By signing and submitting this Booking Terms and Conditions
Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to perform services on your behalf. All persons included in your booking are bound by this agreement.
All Travelers must be 21 years of age or older to travel with Wine Eat and Travel unless they are accompanied by a guardian.
Wine Eat and Travel is always acting as an independent contractor for all suppliers who provide your transportation, hotel accommodations, restaurant services and transfers, activities and other services in connection with your tour. Our company does not own, operate, or control any of the suppliers of service that provide accommodations, meals, transportation, sightseeing activities and other goods and services connected with your tour. These suppliers are responsible for their performance. Wine Eat and Travel Company, its employees, shareholders, officers, directors, successors, agents, and assignees are not liable for any negligence, willful act or default of any supplier or any third party. A supplier’s goods and services are subject to the supplier’s terms and conditions and liability waivers, as well as local laws and regulations.
What is included in your excursion planned by Wine, Eat and Travel
Our trips generally include personalized trip planning; accommodations and all associated taxes to that; specified meals; transfers and transport as indicated; private sightseeing services and other experiences as specified; admission fees if/as indicated; and other services as specified. As each trip is unique, please refer to your itinerary to confirm the inclusions for your trip.
Not Included
Unless otherwise specified, the following are not included in our trips: international flights; travel insurance; costs associated with obtaining passports and/or visas; baggage fees and/or the cost of luggage forwarding; personal expenses including but not limited to telephone calls, mini-bar purchases, room service charges, snacks, laundry, souvenirs and any other incidental fees; gratuities; and any other services not specified in your itinerary. Wine Eat and Travel will not be responsible or liable for deposits, payments and penalties for other services not included, such as airline tickets, separate hotel reservations or other items handled by passengers, not through Boutique Japan Travel Company. A single supplement will be applied when a room is occupied by one person unless otherwise specified.
Deposits, Cancellations and additional fees.
All multi-day trips and day trips require payment of a non-refundable deposit to confirm your spot on the trip. Deposit amounts may vary depending on the destination and/or other trip details. You will be informed of the deposit amount at the time of booking. The balance of your trip cost is due two weeks (or unless specified differently when we confirm your booking) before the trip’s departure date. If your multi-day trip booking is made within 30 days or less of the trip’s departure date, the full amount of the trip is due at the time of booking. Any cancellations made on your behalf will result in the loss of all money collected. For this reason, we strongly recommend you have comprehensive travel insurance that includes cancelation coverage so that you are protected financially in case anything comes up that prevents you from joining your trip. If the balance of your trip is not paid two weeks prior to the departure date of your trip your booking will be canceled resulting in the loss of all money collected.
If we are forced to alter or cancel your trip significantly, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:
a) accept our offer of a comparable replacement trip
b) receive a refund of all monies paid. When taking an offer for a replacement trip, if the cost is lower than the price of your original trip, you will receive a refund for the difference in cost; or if the cost of the replacement trip is equivalent or higher than your original trip, you will owe nothing.
The Following Fees Also Apply:
Final payments not received by due date are subject to $50 late payment fee per person
There is a $50 per change charge after the itinerary is accepted; all change requests must be made to us in writing by postal mail or email contact@wineeatandtravel.com
SUBJET: ITINERARY CHANGE REQUEST
Changes to an itinerary may result in additional charges depending on the type and scope of the change
No refund once the trip has commenced
There will be no refund for unused services, early departures, late arrivals or missed days of your final itinerary.
If a passenger cancels in a double occupancy room, the remaining passenger must pay the single supplement unless otherwise specified. Some accommodations and other services may have stricter cancellation policies. Please be advised that some reservations, regardless of proximity to check-in date, are entirely non-refundable. There will be no refund once the trip has commenced. There will be no refund for unused services, early departures, late arrivals or missed days of your itinerary.
We are not responsible for delays, changes, or cancellation costs due to incorrect, incomplete, or expired traveler documents. If that happens, you must cancel, delay, or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancelation policy contained in these Terms.
At no point, and under no circumstances, shall Wine Eat and Travel Company be responsible for payments or costs relating to external services such as flights, accommodations, services, or any other part of travel that was booked and paid for externally to the Company. You shall not be entitled to any alteration to any trip itinerary or suspension of a trip’s commencement for any reason outside of our control that prevents you from joining your trip as planned.
Cancellation and Changes by Wine Eat and Travel
Wine Eat and Travel Company reserves the right to cancel any trip at any time if the safety or quality of the journey is judged to be compromised. If a trip must be canceled for any reason, there will be a prompt and full refund of any monies paid to Wine Eat and Travel Company less any non-refundable deposits made to third party suppliers. Wine Eat and Travel Company will not be responsible or liable for deposits, payments and penalties for other services not included in the tour price, such as airline tickets, separate hotel reservations or other items handled by passengers, not through Wine Eat and Travel Company.
From time to time, Wine Eat and Travel Company may alter or change an itinerary as it deems necessary or best for clients. Wine Eat and Travel Company further reserves the right to re-price, cancel or withdraw any tour, trek or expedition for any reason whatsoever before departure; to alter or omit any part of the itinerary, to substitute hotels or change means of transportation with reasonable notice. Itineraries are subject to change at any time due to unforeseen circumstances or circumstances beyond Wine Eat and Travel Company’s control. We will make every effort to operate trips as planned, but changes may occur after the final itinerary has been issued to you. If there is an additional cost, it may be passed on to passengers, such as price changes, taxes, unexpected external factors or increased fees due to unforeseen delays, etc. If a tour, trek or expedition is canceled and rescheduled due to acts of rebellion, strikes acts of God or any other cause beyond the control of Wine Eat and Travel Company, refunds will be made based on the difference between the original cost and the new price. Any non-refundable deposits made to third parties will also be subtracted from the refund. We will not
Traveler Information
For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they may include but are not limited to full name as per your passport, date of birth, nationality, passport number, passport issue, and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips, we also require you to provide additional information which may include a self-assessment of your capabilities. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
Optional Activities
During any trip, there may be opportunities to participate in activities or local events which are not included in your trip. WINE EAT AND TRAVEL DISCLAIMS ALL RESPONSIBILITY AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAFETY OR QUALITY OF THESE ACTIVITIES AND EVENTS, OR THE STANDARDS OF THE INDEPENDENT OPERATOR(S) RUNNING THEM. Activity examples may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided tours, surfing, fishing, hiking, swimming, zip-lining, and parasailing. Events may include but are not limited to, local festivals, concerts, and organized events. You understand and acknowledge that any assistance given by Wine Eat and Travel trip leader or staff to help arrange these optional activities does not constitute a waiver of this disclaimer or constitute any representation or warranty on behalf of Wine Eat and Travel Company. We do not sponsor or endorse these activities or events, nor shall we be liable for any injury or illness or any consequence whatsoever resulting from your participation. If you decide to participate in these events, you do so voluntarily and at your own risk, and you are solely responsible for taking appropriate precautions to ensure your safety. Payment for all such optional activities shall be made locally and directly to the supplier of the activity, event, or service.
Insurance Requirements
You are required to provide proof of current and adequate travel insurance before embarking on your trip. Your travel insurance must cover personal accident, death, medical expenses, and emergency repatriation and evacuation expenses including international helicopter rescue and air ambulance services at a recommended minimum coverage of US $200,000 for each of the categories covered. We also strongly recommend that your travel insurance include coverage for cancellation, curtailment, personal liability, and loss of luggage and personal effects. You acknowledge that trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your trip for any reason, whether voluntarily on your part or as a result of Wine Eat and Travel actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary and that there are no exclusion clauses which would limit the coverage for any activity type. If you are a resident of the United States with current health insurance coverage, your policy will likely be acceptable so long as it covers you while traveling outside the United States. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR INSURANCE POLICY DETAILS WITH YOUR INSURANCE PROVIDER TO ENSURE THESE REQUIREMENTS ARE SATISFIED.
Discounts and promotions
All discounts and reduced pricing are applied at the Company’s discretion. From time-to-time, we may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Customer has already paid a deposit are locked into their original price and are not entitled to any reduced pricing.
Baggage
We are not responsible for securing or protecting your baggage or belongings at any time during any trip during transit, activities, or hotel.
Group Travel
As a participant in a group tour, you acknowledge that group travel requires compromise to accommodate varying personalities, wants, abilities, and objectives of group members. You accept that your personal desires notwithstanding, your trip leader may be required, based upon his or her experience, and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions concerning the management of the tour. The choice of the trip leader is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. You agree to abide by any decisions of the trip leader.
Passport, Visas, and Travel Advisories.
It is your responsibility to obtain valid and effective documentation, including passports, visas, permits, and vaccinations, where necessary. You also assume complete responsibility for checking and verifying any passport, visa, vaccination, or other entry requirements of each destination and all safely or security conditions at such destinations. You are solely responsible for any adverse consequences resulting from missing or defective documentation. All travelers, regardless of the holder’s passport, must check with the consulates of the countries being visited to determine if a visa is required for their nationality. A copy of your valid passport must be submitted to Wine Eat and Travel Company. Your passport must have at least six (6) months remaining on the passport from the date of return; otherwise your passport must be renewed. Also, make sure there are enough pages left in your passport, at least two (2) pages, for the validity of the passport.
Wine Eat and Travel Company may provide information or advice given on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you. We are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/.
Promotional Photography; Intellectual Property
Wine Eat and Travel may take photographs during your trip, any program, or part thereof and use them for its promotional purposes. By booking with Wine Eat and Travel, you consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. These images will NOT be sold to any third party nor used for any other purpose or in any different manner and medium without your inspection or approval. You hereby grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes and release Wine Eat and Travel and its legal representatives and assigns from any and all current and/or future claims and liabilities arising out of or relating to said images.
Wine Eat and Travel name and logo are registered trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
Complaints, Claims, and Refunds
If you have a complaint about your trip, please inform your trip leader or another Company representative at the time so that they can attempt to rectify the matter as soon as possible. We note, however, that refunds will not be issued for any included activity or trip location that is missed or altered due to circumstances beyond our reasonable control, including but not limited to your failure to attend. If you would like to make a claim, submit a complaint, or request compensation for any reason, you must do so in writing (email acceptable) within 30 days after the trip’s cancellation or completion. Any supporting documentation to the claim or complaint must accompany the written letter or email. Any claim or complaint received by Wine Eat and Travel Company after this deadline will not be accepted or reviewed. We reserve the right to honor or resolve these claims in our sole discretion.
Risks
You acknowledge that Wine Eat and Travel Company’s trips are adventurous by nature and may involve a significant amount of personal risk. Travel with Wine Eat and Travel Company, whether in civilized, remote, foreign, or domestic areas, regardless of the mode of transportation and participation involves inherent risks. These inherent risks are particularly true of adventure activities that may be planned on this trip, including, but not limited to boating, snorkeling, hiking, and animal viewing or interaction. Some risks include the possibility of illness (including malaria); physical injury (including, but not limited to those caused or contributed to by auto and/or boating accident and the inadequacy and/or absence of safety devices such as seat belts or flotation devices); injury by animals; emotional trauma; and/or death, which may be caused by negligence, forces of nature, civil unrest or terrorism, or other agencies known or unknown. Such risks may be present at any time before, during, and after the trip, and it is your responsibility to mitigate such risks when possible (including wearing your seatbelt when one is available to you).
In consideration of the right to participate in the trip, and the activities, services, and food arranged for you by Wine Eat and Travel in connection with your trip, you hereby fully assume all risk of illness, injury, property damage, emotional trauma, and death, and fully and forever waive, release, and hold harmless the Company and its agents, officers, directors, employees, successors and assigns (“Released Parties”) from any and all actions, claims, suits, and demands by you arising from or in connection with your participation in the trip. You also hereby agree to indemnify and defend each Released Party from any claims, actions, suits, and demands (including reasonable attorneys’ fees and costs) by a third party arising from or in connection with your participation in the trip. You agree that it is your intent and agreement that this waiver and release are also binding upon your heirs, legal representatives, successors, and assigns.
Health and Fitness
You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and physical capabilities. You further certify that you are in an appropriate and excellent physical condition for participating in the trip of your choosing and to participate in any activities relating thereto, and have the ability to safely engage in adventure travel activities and all other activities in which you may partake while on your trip. You understand that it is advisable to obtain appropriate medical evaluation and your doctor’s approval before initiation of certain travel and/or exercise activities.
You are responsible for protecting your well-being before, during, and after your trip. This includes ensuring any vaccinations, inoculations, or prescribed medications are taken as directed by your doctor and/or travel clinic for the areas visited. You acknowledge that adequate medical services and/or facilities may not be readily available or accessible during some or all the time in which you are participating in the trip, and that evacuation, if necessary and if possible, can be prolonged, stressful, and expensive. We encourage that you ensure that your travel insurance provides coverage in such circumstances. However, you agree that you will ultimately be responsible for such expenses. Wine Eat and Travel Company assumes no liability regarding provision of medical care or evacuation services. Any of our staff or sub-contractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a “Good Samaritan.” If you are unable to authorize your medical attention, you agree to hold harmless and release Wine Eat and Travel from any liability for medical attention authorized by them, their subcontractors, or agents on your behalf.
This authorization shall remain in effect for the duration that you are receiving services from the Company. Wine Eat and Travel Company reserves the right to decline service anyone if, in its sole discretion, it determines that they are not fit to travel. Wine Eat and Travel also reserves the right to remove you from a trip if you are creating a hazard to yourself or others, impacting the enjoyment of others, or participating in any illegal activity. Any cost of removing you from a trip or resulting from you being declined participation in any trip activity will be solely at your expense.
Local Culture, Infrastructure, and Laws
It is acknowledged and understood that traveling to international destinations will expose travelers to unique situations and experiences that may be different than those you are familiar within their home country. These differences enhance the experience and adventure of your trip and typically involve cultural and social aspects of the region, such as food, drink, attire, and local customs. Our staff will discuss these differences during your trip, but it is your responsibility to perform your research and act responsibly while traveling.
It is noted that the level of infrastructure, sense of urgency, ability to communicate, quality standards, hygiene, political stability, business practices, and other local characteristics of the destinations serviced by Wine Eat and Travel Company may be different from those you are accustomed to and may present certain risks you will be required to navigate. You acknowledged such risks and agree that you will always be solely responsible for your actions and safety.
In addition, the local laws of the destination of your trip may be different from those of your origin. You agree to be personally responsible for complying with all requirements of any country, state, or other jurisdiction to which you travel. Wine Eat and Travel shall not be liable for advising on law compliance or ensuring your adherence to any law. You agree that if you do break the law you will be solely and personally responsible for any resulting repercussions and Wine Eat and Travel will have no responsibility to you or any third party or government for your illegal conduct.
Third-Party Contracts
You acknowledge that Wine Eat and Travel Company is acting in the capacity of an agent in making travel arrangements and hereby affirm that Wine Eat and Travel Company nor any of their agents, officers, directors, employees, successors, assigns and associates have any responsibility or liability arising from failure on the part of any contractors that it may hire in connection with the trip, including transportation companies, retained to perform their contracts of carriage, except for reimbursement for ground services contracted for, but not provided due to error or omission on the part of Wine Eat and Travel Company a or any of their contractors. Your rights arising from or in any way relating to contracts for travel and/or passage shall be based upon the form of contract utilized from time to time by each transportation company and as represented by their ticketing or other documentation supplied as part of the tour. Wine Eat and Travel Company make no representation or warranty concerning any such third-party services or contracts.
Applicable Law
These Terms shall be construed under and governed by the laws of the State of California. Further, exclusive venue and jurisdiction over any dispute arising hereunder shall be in the state and federal courts for the County of Los Angeles. Any disputes arising under this agreement must be submitted to binding arbitration to be held in San Diego County unless the matter can be resolved in small claims court, in which case the matter shall be forwarded to small claims court in San Diego County. The substantially prevailing party shall be entitled to reasonable attorneys’ fees and costs.
In the event that any term or condition contained in these Terms is deemed unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended only to such extent necessary to effectuate the intent of the term or condition and to allow all remaining terms and conditions to survive and continue in full force and effect.
The validity of Electronic Signature
You understand that a paper version of this agreement is available, but you have voluntarily chosen to sign this document electronically. You will receive a Portable Document Format (PDF) version of this agreement after it is electronically signed at the email address you have provided. You may also request a paper version of this signed agreement from Wine Eat and Travel for $10.00 (mailed). You understand that you may withdraw your consent to receive communications in electronic form by email at contact@wineeatandtravel.com
Knowing and Voluntary Execution:
I have had enough time to read this entire agreement. I have carefully read and understood the provisions and legal consequences of this agreement, and I voluntarily agree to all its terms and conditions. I know that I am giving up substantial rights by signing this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement before signing it. I agree that this Booking Terms and Conditions, Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of San Diego, CA and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. My signature applies to each page of this agreement.