To be eligible to take a Officine Italia Cycle Tours, Travellers must accept the risks of travel, set out in these Terms & Conditions, and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants or property arising in connection with their participation, or the participation of their family, in the trip. Travellers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage. The cost of all Officine Italia Cycle Tours is based on Travellers agreeing to these Terms & Conditions and in particular this Limitation of Liability, Release and Indemnity. As Officine Italia is acting solely as an agent of you with respect to all transportation, accommodations, meals and other arrangements, in consideration for participating in the trips, Travellers agree not to sue Officine Italia, its employees, directors, successors, agents and assigns in respect of, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip and the actions of any third party service providers—including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property—in each case even if caused in whole or in part by the conduct, including the negligence, of Officine Italia, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Officine Italia or their employees, guides, shareholders, officers or directors, in which case the Traveller retains the right to sue only Officine Italia in respect of that conduct. Travellers further agree that they will indemnify and hold Officine Italia harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the Travellers;
ii) the Traveler's family members, dependants or heirs;
iii) third parties, which the Traveler, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Officine Italia; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Officine Italia, or their employees, guides, shareholders, officers or directors. Officine Italia reserves the right to decline accepting any Traveler whose health or actions in Officine Italia's sole judgment impede the operation of a trip or the welfare or enjoyment of fellow Travellers. In addition and without limitation, Officine Italia is not responsible for any injury, loss, or death, or damage to property in connection with the provision of any goods or services whether resulting from, without limitation, to acts of God or force majeure, weather, quarantines, illness, disease, acts of war, civil unrest, insurrection/revolt, animals, labour unrest including strikes, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of means of transportation or travel delays, travel advisories or warnings. In further consideration for participating in the trip, Travellers agree that Officine Italia, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the Traveler. The Traveler agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Officine Italia. Travellers agree that Officine Italia is the trustee of the respective rights of Officine Italia under this Limitation of Liability, Release and Indemnity, which will apply to a Traveler's trips with Officine Italia, and any transfer of a reservation to another trip. These Terms & Conditions and this Limitation of Liability, Release and Indemnity are binding upon all members of the Traveler's family, dependants, estate, heirs, successors and legal personal representatives.
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