Business address is 35 Kleinitz Rd Nungurner VIC 3909.

Last updated: 01 November, 2022

OUR CONTRACT

These Terms and Condition, including the all-important Liability Waiver, are Your contract with Discovering Italy for provision of any Consultation Services or Bookings You undertake with Discovering Italy and form the basis for acceptance of all bookings. Also, if you, as the lead-named person in the contract, are making a booking on behalf of others as well as yourself, You guarantee that You have the authority to enter into the contract and that You and they have agreed to be jointly and severally liable to Us. You, therefore, accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

DEFINITIONS

"Consultation Service" means any pre-booking consultation constituted as part of the services we offer.
"Booking" means our service in acting as a booking agent on Your behalf, in booking a holiday, tour programme, event or activity.
These services are provided by Discovering Italy, hereinafter referred to as “Discovering Italy”, “DI”, “We” or “Our”. For the purpose of the Agreement, the signer will be referred to as the “Traveller,” “You” or “Your”, and will include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

The Agreement may be amended only in a written document, signed by both parties.

THE CONTRACT BETWEEN US

Discovering Italy Consultation and Booking Services vary. Whatever service You choose, the terms of this contract will apply unless We indicate otherwise. The contract between us comes into existence when We send our confirmation invoice to You. You will have undertaken to pay for Your service or booking and We will have undertaken to provide You with the service or programme We describe in the information provided specifically to You. When You make a booking with us, You have the benefit of our full compliance with the Competition and Consumer Act 2010 (Act No 51 of 1974 as amended).

Whether You request a consultation service or a fully booked programme, We require an upfront service fee or deposit and a completed booking form, as provided to You. Our confirmation invoice will be sent to You by post or email. We may decline Your booking for any reason and We do not have to give You the reason. If that happens, We will return Your money to You immediately and in any event within 14 days.

REQUESTING A CONSULTATION AND/OR BOOKING YOUR TOUR PROGRAMME

It is possible to implement a request by means of an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. Following receipt of a consultation or booking request DI will advise as to the availability of the service or requested programme and, once verified, will forward all the relevant forms, terms and conditions, payment options and schedule of payment to the Traveller.

TERMS OF PAYMENT

As soon as the Traveller has received confirmation of the service, the Traveller should immediately forward to DI either the agreed “fixed fee” consultation payment or a deposit equal to 25% of the total amount of a booked tour programme. Once this initial payment has been received, DI undertakes to provide the Traveller with an immediate receipt testifying to the received payment and a clear outline of any remaining payment schedule and due date(s)§ of the expected balance of payment. The balance of payment for a tour programme should be made within the absolute deadline of 65 calendar days prior to the commencement date of the contracted services. For booking services made with less than 66 days remaining to the date of the commencement date of the contracted services, payment should be made in full, at the time of confirmation of the booking. Where payment is made by direct bank transfer a statement from the bank that testifies to that payment must also be sent to DI as an email attachment. Once all payments and/or documentation of payments have been received and cleared, DI will issue all the final travel documents and forward them to the Traveller.

AMENDMENTS

Any changes made to travel arrangements by the Traveller, within 65 days of commencement date of the tour programme will incur an additional fee of AU$150.

CANCELLATION FEES

If You, the Traveller, cancel Your tour programme the following charges will be payable depending upon the number of days prior to the commencement date of the programme that (written) notice of cancellation is received by DI.

Days prior to dep. Date - 65 days or more. % of tour price payable - Loss of deposit

Days prior to dep. Date - 64 to 36 days prior. % of tour price payable -  55% of tour price

Days prior to dep. Date - 35 days or less. % of tour price payable -  100% of tour price

PRICE POLICY

Once the contract has been made, DI endeavours to keep prices as agreed for the tour programme. In some cases, prices may be subject to surcharges due to fluctuations in currency exchange rates and/or increase in suppliers’ prices (fuel charges, local taxes, hotel charges, entrance fees, transportation etc), beyond Our control. Payment of all invoices is due 65 days prior to commencement date of the tour programme, however, if prices increase due to a change in these fixed costs, these increases will be passed onto the Traveller.

CANCELLATION OR ALTERATIONS TO TRAVEL ARRANGEMENTS BY DI

All tour programme arrangements are made in what DI considers to be in Your best interests, however, because We make travel arrangements far in advance, We sometimes have to change an arrangement and occasionally even cancel a Tour programme. DI retains the right to modify or cancel any excursion or accommodation facility if it cannot be provided for any reason. In such an unlikely event, DI will offer alternative arrangements. The tour programme can also be cancelled if the minimum number of participants required for a particular tour programme is not reached. If cancellations or alterations to Your programme does occur, the following terms apply:

• We will always inform you as soon as possible about any change. If that happens, you may: o accept the change; or

o accept our offer of alternative travel arrangements of a comparable standard; or
o cancel You’re the particular activity affected by the change, whereupon We will give You a full refund of money paid for that activity.

• We will not compensate You for minor changes outside Our control. Examples are changes to flight times or other ad hoc public transport arrival/departure times, transport strikes and the like.

• Provided Your final payment has been made, We will cancel Your travel arrangements only in circumstances where We have no choice but to do so.

COMPLAINTS

If You have cause for complaint whilst on Your tour programme, You must immediately bring it to the attention of Your tour host who will endeavour to rectify the situation. Should DI’s tour representative be unable to resolve the problem, details of the complaint must be notified to DI in writing within 30 days of completion of the tour programme.

UNUSED SERVICES

No refund for unused ground content will be made for any reason whatsoever. If You make any alteration to any portion of the tour programme, such alteration will be completely at Your expense. Refunds are not available for services provided in the tour programme price, but not utilised by the Traveller.

FORCE MAJEURE - UNEXPECTED STRIKES, WARS, UPRISINGS, NATURAL DISASTERS

“Force Majeure" means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, coup d’état, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado or other major weather event, earthquake, landslide, volcanic eruption or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination, national strike or other major lack of availability of labour, raw materials or energy beyond the control of the affected party. For the avoidance of doubt, the inability of a party to make a profit or avoid a financial loss, changes in market prices or conditions, or a party’s inability to perform its obligations due to insufficiency of finance does not in itself constitute Force Majeure. These events constitute an “Act of God” therefore additional expenses arising from such events will not be attributable to the Operator and will not, therefore be reimbursed.

NOT INCLUDED IN YOUR TOUR PROGRAMME PRICE

Passport and visa fees, travel insurance, excess baggage charges, airfares, airport departure and other taxes, gratuities (tips), extra meals, telephone charges, laundry, drinks, optional tours, and any items of a personal nature.
Please note, some accommodation venues in Italy prefer local accommodation taxes to be paid at the time, in person, cash. If this is the case for any of Your bookings made through DI, We will advise You well in advance of each occurrence and the cost.

It is the responsibility of the individual Traveller to make sure that he/she is in possession of the proper travel documents and that they are in compliance with current government and transportation companies’ regulations, in Your home country & Italy.

RESPONSIBILITIES

DI and/or its associated companies or agents, acts only in the capacity of agents for the Traveller in all matters of transportation, tour operation and other services. All receipts, tickets, vouchers, coupons, or exchange orders are issued subject to the terms and conditions under which the transportation, tour operation and other services are provided. DI and/or their associated companies or agents assume no responsibility for loss, injury, accident, delay, damage, or irregularity that may be caused to person or property, however caused or arising during any tour under its management, sponsorship, procurement or otherwise.

LIMITATIONS ON OUR LIABILITY

Our endeavour at DI is always to provide the means for You have a perfect holiday. We shall do our best to make this experience special for You. Nonetheless, We must make clear the limitations in law.

Please note, We are not liable if any failure is due to:

• Your own carelessness or negligence in any aspect of Your behaviour whilst on a DI tour programme;

• medical emergencies;

• laws, culture and standards of service and behaviour in region or locality We may visit;

• changes We reasonably make to an itinerary or to accommodation or any other aspect of the management of Your booking;

• some third party unconnected with the provision of travel arrangements where We could not reasonably have foreseen or avoided those circumstances;

• any other unusual and unforeseeable circumstances beyond Our control;

• a specific event or series of events which We or Our contractors or providers could not reasonably have foreseen or prevented;

We and You are subject to international conventions when they apply. This may limit the amount of a claim You may make, against us or anyone else.

The services and features included in Your booking are those specified in the information provided specifically to You. If You choose to buy other goods or services during Your Holiday, those are not part of Our service, even if Our representative helps You to buy or arrange them. Accordingly, We are not liable to You for any happening in connection with that service or goods.

It is a condition of this contract that You take out a policy of travel insurance to cover You for the duration of Your tour programme outside Australia. You alone are wholly responsible for arranging Your insurance. The period of cover should start no later than the date You make Your booking with us.

FURTHER TO YOUR OBLIGATIONS AND WARRANTIES

You warrant to us that:

• You are at least 18 years old and have the power, capacity and authority to enter into a binding contract with DI and with the Providers of the Travel Products that You acquire;

• You have read and understood these terms and conditions and if booking on behalf of third parties, You have conveyed these terms and conditions to them;

• the information You provide DI about Yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process;

• You have considered acquiring comprehensive travel insurance and We are not responsible for any failure by You to acquire adequate insurance cover. 

PERSONAL INFORMATION

All personal information acquired as part of the booking process will remain confidential. Information will be used for mutual benefit and the actual personal information will be treated singularly and exclusively for purposes related to the implementation and fulfilment of the contract or, as an obligation in observance of the law and, therein, includes full implementation of all security measures. The information will be recorded manually and with electronic tools, preserved only for the duration expected by law and then destroyed in accordance with the law.

LEGAL MATTERS

The validity, construction and performance of this contract shall be governed by the laws of the State of Victoria and the parties agree that any dispute arising from it shall be litigated only in that State.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

The Traveller, individually, and on behalf of its heirs, successors, assigns and personal representatives, herby indemnifies and releases fully and finally from any and all liability, claims, loss, suits, demands and damages brought by the Traveller (or and including by any third party as a consequence of any act of omission of the Traveller) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Discovering Italy, its officers, agents, and employees with respect to any and all matters relating to or arising from the Traveller’s conduct (including acts and omissions) and participation in the Tour programme. It is understood and agreed that Discovering Italy shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Tour Programme or any Tour Programme participant, and the Traveller’s participation on any tour or transportation or event or activity will be solely at their own risk. Further, should the Traveller engage in any activities which involve a risk to person or property (including but not limited to climbing and jumping off statues, structures and rocks, the operation of any motorized or non-motorized vehicle, skiing, snowboarding, swimming, and any activity while intoxicated or under the influence of any substance), they do so at their own risk and agree Discovering Italy shall in no way be liable for the Traveller’s actions, safety, loss and damage.

ACKNOWLEDGEMENT AND ACCEPTANCE OF DI’s TERMS AND CONDITIONS AND WAIVER AND RELEASE AGREEMENT

As the lead-named person in any Consultation Service or Booking made with Discovering Italy, receipt of any monies paid by You to Discovering Italy in respect of a Consultation Service and/or booked Tour programme constitutes a legally binding contract between You and DI and indicates that You have read, understood and accepted the Terms and Conditions, and Waiver and Release Agreement as presented to you and which are also published and available on the Discovering Italy website.

These Terms & Conditions and Liability Waiver will be offered to You, on booking with DI, in hard copy, emailed as a PDF or You will be referred to the Discovering Italy website page. It is then Your responsibility to read and absorb all that is contained therein.

JUDITH GREENAWAY ABN 41 937 419 176 - TRADING AS DISCOVERING ITALY