Terms and conditions
Tend the Table Foundation (“we,” “us,” “our,” or the “Organizer”), a non-stock corporation organized under the laws of the State of Delaware offering pre-arranged travel experiences to countries outside of the United States, including Italy, as part of its charitable mission. These Terms and Conditions (the “Terms”) govern the sale of any travel package by the Organizer to you. Please read them carefully. By booking a travel package, making any payment, or traveling on a package, you accept these Terms on your own behalf and on behalf of every person in your booking.
article 1: Definitions
“Booking” means a confirmed reservation for a Package.
“Booking Confirmation” means the written confirmation (including by email) we issue accepting your Booking.
“Lead Traveler” means the person who makes the Booking. The Lead Traveler must be at least 18 years old and is responsible for the entire Booking, including all payments and for ensuring that all other travelers in the Booking accept and comply with these Terms.
“Package” means the combination of travel services (which may include transportation, accommodation, meals, transfers, excursions, guides, and other services) described in the applicable itinerary or brochure and confirmed in the Booking Confirmation.
“Supplier” means any third party that provides a component of the Package, including airlines, cruise and rail operators, hotels, ground operators, restaurants, guides, and excursion and activity providers.
“Traveler,” “you,” and “your” mean the Lead Traveler and each person named in the Booking.
ARTICLE 2: The Package
Section 2.1. Inclusions. The Package includes only the services expressly described as included in the itinerary in effect at the time of Booking and set out in your Booking Confirmation. Any summary of inclusions and exclusions that appears in the itinerary is subject to change. The final itinerary that you receive and the Booking Confirmation control.
Section 2.2. Exclusions. Items that are not included in the package (unless expressly stated otherwise) are international and domestic airfare; passport and visa fees; travel insurance; airport, departure, and tourist taxes and city/accommodation taxes payable locally; meals, beverages, and gratuities not specified as included; optional and additional excursions and activities not specifically included; items of a personal nature; all incidentals incurred at any accommodation (e.g., hotel); and any cost arising from delays, itinerary changes, or events beyond our control.
Section 2.3. Depictions and Ratings. Descriptions, photographs, ratings, and itineraries are provided for general guidance and are subject to change. Hotel and vessel ratings reflect local standards, which may differ from those in the United States.
ARTICLE 3: Booking and Formation of the Contract
Section 3.1. Booking Procedures. To request a Booking, the Lead Traveler must submit a completed reservation and the required deposit pursuant to Section 4.1. Submitting a reservation is an offer by you to purchase the Package on these Terms.
Section 3.2. Binding Contract. A binding contract is formed only when we issue a Booking Confirmation. We reserve the right to decline any Booking in our discretion before issuing a Booking Confirmation.
Section 3.3. Responsibility for Errors. You are responsible for reviewing the Booking Confirmation immediately and notifying us within three (3) days of any error or omission relating to the information provided by you in order to create the Booking. We are not responsible for losses or travel delays, interruptions, or cancelations arising from inaccurate information you supply (including misspelled names or incorrect dates).
ARTICLE 4: Prices and Payment
Section 4.1. Deposit. A non-refundable deposit of 50% of the Package price per Traveler is due at the time of Booking.
Section 4.2. Balance. The balance of the Package price is due no later than 30 days before departure. If we do not receive full payment by the due date, we may treat the Booking as cancelled by you and apply the cancellation charges in Section 6.2.
Section 4.3. Currency. All prices are quoted and payable in U.S. dollars by accepted payment methods. Any items that are not prepaid through the Booking may be charged in euros at the time of sale. You are responsible for any card, bank, or currency-conversion fees imposed by your financial institution.
Section 4.4. Price Increases. Package prices are based on costs, exchange rates, taxes, and fees in effect at the time of quotation. We shall not increase the Package price before final payment, regardless of increases in transportation costs (including fuel), taxes or fees chargeable for services (including departure, arrival, and tourism taxes), and exchange-rate fluctuations. However, anything that is quoted but not paid through the Booking in advance (such as airport transfers) may be subject to real-time price increases. We are not responsible for any differences between quoted fees and actual prices, and any fee quotes you receive are for reference purposes only.
ARTICLE 5: Changes and Transfers by You
Section 5.1. Changes. If you ask to change a confirmed Booking (for example, Traveler details), we will use reasonable efforts to accommodate the request but cannot guarantee it. Approved changes are subject to a change fee of $100 per change plus any additional Supplier charges and any increase in the Package price.
Section 5.2. Transfer of Booking. You may transfer your Booking to another person who satisfies all conditions applicable to the Package, provided you give us reasonable written notice no later than 30 days before departure and the transferee accepts these Terms. You and the transferee are jointly responsible for the balance due and for any Supplier transfer fees and additional costs. Some Supplier services (including most airline tickets) are non-transferable, and any such component may be lost. Any Booking transfers will incur a $250 fee.
ARTICLE 6: Cancellation by You
Section 6.1. Cancellation. To cancel the Booking, the Lead Traveler must give us written notice. Cancellation takes effect on the day we receive the notice.
Section 6.2. Cancellation Charges. Because we commit to Suppliers well in advance, the following cancellation charges apply (expressed as a percentage of the total Package price):
Days before departure that written notice is received
Cancellation charge
29–0 / no-show
100%
50%
60-30
Section 6.3. Deposit. The deposit is non-refundable in all cases. Certain Supplier charges (including special events) may be non-refundable from the time of Booking, in addition to the charges above. Cancellation charges are a reasonable pre-estimate of our losses and are not a penalty.
Section 6.4. Refunds. No refund will be made for any unused portion of a Package once travel has begun, including for missed transportation, accommodations, meals, excursions, or services not used for any reason.
ARTICLE 7: Changes and Cancellation by Us
Section 7.1. Minor Changes. We may make minor changes to a Package at any time. We will notify you where practicable but are not liable for minor changes.
Section 7.2. Significant Changes. If, before departure, we must make a significant change to a Package (for example, a change in destination region, or a multi-tier downgrade in accommodation category for a substantial part of the trip), we will notify you as soon as reasonably possible and offer you, in our sole discretion and where feasible: (a) acceptance of the changed arrangements; (b) an alternative Package of comparable standard, if available (paying or refunding any price difference); or (c) cancellation with a full refund of amounts paid to us.
Section 7.3. Cancellation by Us. We may cancel a Package before departure, including if the minimum number of participants is not reached or as a result of a Force Majeure Event (Article 8). If we cancel for reasons other than your default or a Force Majeure Event, we will offer you an alternative Package (where available) or a refund of amounts paid to us.
Section 7.4. Limit of Our Responsibility for Changes and Cancellation. Except as expressly stated in this Article 7, we are not liable for any further compensation, and we are not responsible for any incidental or consequential expenses you incur for any reason, including but not limited to such expenses arising as a result of a change or cancellation, including visas, vaccinations, non-refundable flights, or other arrangements you made independently.
ARTICLE 8: Force Majeure
Section 8.1. Force Majeure. We are not liable for any failure or delay in performing, or for cancelling or changing a Package, due to any event or circumstance beyond our reasonable control (a “Force Majeure Event”), including: acts of God; natural disasters (earthquakes, floods, volcanic activity, wildfire, severe weather); epidemic or pandemic and related governmental measures, quarantines, or travel restrictions; war, terrorism, civil unrest, or riot; strikes or labor disputes; government action, border closures, or advisories; failure of utilities or transportation networks; and Supplier insolvency or failure.
Section 8.2. Obligations During a Force Majeure Event. Where a Force Majeure Event affects a Package, our obligations are suspended for the duration of the event, and Articles 6 and 7 apply. Any refund we offer will be net of unrecoverable sums we have paid or committed to Suppliers.
ARTICLE 9: Suppliers and Independent Contractors
Section 9.1. Suppliers. We act only as an organizer and coordinator of the travel services that make up the Package. All Suppliers are independent contractors and are not our employees, agents, partners, or joint venturers. We do not own, manage, control, or operate any Supplier.
Section 9.2. Supplier Terms and Conditions. Supplier services are subject to the Suppliers’ own terms and conditions, tariffs, and conditions of carriage, which may limit or exclude the Supplier’s liability to you. You agree to be bound by them, and you may be required to sign additional liability waivers for these Suppliers prior to receiving services from them. Failure to sign such additional liability waivers or other requirements of Suppliers may result in your inability to participate in some or all of the services those Suppliers offer. In that case, you will not be entitled to any refund of amounts paid, and we shall not be liable for any losses or damages of any kind that you incur.
Section 9.3. Acts and Omissions of Suppliers. We are not responsible for the acts, omissions, defaults, negligence, or insolvency of any Supplier, or for any injury, loss, damage, delay, or additional expense arising from Supplier services, except to the extent such responsibility cannot lawfully be excluded.
ARTICLE 10: Assumption of Risk
Section 10.1. Assumed Risk. Travel involves inherent risks. As outlined in the Release and Waiver of Liability (the “Release”) executed contemporaneously with these Terms, by traveling on a Package, you knowingly and voluntarily assume all risks associated with the trip, including risks arising from transportation; foreign medical care and facilities; local conditions, sanitation, food, and water; terrain, weather, and natural conditions; physical activities and excursions; crime; political conditions; and illness, including communicable disease.
Section 10.2. Representations of Fitness to Travel. You represent that each Traveler is medically and physically fit to participate in the Package and its activities, and you are responsible for evaluating whether the Package is appropriate for each Traveler. You must notify us in writing at the time of Booking of any medical condition, disability, or dietary or mobility requirement (including allergens) so we can advise whether the Package can accommodate it. We may decline a Booking we reasonably determine we cannot safely accommodate. We are not responsible for any false representations made by you or any failure to notify us of dietary or mobility restrictions in advance of Booking.
ARTICLE 11: Limitation of Liability and Indemnity
Section 11.1. Limitation of Liability. As outlined in the Release, to the fullest extent permitted by applicable law, you waive all liability arising out of or relating to a Package or these Terms.
Section 11.2. Damages. To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost enjoyment, lost profits, or emotional distress, arising out of or relating to a Package, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Section 11.3. Limitations of Law. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited such as certain liabilities arising from our own negligence. However, our liability is limited to the greatest extent permitted by law in every applicable jurisdiction.
Section 11.4. Indemnification. You, on behalf of yourself and all other Travelers under the Booking, agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS us and the Suppliers from and against any and all claims demands, losses, or damages of any kind, type, or nature made, brought, or incurred by anyone, including you, arising out of or in any way related to the Booking, Package, Supplier services, or your participation in the travel itinerary governed by these Terms, including but not limited to claims arising out of NEGLIGENT actions and/or inactions of us to the fullest extent permitted by law. These indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by us through and including any appeals.
Section 11.5. Release. Nothing in these Terms shall in any way limit the terms of the Release, which shall be enforceable against you in addition to these Terms.
ARTICLE 12: Travel Insurance
Section 12.1. Independent Travel Insurance. We strongly recommend that you purchase independent, comprehensive travel insurance at the time of Booking, including coverage for trip cancellation and interruption, medical expenses and emergency evacuation, repatriation, baggage, and travel delay. Insurance is not included in the Package price unless expressly stated. We have no obligation to provide you medical assistance and you hereby release and forever discharge us from any claim whatsoever which arises out of or relates to or may hereafter arise out of or relate to any first aid, treatment, or medical service of any type, kind, or nature rendered in connection with the Package. You are solely responsible for all costs related to any medical treatment, medical transportation, and/or evacuation.
Section 12.2. Adequacy of Insurance and Assumption of Risk. You are responsible for ensuring that any insurance you obtain is adequate for your needs. Declining insurance is at your own risk.
ARTICLE 13: Passports, Visas, Health, and Entry Requirements
Section 13.1. Passports and Other Required Documentation. It is your sole responsibility to obtain and carry a valid passport and any required visas, permits, and travel authorizations, and to satisfy all entry, health, and documentation requirements for the destination(s) described in the Booking and any transit or connecting country you may pass through in order to reach such destination(s). You should be aware that many countries require that a passport be valid for at least six months beyond your last day of travel.
Section 13.2. Health and Entry Requirements. You are responsible for ascertaining and complying with current health and entry requirements, including any vaccination, testing, or travel-authorization requirements (for example, EES/ETIAS or other country-specific requirements in effect at the time of travel), and for consulting official government sources, such as the U.S. Department of State and the U.S. Centers for Disease Control and Prevention which may provide specific guidance about your destination.
Section 13.3. Failure to Meet Entry Requirements. We are not liable for any loss, delay, denied boarding, denied entry, or cost resulting from your failure to hold proper documentation or to meet entry or health requirements, and no refund will be due in that event. Without limiting anything in this Article 13, it is your sole responsibility to ensure you meet any and all criteria to: (a) leave your country of origin, (b) enter any destination country described in the Booking, (c) leave any destination country described in the Booking, and (d) re-enter your country of origin. We have no obligation to assist you in any repatriation.
ARTICLE 14: Traveler Conduct
Section 14.1. Conduct. You must comply with the laws of your destination described in the Booking and any transit country, with Supplier rules, and with the reasonable instructions of our representatives and guides. We and our Suppliers may refuse to allow you to continue on a Package, without refund, if your conduct is disruptive, unsafe, unlawful, damaging of our reputation, or causes or is likely to cause distress or danger to others or damage of real or personal property. Without limiting anything in Section 11.4, you are responsible for any damage or loss you cause and must indemnify us for it, including but not limited to any costs and attorneys’ fees we may incur.
ARTICLE 15: Claim Limitations Period
Section 15.1. Traveler Complaints. If a problem arises during the trip with respect to any portion of the Package, you must report it immediately to our representative or the relevant Supplier. Failure to report a problem promptly may reduce or extinguish any claim.
Section 15.2. Limitation on Period to Assert Claims. To the fullest extent permitted by applicable law, any claim, demand, action, or proceeding arising out of or relating to these Terms, any Booking or Package, or the itinerary related thereto, whether in contract, tort, statute, or otherwise, that may lawfully be subject to a contractual limitations period (an “Action”) must be commenced no later than six (6) months after the Travel Package End Date. The “Travel Package End Date” means the earlier of: (a) the last date on which services included in the Package are scheduled to be provided; or (b) the effective date of cancellation or termination of a Package under these Terms. The parties intend this Section to be a contractual statute of limitations, and each Traveler knowingly and voluntarily waives any longer statute of limitations that otherwise may apply to any covered Action, to the fullest extent permitted by applicable law.
This Section 15.2 does not apply to any claim to the extent that: (i) applicable law prohibits contractual shortening of the limitations period for that claim; (ii) applicable law treats the otherwise-applicable filing period as non-waivable; or (iii) applying this Section 15.2 would require the claim to be filed before the claim accrues under applicable law or before the claimant could reasonably satisfy a mandatory condition precedent to suit. Any customer-service review or complaint process offered under this Agreement is optional and is not a condition precedent to suit.
ARTICLE 16: Dispute Resolution; Arbitration; Class Action Waiver
Section 16.1. Informal Resolution. Before commencing any proceeding, the parties will attempt in good faith to resolve any dispute for a period of no less than 30 days.
Section 16.2. Binding Arbitration. Any dispute arising out of or relating to a Package or these Terms that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be seated in New York County, New York, and judgment on the award may be entered in any court of competent jurisdiction.
Section 16.3. Waiver of Class Action. Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, or representative action.
Section 16.4. Waiver of Jury Trail. To the extent any dispute proceeds in court, you and we waive any right to a trial by jury.
ARTICLE 17: Governing Law and Forum
Section 17.1. Governing Law and Forum. These Terms and any dispute relating to a Package are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. If arbitration under Section 16.2 does not apply, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you consent to their jurisdiction and venue.
ARTICLE 18: Photography and Marketing
Section 18.1. Consent for Use of Likeness. You consent and authorize us to take photographs, movies, films, videotapes, tape recordings, electronic media, sound recordings, or other reproductions (collectively, “Reproductions”) of you during the Package and consent to the use, copyright, license, publication or broadcast of such Reproductions for advertising, educational, promotional, publicity, or other purposes on our part. We shall be the sole and exclusive owner of the Reproductions. If you wish to revoke this consent, you must notify us in writing before departure.
ARTICLE 19: Privacy
Section 19.1. Collection of Personal Information. We collect and use personal information to arrange and deliver the Package, including sharing it with Suppliers and authorities as necessary (collectively, “Data Processing”). You consent to and authorize our Data Processing.
ARTICLE 20: Miscellaneous
Section 20.1. Entire Agreement. These Terms, together with the itinerary and Booking Confirmation and Release, are the entire agreement between you and us regarding the Package and supersede all prior discussions and representations. Nothing in these Terms limits any remedy that may not lawfully be limited.
Section 20.2. Amendments. We may update these Terms from time to time; the version in effect at the time of your Booking governs your Package.
Section 20.3. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.
Section 20.4. No Waiver. Our failure to enforce any provision is not a waiver of it.
Section 20.5. Assignment. You may not assign your rights or obligations except as permitted in Article 5. We may assign or delegate our rights and obligations at any time without notice to you.
Section 20.6. Notices. Notices to us must be sent to [notice address / email]. Notices to you will be sent to the contact details in your Booking.
Section 20.7. Headings. Headings are for convenience only and do not affect interpretation.
ARTICLE 21: Acceptance
By checking the box marked “I have read and agree to the Travel Package Terms and Conditions,” by signing, or by making any payment toward a Package, the Lead Traveler confirms that they have read, understood, and agreed to these Terms on behalf of all Travelers in the Booking.