TERMS AND CONDITIONS
- Tours will leave according to itineraries and will not wait for ‘latecomers’.
- We accept no responsibility for guests failing to meet our tour schedule and no refund will be provided in the event of this occurring.
- We accept no responsibility for lost or stolen property.
- We reserve the right to alter any part of the itinerary or use alternate supplier, vehicles and operators at our sole discretion where it is deemed necessary.
- Smoking is not permitted on our vehicles or in supplier buildings.
- We are not obliged to refund the price of a cancelled booking unless the cancellation is within the cancellation guidelines as outlined within these terms and conditions.
- Persons causing a nuisance to other guests may be removed from the vehicle and Discovering Michigan will not be liable for any expense incurred by the guest should this occur.
- Drunken, disruptive and uncontrollable behavior will not be tolerated at any time.
- Suppliers reserve the right to refuse entry and service to intoxicated persons.
- No alcohol is permitted on the vehicle at any time.
- Any individual, group coordinator or key contact is responsible for any damage or theft inflicted by you or any member of your group while on a tour.
- Any individual, group coordinator or key contact is required to provide a valid credit card number as security at the time of booking which in the event of any reported damage or theft, however minor, will be utilized to pay for relevant repairs, charges and associated costs.
- A full payment is required for all bookings to secure your seat on a tour irrespective if you make your deposit or full payment by direct debit.
- Large Private, Corporate or Social Group bookings will require a deposit of 20% of the total cost of the tour to be paid to secure your vehicle at least 30 days in advance of your tour date with the remaining 80% outstanding to be paid no later than 7 days before your tour.
- Tour dates with less than 10 days’ notice must be paid in full at time of booking.
- Groups of 6 or more people are required to book as a Private Tour so that the interaction and dynamics of our Tours are not compromised in any way by having a few guests being mixed with a larger group.
- Corporate, Social or Private Group bookings are also required to disclose at the time of booking if they are celebrating any special occasion. E.g. Birthday, Anniversary, Engagements etc.
- Failure to disclose this Special Occasion information when making a booking may result in your booking being declined or cancelled at any time including during your tour due to non-disclosure of this required information.
- Payment can be made by direct deposit into our bank account for Discovering Michigan or by a valid credit card. (Please note that a Credit Card surcharge fee may apply).
- In the event of a cancellation the following policy will apply for all Private Tours:
– More than 10 days prior to tour date, $100 administration fee will apply.
– 5 to 10 days prior to tour date, 50% of paid deposit will be forfeited.
– Within 5 days prior to tour date, no refund will apply and all money paid will be forfeited.
- The cancellation policy for all Public Wine Tour and Beer Tours bookings is as follows:
Cancellations must be made up to 5 days prior to your scheduled tour.*
- After 5 days you will be refunded 50% of your payment.*
- If you cancel within 24 hours of your scheduled tour there is no refund.
- There is no refund for partial cancellation in a Private Tour, all the prices are set based on the number of passengers informed on the quote request.
22. Tour Size Enrollment Policy & Tour Cancellation Information. Most tours require a minimum number of participants to operate at the advertised price or at all. At times, we may need to include a “Small Group Supplement” in order to save the tour. We will do everything in our power NOT to cancel any departures or add extra fees. If we do find it necessary to cancel a tour (for low enrollment) we will honor a full refund on any monies paid or move your deposit to a new tour at your request. Also, if we can still operate a tour with a “Small Group Supplement” we will give the group members the option to pay or cancel at that time if you are not willing to pay the supplement and we will honor a full refund at that time. If we can guarantee the departure with the fee and then DO reach our original required number of participants we will refund fees paid.
23. No legal liability will be accepted in the unlikely event of any person suffering an injury or accident as a participant of any tour conducted by Discovering Michigan or any other operators on our behalf.
24. All tour bookings, reservations and participants of any type of tour operated by Discovering Michigan or alternative operator acknowledge that they have fully read and understood these Terms and Conditions prior to making a booking or reservation and that they are fully acceptable and binding and form our agreement to accept you for travel on any tour!
*Minus 10% of processing and administrative fee
Waiver and Liability Release, Consent to Medical Attention, and Grant of Rights
By purchasing tickets for and participating in the gastronomic/food/beer/wine tasting and experience and, cultural walking tour (“Tour”) offered by Discovering Michigan (the “Company”), I, and if I am not yet 18 years old, my parent or legal guardian, agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”):
- Voluntary Participation. I understand and confirm that my participation in the Tour is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tour.
- Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tour including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tour takes place in public venues under conditions largely beyond the Company’s control.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tour. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tour.
- Release of Liability; Limitation of Damages. I hereby forever and unconditionally release the Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tour, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. The Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tour be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tour is cumulative and not per incident. In no event, shall the Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Company has been informed of the possibility thereof.
- Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tour.
- Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors and assigns.
- Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Company to provide such assistance, transportation, or services.
- Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
- Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tour, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). The Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that the Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to the Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A TERM AND CONDITIONS AND A WAIVER AND RELEASE OF LIABILITY. BY PURCHASING A TICKET FOR AND PARTICIPATING IN THE TOUR, I REPRESENT THAT I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOUR, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOUR BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.