TERMS OF SERVICE
Vine Ride’s Terms of Service described below apply to anyone who receives services from Vine Ride. This includes, but is not limited to, any and all of the following individuals:
- Anyone who accesses Vine Ride’s website
- Anyone who issues payment to Vine Ride
- Anyone who participates in a Vine Ride wine tour or other transportation service
The aforementioned individuals are hereafter collectively referred to as “guest”, “guests”, “they” and “their.” In consideration for guests being allowed to access Vine Ride’s website, to issue payment to Vine Ride, to participate in a Vine Ride wine tour (“tour”, “wine tour”), and/or to receive other services from Vine Ride, guests hereby agree to the Terms of Service described below:
BOOKING A TOUR
All Vine Ride tour reservations are valid when paid in full online or by phone, in advance of the tour date.
For mixed group tours, the reservation period closes at 6:00pm the day before a given tour date. For example, if guests want to join a Saturday tour, they have until 6:00pm the day before (Friday) to book their reservations–assuming space in the tour vehicle is still available.
For private group tours, the reservation period closes three full days before a given tour date. For example, if a group wants to take a private tour on a Friday, they should book their reservation no later than the Monday before.
CANCELLING A TOUR
Many aspects of our wine tours are coordinated in advance. Guests who contact Vine Ride to cancel ten (10) days or more before their scheduled tour date will receive a full refund. Otherwise no refunds will be issued. No exceptions.
That being said, Vine Ride itself reserves the right to cancel any tour due to acts of nature, road conditions, or other unforeseen circumstances that would hinder our ability to conduct a tour. In those instances, Vine Ride will issue full refunds to affected guests.
RESCHEDULING A TOUR
Guests may contact Vine Ride to reschedule their tour date. Guests who contact Vine Ride to reschedule less than ten (10) days before their current tour date may do so with the understanding that no refunds will be issued if Vine Ride is unable to reschedule them to another date. No exceptions.
Guests who do not present themselves within four (4) minutes of Vine Ride’s arrival at the pick-up address provided at booking will be deemed “no shows.” Vine Ride reserves the right to continue its operations without these guests. No refunds will be issued to no-shows; no exceptions. To minimize the likeliness of no-shows, Vine Ride will email guests a reminder the day before their tour. We will also contact guests before coming to pick them up, as well as contact guests when we arrive (if they do not immediately present themselves).
TIPPING THE CHAUFFEUR
Tipping the chauffeur before or after the tour is completely optional, but appreciated. A suggested tip range would be $5 to $10 per guest.
PROHIBITED ITEMS AND BEHAVIORS
No smoking allowed inside the tour vehicle.
No consumption of alcohol or open alcohol containers allowed inside the tour vehicle.
No possession or use of illegal drugs inside the tour vehicle.
No animals allowed inside the tour vehicle.
No shouting, screaming or other behaviors that could distract the chauffeur while driving.
SICKNESS IN THE TOUR VEHICLE
Guests whose main goal is to become heavily intoxicated should not participate in a Vine Ride tour. We expect our guests to drink responsibly and know their limits.
Any guest who vomits and/or excretes other bodily fluids inside the tour vehicle will incur a $350.00 service charge to cover clean-up, sanitation and Vine Ride’s loss of business during that time. This service charge will be charged to the credit or debit card that originally purchased said guest’s tour ticket.
DAMAGE TO THE TOUR VEHICLE
Guests are responsible for any and all damage they cause to the tour vehicle. In that instance, the guest responsible for the damage will incur service charges as outlined below. Service charges will be charged to the credit or debit card that originally purchased said guest’s tour ticket.
Rips/tears $100.00 or repair cost, whichever is greater
Other damage $100.00 or repair cost, whichever is greater
OTHER GUEST MISCONDUCT
Vine Ride reserves the right to immediately cancel tour participation for any guest found using illegal drugs and/or exhibiting behaviors deemed dangerous, disruptive, lewd or otherwise inappropriate by the chauffeur. That guest will be expelled from the tour vehicle, will be responsible for his or her own form of return transportation, and will not be refunded.
AGE REQUIREMENTS & PHOTO IDENTIFICATION
The legal drinking age in Michigan is twenty-one (21) years of age or older. Accordingly, our wine tours are only for persons twenty-one (21) years of age and older as of the tour date. No exceptions. All guests must have a valid photo identification (“ID”) to participate in any Vine Ride wine tour.
Wineries are required to check guest IDs. Vine Ride shall not be responsible for any winery’s determination to not serve alcohol to any person, for any reason. No refunds will be issued to guests that do not have their ID or if any winery makes a determination to not serve a guest alcohol.
Guests acknowledge that Vine Ride is not required to check guest IDs since it does not serve alcohol, and since minors are not permitted on our tours. However, the chauffeur reserves the right to inspect a guest’s ID if the chauffeur deems it appropriate. By being on the tour, guests represent themselves to be of the requisite legal age, and therefore guests agree to indemnify, defend, and hold harmless Vine Ride from and against any claims that may arise from any misrepresentations made.
Although rare, Vine Ride reserves the right to offer promotional or discounted pricing on its tours or other services. Where a promotion or discount is offered, no price difference refunds shall be provided to any prior bookings. Additionally, guests may not combine various promotions and/or discounts into one offer.
CIRCUMSTANCES BEYOND OUR CONTROL
Vine Ride shall not be responsible for any consequences that result from guests providing inaccurate information at booking. Inaccurate information includes, but is not limited to, inaccurate guest email addresses, guest phone numbers and/or guest pickup locations.
Vine Ride shall not be responsible for any weather conditions, road traffic, winery crowds, electrical or mechanical malfunction, acts of nature or other circumstances beyond our control that directly or indirectly cause delays or other modifications to the tour.
Vine Ride shall not be responsible for any expenses that guests may incur in relation to participating in, cancelling or rescheduling a tour. These include, but are not limited to, expenses incurred due to travel delays, flight cancellations, airfare penalties, or overnight accommodations.
ACCIDENT AND HEALTH INSURANCE COVERAGE
Vine Ride does not provide any personal accident or personal health insurance coverage for any of its guests. Guests acknowledge that it is their responsibility to provide their own personal accident and personal health insurance coverage while participating on the tour.
WINE TOUR ASSUMPTION OF RISK
Guests acknowledge and understand that many of Vine Ride’s activities on the tour involve the consumption of alcohol, including, but not limited to, various wines, beers and ciders.
Guests understand the potential risks associated with the consumption of alcohol and they acknowledge that they do not have or they are not aware of any medical condition(s) that would prevent them from consuming alcohol or would result in any injury or damage to them as a result of their consumption of alcohol. Guests assume all risks, known and unknown, foreseeable and unforeseeable, associated with alcohol consumption.
Guests acknowledge and understand that the tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation.
Guests understand the potential risks associated with these methods of transportation and acknowledge that they do not have any medical condition(s) that would prevent them from using these methods of transportation or would result in any injury or harm to them as a result of using these methods of transportation. Guests assume all risks, known and unknown, foreseeable and unforeseeable, associated with these methods of transportation.
GUESTS UNDERSTAND, ACCEPT AND ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ASSOCIATED WITH PARTICIPATION IN THE TOUR.
WINE TOUR DISCLAIMER OF WARRANTIES
VINE RIDE HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WINE TOUR LIMITATION ON LIABILITY
Guests agree that Vine Ride will not be liable for any loss, theft or damage whatsoever to any personal property brought on the tour by guests, which may occur on or during the tour. It is therefore understood that all personal property guests bring on the tour is brought at guests’ sole risk and is guests’ sole responsibility.
GUESTS AGREE THAT NEITHER VINE RIDE, NOR ANY OF ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, VENDORS, BUSINESS PARTNERS, OR ANY OTHER INDIVIDUALS OR ENTITLES ASSOCIATED WITH VINE RIDE, WILL BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR DAMAGE OF ANY KIND WHATSOEVER, UNLESS CAUSED BY VINE RIDE’S GROSS NEGLIGENCE OR INTENTIONAL MALFEASANCE.
Guests agree that under no circumstances shall Vine Ride be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Vine Ride was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Vine Ride.
WINE TOUR INDEMNIFICATION
GUESTS ASSUME THE RISK OF AND RELEASE, DEFEND, AND HOLD VINE RIDE HARMLESS FOR ANY LIABILITY, FOR ANY DEATH, PHYSICAL OR OTHER INJURY, LOSS, OR HARM SUFFERED BY DURING OR AS A CONSEQUENCE OF GUEST PARTICIPATION OR PRESENCE IN OR ON ANY ACTIVITY THAT COMPRISES THE TOUR UNDER ANY CIRCUMSTANCES UNLESS CAUSED BY VINE RIDE’S GROSS NEGLIGENCE OR INTENTIONAL MALFEASANCE. THEREFORE, GUESTS AGREE TO INDEMNIFY, DEFEND, AND HOLD VINE RIDE HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS (INCLUDING ATTORNEYS’ FEES), OR FROM ANY OTHER COSTS INCURRED IN CONNECTION WITH ANY CLAIMS FOR BODILY INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE BROUGHT BY GUESTS, GUESTS’ HEIRS, SUCCESSORS, ASSIGNS, SPOUSE, FAMILY MEMBERS, OR LEGAL REPRESENTATIVES, EXCEPT TO THE EXTENT THAT ANY LOSS OR DAMAGE IS CAUSED BY VINE RIDE’S GROSS NEGLIGENCE OR INTENTIONAL MALFEASANCE.
Vine Ride respects guest privacy and keeps guests’ personal information confidential. Unless required by law or court order, Vine Ride will never release any guest’s personal information to third parties. Personal information is defined as information about guests that is personally identifiable such as guest name, address, email address, or phone number, and information that is not otherwise publicly available. Vine Ride strives to ensure that personal information is safeguarded through modern encryption technology. Our online payment processor, FareHarbor, uses 2048-bit encryption for all online payments.
TRADEMARK & COPYRIGHT
Vine Ride retains all rights, title and interest, including any applicable rights of trademark and copyright associated with this website including: all data and information furnished hereunder, symbols, identifiers, formats, text, graphics, logos, button icons, images, audio clips, software, URLs, designs, devices, or proprietary products owned by Vine Ride. All other trademarks or copyrighted material not owned by Vine Ride that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vine Ride.
Guests give full consent to Vine Ride to use and publish their likenesses on Vine Ride’s advertisements. Guests acknowledge that Vine Ride does not have to compensate them in any way for the use of their likenesses on Vine Ride advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of guests. Advertisements include, but are not limited to Vine Ride’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
LINKS TO OTHER WEBSITES
Vine Ride’s website may contain links to other websites. Vine Ride provides these links as a convenience to our guests, and the inclusion of any link does not imply an endorsement by Vine Ride of the linked website or any association with its operators. Vine Ride does not have control over, and is not responsible or liable for, the availability and content of such websites. Any concerns regarding any product or service offered by a website to which Vine Ride’s website links should be directed to the operator of that specific website.
WEBSITE DISCLAIMER OF WARRANTIES
GUESTS ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE IS PROVIDED BY VINE RIDE ON AN “AS-IS” BASIS. VINE RIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW VINE RIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
WEBSITE LIMITATION ON LIABILITY
VINE RIDE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM ANY INJURY OR DEATH, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAYS ON THIS WEBSITE, OR THE INABILITY OF THIS WEBSITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINE RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Guests hereby agree to indemnify, defend hold harmless Vine Ride from and against any suits, claims (actual or threatened), actions, losses (for bodily injury, death, property damage, loss of services or otherwise), damages and expenses including, but not limited to legal fees (including those incurred to enforce the right to defense and indemnity hereunder), arising out of guest use of this website, guest breach of any of the terms, covenants or conditions of these Terms of Service, or other claims against Vine Ride arising from these Terms of Service.
TERMS OF SERVICE DISPUTE RESOLUTION
To the fullest extent permitted by Law, guests voluntarily and knowingly WAIVE THE RIGHT TO A TRIAL BY JURY. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THESE TERMS OF SERVICE. Guests’ agreement to the waiver set forth in the foregoing sentence is a material inducement to their respective agreements to the other terms of these Terms of Service.
Guests agree to support and fully participate in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to these Terms of Service through mediation or through binding arbitration in accordance with the principles of the Uniform Arbitration Act, and other related laws of the State of Michigan. GUESTS MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO MEDIATION OR TO BINDING ARBITRATION, THEY ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO. Should guests not be able to resolve their dispute through mediation, they will voluntarily submit to binding arbitration and shall appoint their own arbitrator. These arbitrators shall select a mutual third arbitrator, thus forming an “Arbitration Panel” that will then proceed to schedule the matter for disposition. In the event that the individual arbitrators are unable to agree on a neutral arbitrator, guests shall have the right to petition the Emmet County District Court to appoint a neutral arbitrator. In order to initiate the binding arbitration process, guests will submit a written request for arbitration to the other party, within a reasonable time following the unsuccessful mediation of their dispute.
Guests acknowledge and agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Service or the rights and obligations of any individual in connection with any tour shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. If the first paragraph in this section is found to be unenforceable, then guests hereby submit to the exclusive jurisdiction and venue of the state courts in Petoskey, Emmet County, Michigan and hereby waive any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
GUESTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THESE TERMS OF SERVICE AND SUBMIT TO ALL OF THE FOREGOING PROVISIONS. GUESTS ACKNOWLEDGE THAT THEY AGREE TO THESE TERMS OF SERVICE FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE, AND THAT THEY HAVE BEEN AFFORDED THE OPPORTUNITY TO REVIEW THESE TERMS OF SERVICE WITH AN ATTORNEY OF THEIR OWN CHOOSING. GUESTS INTEND THEIR AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF VINE RIDE’S LIABILITY TO THE GREATEST EXTENT OF THE LAW AND GUESTS AGREE THAT IF ANY PORTION OF THESE TERMS OF SERVICE IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. GUESTS HEREBY AGREE TO ALL PROVISIONS OF THESE TERMS OF SERVICE.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM GUESTS MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
CHANGES TO THESE TERMS OF SERVICE
Vine Ride reserves the right to revise these Terms of Service at any time by updating this webpage. Guests are bound by any such revisions and therefore should visit this page periodically to review the current Terms of Service to which they are bound.