TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of winescaping.com (the "Site"). This Site is owned and operated by Winescaping. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Winescaping and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
The services will be paid for in full deposit upon acceptance, balance due in two subsequent payments.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds for Services
We provide refunds for services sold on our Site as follows:
Balances other than the initial deposit are refundable depending on the timing of the cancellation:
• More than 90 days before departure: 100% of the remaining balance can be refunded.
• 63-90 days before departure: 50% refund.
• 62 days before departure: no refund.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Winescaping and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Winescaping and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Georgia.
Subject to any exceptions specified in these Terms and Conditions, if you and Winescaping are unable to resolve any dispute through informal discussion, then you and Winescaping agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Winescaping.
Notwithstanding any other provision in these Terms and Conditions, you and Winescaping agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Health Requirements and COVID 19
Dietary restrictions or food allergies must be recorded at the time of booking.
You are responsible for meeting all local health requirements and recommended or obligatory vaccinations required for entry, the course of your stay, and departure. All medical-related expenses are your responsibility
Due to the ongoing uncertainty related to travel and COVID, many possibilities can occur, such as restricted travel, quarantine, border closures, flight cancellations, etc., and more. We are not liable for costs, injury, sickness, etc. you may suffer because of your trip.
We highly recommend purchasing medical insurance that will cover unexpected medical expenses during your trip.
We are not responsible for any financial costs associated with health issues related to your trip.;
When you confirm your booking by deposit, you accept these Terms and Conditions. Once you have paid the deposit, you have entered into a legal contract.
Each traveler is responsible for their own booking. If you wish to book for another traveler, the traveler making the booking will be responsible for all required payments. We are under no obligation for misunderstandings and disputes between travelers.
We reserve the right to make pricing adjustments up to the start date of the trip due to unexpected changes in costs such as exchange rates, group participation rates, inflation, unnecessary delays, and other events beyond our control.;
Behavior and Responsibility
Travelers are subject to all local applicable laws, rules, regulations, codes of conduct, and cultural norms of the countries to which you travel. You are bound to operate in accordance with such laws, rules, regulations, codes of conduct and cultural norms.
Travelers must cooperate with all third-party service providers, including hotel staff, tour guides, winery and vineyard employees, drivers, and other service providers during a tour.
You agree to behave with basic respect and decency with all parties involved in the trip planning and execution. If fundamental human dignity is breached by the traveler, all services will be stopped without recourse or refund. Any additional expenses are your responsibility.; and
We do not accept liability for, refund any monies paid, or pay any compensation related to any trip as a result of any Force Majeure event and consequences of any such event. Such events include but are not limited to war, riot, terrorist activity, labor dispute, pandemics, epidemics, adverse weather, fire, supply breakdown, power outage, and all similar events outside our control. Any additional expenses are your responsibility..
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
620 Green Valley Drive, Smyrna GA 30082
You can also contact us through the feedback form available on our Site.
Effective Date: 15th day of May, 2022