maneuvering of wheelchairs, eating, toileting or dressing). A traveler who requires services of a personal nature (physical maneuvering of wheelchairs, eating, toileting or dressing, as examples) should consider bringing a companion to provide such assistance and must understand that other travelers, Tour Directors and Azzurro Dream Travel staff will not be available for such purpose.
- Regrettably, motorized scooters are not allowed on Azzurro Dream Travel vacations.
- Azzurro Dream Travel does not employ medical personnel. Any necessary medical attention must be sought at a local facility, if available, at the guest’s expense. Azzurro Dream Travel is not responsible or liable for losses or costs incurred due to unavailability of medical services, or medical services obtained while on vacation, or for the quality of the care or services received.
- Most tours include rough terrain, extensive walking over cobblestone streets, uneven pavement, steps and locations which may not be easily accessible or accessible by wheelchair. During the tour, Azzurro Dream Travel may make arrangements with carriers, hotels and other independent suppliers to provide travel services. These parties are independent entities that Azzurro Dream Travel does not control. Accommodations on international tours may differ from those in the United States. Azzurro Dream Travel cannot guarantee disability access or accommodations for guests traveling on international tours.
- Many optional excursion experiences are operated by independent third party suppliers—not Azzurro Dream Travel. These are not part of the tour provided by us. Your contract will be with the operator of the excursion. We are not responsible for providing of the excursion, or anything that happens during the excursion.
- Some excursions involve outdoor activities and/or can be physically demanding. You must make your own decisions about excursions and participate only in activities that suit your physical ability. We recommend you check whether any insurance you have also includes your participation in adventure activities you may undertake.
- Azzurro Dream Travel may, in its sole discretion, decline booking any guest or remove any guest who cannot comply or refuses to comply with Azzurro Dream Travel’s terms and conditions.
- We are here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behavior from our guests. We will refuse to deal with and may terminate the holiday/vacation of people who assault Azzurro Dream Travel representatives or who continue to be verbally abusive or aggressive when asked to behave reasonably.
- When you make a booking, you accept responsibility for the proper conduct of all members of your party during your stay.
- We reserve the right at any time to terminate the travel arrangements and/or cease to deal with any party member(s) whose behavior, in the reasonable opinion of us or our suppliers, may cause danger, upset, disruption or distress to anyone else or damage to property. Full cancellation charges will apply and no refund will be made. We shall have no obligation to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation and return transportation arrangements) guest may incur as a result of the travel arrangements being terminated.
- If you damage the accommodation in which you are staying or any property, you must reimburse the accommodation provider or property owner concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must indemnify us for the full amount of any claim (also including legal costs) made against us.
- Criminal proceedings may be instigated. Azzurro Dream Travel is not responsible for any costs incurred concerning a guest removed from a tour or aircraft, ship or train. Guests agree not to hold Insight or any of its related entities liable for any actions taken under these terms and conditions.
- Complete Agreement:These booking conditions together with terms expressly incorporated into this contract represent the entire agreement between the parties.
- Changes:Azzurro Dream Travel shall be responsible to the guest for supplying the services and accommodations described in the tour itinerary, except where they cannot be supplied or the itinerary is changed due to delays or other causes of whatever kind or nature beyond the Azzurro Dream Travel’s control. In such circumstances, the Azzurro Dream Travel will seek to supply comparable services, accommodations and itineraries and there shall be no refund in these circumstances.
- Disclaimer of Liability:
- Neither Azzurro Dream Travel nor its agents or affiliated entities shall be responsible or liable for cancellations, acts of other service providers, diversions or substitution of equipment or any act, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to guests including any results thereof, such as changes in services, accommodations or facilities. Nor shall they be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee.
- Azzurro Dream Travel shall not be liable for indirect, special or consequential damages. All baggage and personal effects are at all times and in all circumstances at the risk of the tour participant.
- Azzurro Dream Travel strongly recommends that guests obtain baggage insurance. After return at the end of the tour, if lost articles are found and returned to the owner, a service fee will be charged.
- The Tour Directors, carriers, hotels and other suppliers who provide services on Tour are independent contractors; they are not agents, employees or servants of Azzurro Dream Travel or its associated companies.
- All certificates and other travel documents for services issued by the Azzurro Dream Travel are subject to the terms and conditions specified by the carriers and suppliers and to the laws of the countries in which the services are supplied.
- Carriage by sea is subject to the Carrier’s Conditions of Carriage.
- Azzurro Dream Travel is not responsible for any criminal or other conduct by third parties, whether criminal, intentional, grossly negligent, negligent or otherwise.
- Securityis a major concern to all of us, and the situation globally is constantly changing. Events around the world, coupled with the “Travel Advisories“ put out by various governments, may at times necessitate changes to the accommodations and itinerary or even tour cancellation. Please refer to our Tour Conditions and Payment Agreement for further information in this regard. You must accept these risks involved in travel to any country that may experience security difficulties and accept responsibility for your own travel decisions.
- Safety:Where the guest occupies a motorcoach seat fitted with a safety belt, neither Azzurro Dream Travel 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 Azzurro Dream Travel or its agents or affiliated entities are liable in other circumstances.
- International Treaties:Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time guests are not on board planes, transportation or conveyances. We rely on international convention, which may apply to the services provided by us, our suppliers, or agents, with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. We are to be regarded as having all the benefits of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to guests and luggage. Enrollment in and payment for a tour shall constitute agreement and acceptance by the guest of the terms and conditions in this document. These cannot be varied except in writing by an officer of the Company.
- Azzurro Dream Travel, a Kentucky Limited Liability Company, serves only as sales representative, and is not responsible for any activity beyond its limited role in arranging reservations and ticketing. Azzurro Dream Travel shall not be responsible or liable for any act, omission or default, whether negligent or otherwise, of any other entity whether or not affiliated with the operator.
- This Agreement is deemed to be entered into in Fayette County, Kentucky. The exclusive venue for any action concerning the interpretation, enforcement, or breach of any term, obligation, or duty as contained or related to these Terms and Conditions shall be solely in the Superior Court of Kentucky in or for Fayette County or the United States District Court for Kentucky. This Agreement shall be construed according to the internal laws of Kentucky without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Azzurro Dream Travel no later than 60 days after completion of the Azzurro Dream Travel vacation. Guest claims not submitted and received within this time shall be deemed to be waived and barred.
- Errors and Omissions:In the case of computer or human billing errors, we reserve the right to re-invoice participants with correct billing. We try to ensure brochure accuracy at the time of printing. However, Azzurro Dream Travel shall not be held responsible for printing or typographic errors, or errors arising from unforeseen circumstances.
- Airline(s) do not by virtue represent itself or themselves as contracting with or as having any legal relationship with any purchaser of a vacation from Azzurro Dream Travel. All bookings made with any provider of transport, facilities, meals, other goods or of any services are subject to terms and conditions imposed by them in relation to matters not covered particularly and expressly by our agreement with the above mentioned Operator.
- If you decide you do not want to visit a country or part of a country you intended to visit due to any law, condition or requirement of any government or government authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred, and any cancellation or amendment fees. Neither Azzurro Dream Travel, nor any of their servants or agents, accept responsibility or liability for your acts, omissions, defaults, conduct, state of health, condition or circumstances.
COMPLAINT PROCEDURES & CONSUMER PROTECTION
- Complaint Procedure:If you have a problem during your tour please inform Azzurro Dream Travel’s Tour Director immediately, who will try to put things right. If the matter was not resolved locally, please write to Azzurro Dream Travel at the address below within sixty (60) days the end of the Azzurro Dream Travel vacation, as it is important that you provide us the information quickly. Please quote all relevant information to your tour including the name and dates. Failure to follow this procedure may delay or deny us the opportunity to investigate and rectify the problem, which may affect the way your complaint is dealt with and your rights under this contract. Accordingly, any claim not received in writing within this time is waived and barred.
- Data Protection:
- To process your tour booking, Azzurro Drream Travel will need to use personal information for you and guests in your booking. Personal information may include each guest’s name, address, phone number, email address, passport number, credit/debit card number and sensitive information such as health, medical, dietary, mobility, religious or other special requirements. This personal information may be passed on to other suppliers of your travel arrangements in addition to public authorities (such as customs and immigration), security and credit checking organizations, and otherwise as required by law. This may involve sending personal information (including sensitive information) to other countries that may not afford the same level of protection of personal information. In making your booking, you consent to your personal data being passed to relevant third parties as set out above.
- We may also use personal information you provide us to review and improve the tours and services we offer, and to contact you (by post, email, telephone or other means) about other offers by Azzurro Dream Travel that may interest you. If you don’t want to receive this information, or if you want a copy of the personal information we hold about you, write to us at Azzurro Dream Travel LLC, 1890 Star Shoot Pkwy Ste. 170-108, Lexington, Kentucky 40509. Azzurro Dream Travel may charge a fee for supplying you this information as permitted by law.
- Booking Arrangements:Your booking arrangements can be made through your Travel Agent, or with us directly. When you make a booking you must be at least 18 years of age at the time of booking. You are guaranteeing that you understand and have the authority to accept and do accept on behalf of yourself and all members of your party the terms of these booking conditions. We will deal only with the lead booking name in all subsequent correspondence and dealings. You are responsible for making all payments due, ensuring the accuracy of all personal details and other information supplied in respect of yourself and your party, notifying us of any changes or cancellations and for receiving correspondence and keeping your party informed.
- Each guest is required to comply with the terms, conditions, requirements, laws, rules and/or regulations of any service provider, or any country or governmental authority, and shall be liable for any such non-compliance.
- Additional Optional Excursions:
- With Azzurro Dream Travel, you will enjoy many famous highlights as included features on your tour, at no extra cost. An exciting array of additional Optional Excursions and Activities may be made available to further enhance your experience. These Excursions and Activities are optional, and are offered at special preferential prices. They can be booked only after you start your tour, as many of them are carefully programmed to coincide with highlights available at the time of your visit. A detailed list and cost of these will be included in your travel documentation. You can book and pay for them through your Tour Director, by cash or credit card.
- Optional Excursions may vary due to seasonal conditions and require minimum guest participation. Prices are subject to change without notice. Please also see the relevant section of tour participation regarding limitation (exclusion) of our liability for optional excursion experiences operated by independent third party suppliers.
Booking a reservation with Azzurro Dream Travel ensures that the applicant has read the Release and Liability Disclaimer set forth above, the schedule of activities for this tour, as well as the terms and conditions of application and participation, including the Tour Conditions and Payment Agreement and the Tour Cancellation Policy, as set forth in the tour documents, and recognizes and accepts any risk associated with the tour and the conditions, including the refund, cancellation, and payment policies, set forth in the tour documents. The applicant’s reservation further acknowledges that there are many risks and uncertainties inherent in any travel tour, including but not limited to the hazards of various modes of transportation, forces of nature, acts or omissions of foreign governments, terrorism, war or insurrection, theft, illness, and damage to person or property due to the negligent acts or omissions of tour staff or others.
In consideration of, and as part payment for, the right to participate in the tour, the applicant’s reservation with Azzurro Dream Travel, on behalf of him/herself, his or her dependents, heirs, executors, administrators and assigns, agrees to release Azzurro Dream Travel, its Regents, officers, employees, representatives or agents, the United States, and the tour operator and its officers, employees and agents, from liability for personal injury, death, property damage or loss suffered by any person in connection with this tour, even if caused by the negligence (but not the reckless, willful, or fraudulent conduct) of tour staff or other related persons or entities. In addition, by registering for this tour, the applicant certifies that he or she is mentally and physically capable of full participation in this tour.
By registering for an Azzurro Dream Travel journey, the participant agrees to the Release and Liability Disclaimer and the Terms and Conditions herein.