At Scappare Travel Club, LLC., (referred to as “STC”), we have specific systems, and standards of conduct to which we closely adhere in order to maximize our guests experience, which in turn allows us to operate and curate international Trips for guests.
You are choosing to book with Scappare Travel Club, LLC., a US corporation based in California. This document has legally binding agreements so please read in full. In consideration of being permitted to participate on a Trip with STC (referred to as “trip” or “Trip”), you are agreeing to the following terms and conditions by accepting a place on a Trip and signing this agreement. All travelers must be 18 years or older to travel.
IMPORTANT INFORMATION ABOUT THESE TERMS
When you complete your Booking, you accept these Terms and Conditions (“Terms”) and any other terms and conditions that you are provided during the booking process. These Terms include an agreement to mandatory binding individual arbitration, which means that you agree to proceeding in court. These Terms also include your waiver of any right to bring, or participate in, a class action and a jury trial waiver. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law and you will still be bound by everything else in these Terms.
Section I: Conduct for Trip Participation
Guide Roles:
Our guides, local contacts, vendors, hotel staff, and guides will be managing multiple different guest personalities, dietary preferences, differing lifestyles. Their work is to facilitate travel logistics, to prioritize your comfort, and to be a cultural reference point, and they at times are responsible for coordinating included meals, transport, activities and day trips, all in an courteous and professional manner. It is your responsibility, not the guides or local third party vendors/service providers, to ensure your own personal safety and the safety of your belongings and to ensure good decision-making, as well as acceptable behavior.
Service Providers:
While traveling with local guides is a huge advantage for any visitor to Europe and Italy, it is essential to remember that they do not have control over other service providers or vendors. We have developed fantastic, trusted, and reliable relationships with our providers over the years, and our guides are professional and experienced in navigating travel and related situations, but it is important to remember that unexpected things can still happen, and frequently do happen when traveling. Restaurants can be closed, trains can be delayed, air conditioners are not ubiquitous, transportation strikes can occur without notice or with very little notice, unexpected traffic can cause delays – for example.
Scappare Travel Club and/or its agents, act only as agents for the client in all matters pertaining to travel. They assume no responsibility nor liability in connection with the service of any train, vessel, carriage, aircraft, motor or other conveyances which may be used, either wholly or in part, in the performance of its duty to the passenger; neither will it be responsible for any act, error, or omission, or any injury, loss, accident, delay or irregularity which may be occasioned by reason of any defect in any vehicle or through the neglect or default of any company or person engaged in conveying the passenger; or for any hotel proprietor, or hotel service, or for any other person engaged in carrying out the purpose for which tickets or coupons are issued. In the event that it becomes necessary or advisable for the comfort or well being of the passengers, or for any reason whatsoever, to alter the itinerary or arrangements, such alterations may be made without penalty to the operators. Additional expenses, if any, shall be borne by the passengers, conversely refund will be made to the passengers if any saving is effected thereby. The right is reserved to withdraw any or all tours should conditions warrant, also to decline to accept or retain any passengers as members of the tours. Scappare Travel Club, LLC or agent can assume no responsibility for lost tickets or coupons.
Group Activities:
All curated and planned activities by STC are included in the price of your Trip. They are all optional therefore you are welcome to skip individual activities or entire days if you like. However, the price of your trip would remain unchanged.
Transportation:
Ground transportation for STC curated events is included. We will utilize both private and public transportation. While being transported, there is a possibility of discomfort due to motion sickness, crowded/congested public transport, and at times – heat. If you are prone to motion sickness, please inform your guide ahead of time so that they can help accommodate your needs as best as is possible. While we and our guides can not account for every situation, we can assure you with sincerity we will do everything we can to help you remain as comfortable as possible on your trip.
Amenities and Hotels:
Accommodations in Europe including beds, pillows, room sizes are all markedly different in Europe, and not things over which we have control. Our guides will do everything in their power to make sure you’re comfortable.
We strive to provide our guests with the most boutique and authentic accommodations available. The accommodations and hotels we book are boutique establishments, instead of cookie-cutter chain hotels. They are family run and boutique-style hotels, as we find these the most authentic and therefore consistent with the type of experience we would like to provide for you. As such, size and style can vary greatly from room to room in any one boutique hotel. In some destinations on some Trips, guests or guides may be divided amongst two different hotels. We do our best to be be sure that all of our guests have equitable accommodations, but please understand that accommodations will not all be identical in nature such as if you were in a cookie-cutter hotel. It will not be possible for all hotel rooms to have the exact same size, layout, position within the hotel, etc.
Class of Trip and Hotels/Accommodations:
Hotel classes in Europe are not what you may be used to in your home country. Hotels in Europe work on a 1-5 star system, and this denotes the amenities available to you. Our hotels are generally located in older, historic buildings that don’t allow for expansion, so their rooms at times are cozy. Chain hotels in newer buildings away from historic centers are able to offer larger rooms, but we deliberately avoid sourcing accommodations like these because they are not compatible with the Scappare Travel Club aesthetic and experience we aim to provide for our guests – they simply do not provide the same type of authentic experience. You have booked a trip with a mid-range Trip operator. We are not luxury, nor are we a budget travel company. We are the corner store, not the Costco, of travel to Italy. Hotels on our Trips are generally boutique and family run, and they are chosen to balance value with service and location. If 24-hour reception, room service and porters are non-negotiable requirements for your travels, please decline your booking with us.
Dinner Table Etiquette:
Politics, world events, religion and personal opinions of such topics can make for hot dinner conversations. Should you choose to chat about these topics, please remember that others might not share your viewpoint. We all want to feel welcome at the dinner table and we expect participants to keep dinner table conversation amicable and courteous as you would in a group of new acquaintances.
Drug and Alcohol Policy:
We do not condone drug use of any kind and also strongly encourage participants to consume alcohol responsibly. Knowing your personal limit is part of the dinner table etiquette expected of you while traveling within a group. Please have fun, but overt drunkenness or obnoxious behavior will not be tolerated on any level or at any point during the trip and if it occurs you will be removed from the activity and perhaps the entire trip. We maintain this policy so our guests and our trusted contacts and vendors in Italy (who by now are our friends and respected colleagues) can be assured they will not be subject to the discomfort of this type of behavior by any STC guest.
Punctuality:
Please be punctual for meeting times set for the group by the guides. We understand things happen, and we will do our best to help you with any situation that may arise. Remember that either Amy or Maria will be on your trip with you – precisely for this purpose, at your service as your own personal trip concierge. If you will be late or chose to skip a portion of the trip or an event, we would appreciate you letting us know as much ahead of time as possible so that the group is not kept waiting.
Issues on Trip:
If an issue arises for you during the Trip, please alert the guides directly. They are there to listen to you, to do what they can to attend to the issue at hand, and to solve it to the best of their abilities. We request that should an issue arise for you on Trip, you have a private conversation with one of your guides. This etiquette is in place to protect the other guests, who might not be having the same experience as you. Over the years, we have seen many times in the past that when one guest openly voices a dislike, it puts the other guests into a position in which they feel they need to start problem-solving for that guest. Guides are the ones tasked and paid to assist with problem-solving, not other clients, and so we ask for the benefit of all clients on the trip to kindly keep this in mind.
All STC Trips require some Physical Activity:
This is an essential part of the Scappare Travel Club experience, and also a daily part of life in Europe. We avoid heavy or moderate physical activity where possible, but things like stairs, uneven terrain (including with luggage) are unavoidable when you decide to travel to Europe. We may be walking more than what you are accustomed to (Europeans generally do!), on a daily basis, and the terrain we visit is often steep, uneven and without elevators. Though we and our vendors/guides/porters will help you as much as possible, all participants must be capable of fully and happily participating — without any assistance — in the following levels of activity:
- Carry or roll your own luggage for up to ten minutes on uneven surfaces, and carry it up as many as three flights of stairs.
- Be comfortable on your feet for up to four hours walking and standing, both inside and outdoors in all weather conditions, such as sun and rain.
- Sleep with no (or inadequate) air conditioning, and with church bell/traffic or village noise.
- Be able to walk up very steep stairs daily (sometimes stairs stretch for 300 or more yards).
If any of these are deal-breakers for you, please decline your booking with us.
Section II: Trip Participation — Terms, Conditions and Cancellation Policy
These terms and conditions (the “Terms”) outline the policies of Scappare Travel Club Inc. (“STC”) and what is expected of you as a participant on STC’s trips. Among other things, they also outline payment methods and STC’s cancellation/refund/credit policy.
Confirmed Trips:
Any given Trip is considered unconfirmed until we meet minimum numbers, and so we strongly encourage you to refrain from making any non-refundable or irreversible travel plans (such as booking flights) until you have received an email confirmation from us that the minimum number for your Trip has been met. You will be informed as soon as possible and no later than 3 months prior to your Trip start date whether the minimum number for your Trip has been met. To clarify, you are not booked on a Confirmed Trip – even if you have made a deposit or paid in full- until you get an email from us stating you are on one. This is because there are minimum numbers of participants we need to reach in order to run any given trip.
Included Services:
Included in your Trip are shared accommodation in a hotel with one other guest (solo travelers requesting a solo room may purchase this option), daily sightseeing conducted by STC affiliated guides, and ground transportation including taxi, driver, train and bus. Daily breakfasts, certain other meals, and gratuities are also included (please refer to your trip’s page for specifics). Each hotel room includes an ensuite private bathroom with shower.
Services Not Included:
Our Trips do not include transportation before or after the Trip, and any personal expenses other than those specifically identified under “Included Services.” Our trips do not include airfare.
Flexibility & Unused Services:
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by Scappare Travel Club. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of STC (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of STC, including your removal from a Trip because of your negligence or breach of these Terms.
Cancellation, Refund, Credit Policies:
The payment schedule for 2024 STC trips is as follows:
| Upon Booking | 50% Deposit Due. |
| 0-7 days After Booking | Receive a full refund for the 50% deposit. |
| 7 days After Booking | No refunds. |
| 90 days Before Trip Start Date | Balance is due. |
| 100 Days or More Before Trip Start Date | Option to transfer your booking to another person. |
| 0-99 Days Before Trip Start Date | No option to transfer booking to another person. |
| 90 Days or More Before Trip Start Date | Trip Confirmed Email Sent to Guests. |
- Once you have paid your deposit, you have one week (7 days) to cancel your booking and receive a full cash refund.
- After this one-week grace period has passed, the initial deposit becomes non-refundable. This is not because we want to keep your money, it is because once we have paid and confirmed services with our vendors in Italy, it becomes non-refundable to us also.
- The remaining balance for your Trip is due 90 days before the trip start date.
- Regardless of which payment options are offered to you at the time of booking, all monies collected are non-refundable for any Trip that is an officially Confirmed Trip.
- Our system is automated, and a receipt of payment is emailed to you when a payment is processed. If we cannot process a payment, we will notify you. Please review your receipt and contact info@scapparetravelclub.com if you have questions.
Cancellation Process Initiated by Guest:
Please write to info@scapparetravelclub.com to initiate a cancellation and we will provide an official cancellation letter you can use to submit to your insurance, if applicable. Please kindly be aware that any monies collected by STC are not refundable other than in the following two (2) circumstances: (1) Your initial deposit is refundable for any reason within 7 days of receipt, and (2) if STC cancels the trip due to not meeting minimum numbers.
Cancellation of Trip by Scappare Travel Club Inc. for Limited Reasons:
STC reserves the right to cancel or reschedule any Trip departure for any reason, including if there are too few participants, if we must cancel a trip due to insufficient enrollment for reasons not due to Force Majeure, all trip members will be notified a minimum of 90 days before the trip departs and will have the option to receive a refund of payments.
Cancellation of Trip by Scappare Travel Club Inc. for Force Majeure:
STC reserves the right to cancel or reschedule any vacation departure for any reason. If the cancellation is due to Force Majeure (terrorism, political unrest, an Act of God, pandemic, or other cause beyond the reasonable control of STC), STC will not issue cash refunds or assign travel credits. STC is not responsible for any incidental expenses or consequential losses that you may incur as a result of a canceled Trip, including visas, vaccinations, non-refundable or non-transferable flight or other transportation tickets, non-refundable car parking or other fees, loss of earnings and loss of employment. It is uncommon for a Force Majeure event to occur, but we regretfully cannot refund or issue travel credit where Force Majeure is activated, even after your Trip has begun. We are not obligated to seek refunds from suppliers for services already paid. This is why we recommend purchasing travel insurance so you can claim lost expenses as a result of Trip cancellations that are beyond our control.
Transfer Policy:
Subject to certain conditions, you may transfer your Trip booking to another person 100 days or more before a Trip. Subject to availability, and never between 99-0 days before a Trip.
Travel Credits:
No travel credit or transfer of funds to a future trip will be issued or carried forward if you have booked a Trip on the 2024 schedule and you become unable to travel. Again – this is not because we want to keep your money. Please understand that this is because we pay non-refundable deposits to our vendors when you commit to traveling with us, and can no longer offer travel credits for any part of your booking.
No Refunds or Credits After the Trip Start Date:
No full or partial refunds or credits will be issued upon the completion of your trip or during your trip for unused/skipped services, early departures, late arrivals, involuntary program removal, or missed days of the itinerary for any reason, including illness by you or quarantine.
Trip Fees, Discounts, Promotions:
It’s possible that different people on the same trip may have been charged different rates. This is because at times we offer booking incentives at various times of the year, so the rate paid depends on the booking period in which your initial reservation was initiated. If any discounts on pricing come available after you have paid your deposit, you are not entitled to a discount on your balance. If you wish to cancel your booking, full cancellation conditions apply as set out in this cancellation policy.
Authorization of Final Payments:
If we have not received payment by the due date, nor written cancellation request by you, we reserve the right to charge the credit card we have on file for the owed amount. If payment fails, we shall be entitled at our discretion to treat the missed payment as a breach of contract and cancel your reservation. We also retain the right to assign your spot to the next eligible traveler without any refund to you.
Credit Card Chargeback Policy:
If you are not pleased with our services for any reason, you agree to work with us in good faith to resolve your dispute and acknowledge that chargebacks are not a way to avoid our clear cancellation, refund, deposit and transfer policies. We will vigorously fight fraudulent chargebacks and should we win any chargeback that you initiate, you agree to pay any damages we suffer as a result of your chargeback dispute.
Acceptance of Risk:
You acknowledge that Scappare Travel Club and the products and services offered by STC and their affiliated guides and Trip Operators may involve a significant amount of risk to your health and safety. By traveling with STC you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release STC and all affiliated guides and Trip operators from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Trip itineraries or otherwise offered by STC. STC requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your Trip. You will be provided the Waiver to look over and sign.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries or regions where Trips take place are often lower than the standards you may reasonably expect in your home country or region. You agree that STC and its affiliated guides and Trip Operators are not responsible for your personal safety or that of your belongings, providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Trip, activity, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Trip or, if in the opinion of the STC, its affiliated guides or Trip Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, STC may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the STC’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by STC or the STC’s suppliers for property damage, destruction or theft caused by you while on a Trip. You agree to immediately report any pre-existing damage to a representative of STC and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on the trip including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither STC its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the STC as soon as possible in order to provide STC with the opportunity to properly address such complaint. You agree to inform your Trip host, another representative STC or STC’s customer service department directly. STC assumes no liability for complaints that are not properly brought to the attention of Scappare Travel Club and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a trip must be received in writing by STC within 30 days of the last day of travel of the booking in question.
Scappare Travel Club is not liable for third party suppliers:
STC makes arrangements with accommodation providers, activity providers, airlines, railroads, coach companies, transfer operators, Trip and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although STC takes all reasonable care in selecting Third Party Suppliers, STC is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and STC does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
Scappare Travel Club is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than STC and its employees.
Scappare Travel Club is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Time on your own:
Time on your own is defined as any time you choose to venture out on your own in any travel or activities not expressly included in the Trip itinerary or price of the Trip, and which does not form part of the Trip. You agree that any assistance given by STC’s representative(s) in arranging, selecting, or booking, anything you do in such case is purely at your request and STC makes no warranties and expressly disclaims any liability whatsoever arising from participation or any information provided by any representative of STC. You release STC from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from time on your own.
Arbitration Clause
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $100,000, the party requesting relief elects to resolve the dispute through Binding-non-appearance-based arbitration (“Arbitration”). The party shall initiate such arbitration through the American Arbitration Association.
Each party shall bear its own costs, fees, and attorneys’ fees in the event of an action or proceeding arising out of this Agreement.
Liability: (also see section V below, waiver must be signed to travel)
Scappare Travel Club and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against STC for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of STC or of the Third Party Suppliers of any services which form part of the booking contract then STC limits its liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms and any liability of Scappare Travel Club and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to STC and/or the Carrier:
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by STC up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from STC on request.
In so far as Scappare Travel Club may be liable to you in respect of claims arising out of carriage by sea, the Trip Operator is entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. STC’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which STC may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, Scappare Travel Club will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Scappare Travel Club may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Trip, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then Scappare Travel Club liability will not exceed $1,000 USD. STC will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against STC and its suppliers, contractors or other third parties.
Section III: Travel Cancellation and Travel Medical Insurance:
Note that many companies offering travel insurance require the policy to be purchased within weeks of the initial trip deposit in order to receive coverage.
You agree to assume all costs of medical care and transportation during the trip should it be provided to you. You also agree that you have been strongly advised to purchase travel and medical insurance, at your expense.
- Strongly Recommended Insurance Requirements:
Travel medical and emergency evacuation insurance is strongly recommended to travel with us. Travel medical insurance should cover personal injury, medical treatment, evacuation expenses, including helicopter rescue, air ambulance and repatriation. Please refer to your policy carrier for recommended coverage amounts.
You are strongly recommended to extend your coverage to include cancellation, curtailment/trip interruption, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Trip offered by Scappare Travel Club and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
Trip cancellation insurance, which covers expenses related to you being unable to travel, is highly recommended. Trip cancellation insurance may be your only recourse for receiving reimbursement for non-refundable expenses should your trip be canceled, postponed, interrupted, or rescheduled, for any reason, whether by STC or by you. You are responsible for understanding the specifics of your travel insurance policy, including that there are no exclusions that would limit the coverage that you might reasonably need. If you have insurance coverage already, please check your insurance policy to see if it provides the coverage described above. It is your responsibility to verify your insurance policy details with your insurance provider to ensure STC’s policy requirements are met, and your needs to be reimbursed for non-refundable expenses are met.
15. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES
“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.
Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.
Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by STC and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities or STC, which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by STC at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following STC physical distancing requirements.
You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by STC and/or Public Health Authorities and/or other governing bodies are subject to change. STC reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.
It is the responsibility of the Guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency travel warning against travel to the specific destination location(s) of the Journey, should the Guest still choose to travel, notwithstanding any travel advisory, the Guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against. You are also strongly encouraged to review any CDC travel advisory, warning, or recommendation relating to travel prior to making your Journey reservation at https://www.cdc.gov, and to visit the U.S. State Department’s website at http://travel.state.gov.
Section IV: General Group Travel, Including Modifications to Proposed Trip Itinerary:
Modifications of Trip:
We reserve the right to modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of guests, including the right to replace guides, accommodations, modify the order in which places are to be visited, make substitutions for planned activities (such as a boat Trip if the weather is bad). By traveling with us you acknowledge that changes can be made without prior notice due to local events, illness, strikes, disputes, weather, and other unforeseeable factors. STC shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement. Note that if we alter, modify, postpone, or reschedule your Trip or offer you a credit, such action does not constitute a “cancellation” of your Trip by us.
Guides:
Guides can work solo, in pairs, be swapped up in the middle of Trips for illness, be replaced the day before because of logistics. Company founders, Maria Goldman and Amy Chambers, try to be on scheduled Trips but will make no guarantees for particular guides, although we try our very best to place the best guides on the best routes for their skill set.
Removal from Trip:
STC reserves the right to remove you from a Trip if your actions are deemed incongruent with group travel. The decision of the lead guide is final and expenses associated with being removed from a Trip are at your own responsibility. The Conduct Expectations are explained under “Section I: Trip Participation — Conduct”.
Medical Conditions and Allergies:
It is recommended that you accurately disclose all relevant personal medical and allergy information to STC so guides are aware of issues that could affect your health while traveling or should you be hospitalized. You are responsible for assessing whether any particular activity is suitable for you given your unique circumstances. STC does not provide medical advice. STC reserves the right to deny you permission to participate in any aspect of a trip at any time if STC determines, at its sole discretion, that such participation would endanger yourself or others.
Special Requirements:
Any special requirements must be disclosed to Scappare Travel Club at the time of booking. STC will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to STC at the time of booking but STC cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and STC and STC is not liable for any failure to accommodate or fulfill such requests.
Health and well-being:
Should you become injured or fall ill on the trip, please let your guide know immediately so that we can help you get medical attention right away.
Visas and Passports:
All passengers traveling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take time, so check your passport now and allow yourself plenty of time before your departure date to obtain travel documents. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of Italy. Visa and entry documents must be obtained independently. Non-U.S. citizens must consult with appropriate consulates to determine if any visas are needed.
STC is not responsible for providing you with specific visa and passport information or documentation, or for any fees associated with obtaining these documents, and STC cannot and does not accept liability whatsoever for any passenger refused entry onto any transport or into any country due to failure by the passenger to carry correct documentation or adhere to specific entry and exit requirements for any country, region, or destination.
Consent to Use of Photos and Videos:
During any trip, photos or videos of you may be taken by STC or other Trip participants. You consent to such pictures or videos being taken and grant STC a perpetual, royalty-free, worldwide irrevocable license to reproduce and publish such pictures and videos on its website or in any other medium (including for marketing and promotional purposes), without any obligation owed to you or any compensation payable to you.
You agree that, while participating in any Trip, images, photos or videos may be taken by other participants, Scappare Travel Club or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to STC, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
Validity of Digital Signature:
Upon us confirming your participation in a Trip, you will be asked to acknowledge, accept and sign these Terms & Conditions in their entirety. You may choose to download and read the paper agreement if you print it, a PDF can be provided to you upon request. You understand that a paper copy is available for you to read, and you have chosen to sign a digital copy of this agreement.
General and Governance:
These Terms are effective and binding on your heirs, next of kin, executors, administrators and representatives in the event of your death or incapacity. These Terms are governed by and interpreted solely in accordance with the laws of the State of California and the United States of America and no other jurisdiction and any litigation arising from these Terms shall be brought solely within the State of California and shall be within the exclusive jurisdiction of the Courts of the State of California, USA. If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision of these Terms will in no way affect the validity or enforceability of any other provision.
Privacy Policy:
Scappare Travel Club must collect your personal information to deliver the Trip and any products or services booked. STC collects, uses and discloses only that information reasonably required to enable STC and its Third Party Suppliers to provide the particular Trip, products and/or services that you have requested as described in STC’s Privacy Policy, which can be accessed any time at https://www.scapparetravelclub.com/privacy/and is expressly incorporated into these Terms. By submitting any personal information to STC, you indicate your acceptance of STC’s Privacy Policy.
We are required to collect certain personal information to deliver our Trips, and will not sell or rent your information. You understand that travel with us requires us to collect some personal data from you, and adhere to local laws, such as submitting passport information to hotels (this is standard).
Updating of Terms and Conditions:
We occasionally update our terms and conditions and reserve the right to amend them. Any amendment will take place 7 days after posting to our website. We will also email you a hard copy when you register for one of our Trips. Should our T&C change mid-season, we will inform you in writing.
Merger:
The matters contained in this agreement supersede all previous agreements and negotiations.
Section V: Release of Liability, Waiver of Claims, Assumptions of Risk & Indemnity Agreement
PLEASE: READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTIONS OF RISK AND INDEMNITY AGREEMENTS HAVE HELD UP IN UNITED STATES COURTS. BY SIGNING THIS DOCUMENT AND BY PARTICIPATING IN A TRIP WITH STC YOU ARE ASSUMING PHYSICAL, FINANCIAL, AND LEGAL RISKS AND WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH HAVE POTENTIAL FINANCIAL IMPLICATIONS FOR YOURSELF AND/OR YOUR FAMILY SHOULD YOU BE INJURED, INCAPACITATED, OR KILLED WHILE PARTICIPATING ON A SCAPPARE TRAVEL CLUB INC. TRIP. BY SIGNING THIS DOCUMENT, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND CLEARLY THAT TRAVEL OUTSIDE OF YOUR COUNTRY OF ORIGIN MAY HAVE INHERENT RISKS AND YOU FULLY ACCEPT AND ASSUME SUCH RISKS.
TO: Scappare Travel Club Inc. (“STC”), and its directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”)
In consideration of the Releasees allowing me to participate in trip activities (as defined below) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. Definitions
This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnifying Agreement is hereinafter referred to as the “Agreement.”
The term “trip activities” means all activities related to your visit to Italy facilitated and curated by STC, including, but not limited to, international travel, travel or movement by aircraft, train, water taxi, ferry, helicopter, automobile or other vehicle (including motorcycles and scooters), hotel stays and other accommodation, physical activities with and without instruction including hiking, swimming, walking Trips (on various terrain including uneven surfaces), consumption of meals and alcoholic beverages and all activities incidental to those listed above.
2. Assumption of Risks
I UNDERSTAND THAT STC will not permit me to participate in any trip activities unless I sign this Agreement, and that this Agreement applies to any trip activity whether occurring in the near future, or distant future, and that the terms of the Agreement need not be brought to my attention each time I participate in any trip activity in order to be effective.
I UNDERSTAND THAT risks are inherent in the very nature of the trip activities and international travel and that participating in trip activities may expose me to known and unanticipated risks, dangers, and hazards. Such risks, dangers and hazards may include, but are not limited to, damage to or loss of property, serious physical or emotional injury, paralysis and death as a result of the following: a) criminal acts by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest, natural disaster, extreme weather conditions, exposure to polluted or contaminated water; b) transport in trains, taxis, ferries, water and land vehicles; c) alteration, delay, extension or cancellation of the trip activities due to natural disaster, civil unrest, war, terrorist attack, medical quarantine, or any other disturbances or causes, and including but not limited to guide’s sickness or inability to guide; d) unavailability of life saving services or immediate medical attention; e) my own physical condition and my own acts or omissions, f) my own failure or that of other trip participants to follow instructions of STC guides or affiliated guides; g) negligence of trip participants or any other persons; h) becoming lost or separated from my party or guide; and i) the consumption of food and/or alcoholic beverages.
I UNDERSTAND THAT risks may result from human error and negligence on the part of persons, including the Releasees, involved in preparing, organizing, and leading/guiding trip activities, which could result in a failure to safeguard or protect me from the risks, dangers and hazards associated with trip activities. While I understand that STC will make reasonable efforts to minimize exposure to known risks, I have a personal responsibility to, and shall, learn and follow all applicable safety rules and procedures and to make STC’s representatives aware if at any point I question my knowledge of applicable safety rules or procedures or my ability to participate in any activity.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH TRIP ACTIVITIES AND, HAVING CONSIDERED MY OWN PERSONAL CAPABILITIES AND NEEDS, I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LOSS RESULTING THEREFROM.
3. Release of Liability, Waiver of Claims and Indemnity
3.1 I hereby agree to waive any and all claims that I have, or may in the future have, against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I, or any other person including my next of kin, may suffer resulting from my preparation for and participation in any trip activity, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Releasees, and also including the failure on the part of the Releasees, whether due to negligence or otherwise, to safeguard or protect me from the risks, dangers, and hazards referred to above. For greater certainty, I expressly acknowledge and agree that the Releasees are not responsible for any acts or omissions of third parties that may be engaged by any of the Releasees in connection with the provision of any trip activities.
3.2 I acknowledge that in accordance with the above and STC’s Terms and Conditions, trip itineraries are subject to change (either before or during the trip) and/or cancellation at the discretion of STC, including due to weather, natural disaster, civil unrest, war, terrorist attack, a guide’s sickness or inability to guide, lack of participants, or if the quality of the trip or the safety of the travelers is judged to be compromised. STC is not responsible for any incidental expenses or consequential losses that I may incur as a result of any changes to a trip or cancellation of a trip, including in respect of visas, vaccinations, non-refundable or non-transferable flights or other transportation tickets, non-refundable car parking or other fees, loss of earnings and loss of enjoyment.
3.3 I hereby agree to hold harmless and indemnify the Releasees from any and all actions, causes of action, suits, liabilities, costs, expenses, claims or demands whatsoever, including reasonable legal fees and disbursements relative to the same, at law or in equity, resulting from my participation or presence on any STC trip activity, including in respect of any damage to the property of, or any personal injury including myself any third party.
3.4 I acknowledge that I have been advised to purchase medical and travel insurance for myself prior to my trip and agree to hold harmless the Releasees from any and all expenses related to first aid or medical treatment and/or evacuation of myself in the event of an accident, injury, or illness, including but not restricted to, ambulatory care, first aid, surgery and post surgery care, medication, and hospital care. I acknowledge and agree that all expenses associated with any medical treatments or rescue whatsoever and howsoever arising during or as a result of my trip to Italy with STC will be my responsibility and will not be covered by the Releasees.
3.5 I, at my own expense, will defend and indemnify the Company STC, its directors, officers, and employees from any third party claims or actions for loss, damage or liability, including reasonable legal costs, as a result of or in connection with my breach of this Agreement.
3.6 STC shall not be liable for any death or injury to the Client, agents or associates, or for any damage or loss to equipment, personal property or other material in the course of travel with STC or otherwise arising out of this Agreement. STC limits its liability to the amount paid by me, for any and all legal claims against STC initiated by me.
3.7 No waiver of any provision of this Agreement, including waiver of a breach of this Agreement, shall constitute a waiver of any other provision or breach of this Agreement unless expressly provided otherwise. No waiver shall be binding unless executed in writing. This Agreement may not be modified other than by a document in writing signed by duly authorized officials of me, the Client and STC.
4-5. General
4.1 This Agreement shall be effective and binding on my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity.
4.2 This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction.
4.3 Any litigation arising from this Agreement shall be brought solely within the State of California and shall be within the exclusive jurisdiction of the Courts of the State of California.
4.4 If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision of this Agreement will in no way affect the validity or enforceability of any other provision.
4.5 I agree that I understand clearly that STC is and shall be deemed to be acting for itself and as an agent on behalf of and for the benefit of the Releasees for the purpose set out in the above-stated clauses of this agreement.
4.6 I confirm that I am of sufficient age (18 years) and mental capacity to sign this Agreement.
4.7 I confirm that I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Agreement.
4.8 In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of trip activities other than what is set forth in this Agreement.
4.9 I have read and understood this Agreement prior to signing it, and I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releases.
5.0 Class Action Waiver
Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against STC’s Guest’s individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against STC whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.
5.1 Claims for Emotional Distress
STC shall not be liable to the Guest for any emotional distress, mental anguish or psychological injury of any kind, for any reason. The Guest waives their right to pursue such action or damages against STC.
5.2 Claims of Improper Performance or Breach of the Contract
STC’s liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.
5.3 No Consequential, Indirect or Punitive Damages
Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall STC or its members, partners, shareholders, directors, officers, managers, employees or agents be liable for any indirect, consequential, incidental or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.
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