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Terms & Conditions / Waiver & Release
TERMS AND CONDITIONS
Please read the following Terms and Conditions. Your participation in a wine tour with Lekker Wine Tours LLC means you agree to the following:
Booking & Rates
Full payment is required at the time of booking.
Accepted methods of payment include credit card.
Gratuity is not included in our rates and is payable at the Guest’s discretion.
All tours and vehicles are private for your group unless otherwise agreed upon.
Lekker Wine Tours LLC cannot guarantee a specific wine tour guide unless specifically agreed upon prior to the tour.
Cancellation or Changes
If Lekker Wine Tours LLC cancels a tour for any reason, you will receive a full refund of the monies paid. If a guest cancels 14 days or more prior to the tour, a refund of 100% of the monies paid will be given. If a guest cancels a tour between 14 and 7 days prior to the tour, a refund of 50% of the monies paid will be given. If a guest cancels a tour within 7 days of the date of a tour, no refund will be given absent exigent circumstances, which shall be at the sole discretion of Lekker Wine Tours LLC.
In the case of inclement weather, Lekker Wine Tours LLC reserves the right to modify, shorten, or cancel any tour to prevent damage to vehicles or to avoid unsafe conditions. Full refunds, or the option to re-book will be provided if we are unable to run a tour due to bad weather or other cancellations.
Guest understands that unforeseen traffic due to weather, accidents, or road work may affect the timing of pick up or drop off, and may cause delays during the tour.
Alcohol Consumption
All tour guests must be 21 years of age or older and must provide proof if asked.
Lekker Wine Tours LLC and any wine tour guide has the ability and right to end a tour at any time due to over-consumption of alcohol and/or related sickness.
Guests will be fully responsible for any charges related to sickness in a vehicle due to alcohol consumption, and a minimum haz-mat cleaning fee of $350 will be assessed.
Lekker Wine Tours LLC is not responsible for any wineries determination not to serve alcohol to a Guest. No refunds will be given if a winery refuses service to a Guest.
Conduct/Damage to Vehicles
Guest and all passengers in Guest’s party are expected to conduct themselves in a manner not injurious to themselves, to third parties, or to the vehicle.
Guest and/or passengers in Guest’s party are responsible for any damages to the vehicle caused by them.
Lekker Wine Tours LLC reserves the right to expel any person from a vehicle or terminate a tour in the event of a violation of any of these conditions by any passenger. If at any time the tour is terminated due to unruly conduct, damage to the vehicle, or abuse of any kind that we deem valid, no refund will be made. Lekker Wine Tours LLC reserves the right to refuse service as it deems appropriate.
Additional Terms
Smoking is prohibited in all vehicles at all times.
Pets are not permitted unless agreed upon in advance.
NO drinking of alcohol is permitted in any of Lekker Wine Tours LLC vehicles.
Lekker Wine Tours LLC is not responsible for lost or damaged items or any items left in the vehicle during or after use of our services.
Lekker Wine Tours LLC is not responsible for Guest or anyone in Guest’s party once the tour has concluded and you have been dropped off. Please watch your alcohol intake and please do not drink and drive.
WAIVER AND RELEASE NOTICE
All guests who book and/or participate (the “Guest”) in a wine tour with Lekker Wine Tours LLC (the “Company”) hereby agrees to the following:
Guest desires to participate in the wine tour offered by the Company (the “Tour”).
Guest is able to participate in the Tour and fully agrees to do so.
Guest fully comprehends and understands all of the risks associated with their participation in the Tour.
Guest grants Company the right and authority to use Guest’s name, likeness, photograph and/or picture for any and all commercial and non-commercial purposes without further obligation or compensation to Guest.
GUEST’S PARTICIPATION IN THE TOUR IS AT GUEST’S OWN SOLE RISK. GUEST, ON BEHALF OF THEMSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (COLLECTIVELY THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM GUEST’S PARTICIPATION IN A TOUR, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO GUEST, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. GUEST, ON BEHALF OF THEMSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLIAMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE TOUR.
This Waiver and Release of Claims constitutes the entire agreement and understanding between Guest and the Released Parties, and cancels, terminates, and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Guest and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
