Terms of Service | Villages & Vineyards

Revision 3, Effective 11-February-2025

Your Rights and Obligations, Our Responsibilities and Obligations

The information in this “Terms of Service” document identifies the legal responsibilities of you, as a participant in “Villages and Vineyards, LLC” tour(s) and/or user of the Villages and Vineyards, LLC website (identified as VillagesandVineyards.com), and us, “Villages and Vineyards, LLC” as the tour provider and owner of the VillagesandVineyards.com website. You accept and agree to be bound by the terms and provisions of these Terms of Service and the Privacy Policy.

Please read these Terms of Service fully and closely. If there is anything that is not clear to you, please reach out to us for additional information before agreeing to these Terms of Service.

When you access and use the Villages and Vineyards, LLC website, you acknowledge that you have read, understood and agreed to these Terms of Service related to the use of the website. If you don’t agree, you may not access or use the website.

When you submit the Booking Form, you are acknowledging that you have read and agree to these Terms of Service related to the products and services of Villages and Vineyards, LLC and you are bound by them when you submit your booking request.

Throughout the rest of this document, “Villages and Vineyards, LLC” is referred to as “Villages and Vineyards”.

Regarding Villages and Vineyards tours, every person participating in the tour is subject to these Terms of Service. Agreement is done through the submission of the Booking Form. The submitter of the Booking Form represents that he/she is authorized to accept these terms on behalf of all the participants identified on the Booking Form.

Additionally, whoever submits the Booking Form assumes all liability for individuals included on the Booking Form for both family members and those who are not members of the same family.

Intellectual Property Rights

You agree that we hold all right, title and interest to our website and all services that we provide through the Website. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.

All content of the Villages and Vineyards website is protected by United States and international copyright laws including but not limited to text, graphics, photos, images, look and style. The content of this website is the property of Villages and Vineyards or its licensors and can not be copied, reproduced, or otherwise redistributed without the written consent of Villages and Vineyards.

You also grant Villages and Vineyards a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.

Third Party Intellectual Property Rights

Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Villages and Vineyards shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

Security of Your Account

You are responsible for maintaining the security of your Villages and Vineyards Website account, if applicable. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Villages and Vineyards Website account. You also agree that Villages and Vineyards is not responsible for any unauthorized use of your Villages and Vineyards Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Villages and Vineyards will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Villages and Vineyards.

You further agree to promptly notify Villages and Vineyards of any security breach relating to your Site account. Such notices should be sent to: info@villagesandvineyards.com.

Villages and Vineyards encourages all Website users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers, regularly changing passwords, and preventing the disclosure of passwords to any third parties.

Accuracy of Information Provided by You

You agree that all information you provide through the Website or otherwise to Villages and Vineyards is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to info@villagesandvineyards.com.

Failure to provide such updated information will constitute a material breach of the terms of these Terms of Service and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Website or otherwise to us, you provided that third party with notice about the Website’s Terms of Service and Privacy Policy. You agree and accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

You acknowledge that you are the authorized user and account holder of the financial account information used to purchase a tour(s).

You acknowledge that you have the physical and mental ability to participate in the tour(s).

If Villages and Vineyards determines that you have submitted false information and/or misrepresented your identity, Villages and Vineyards reserves the right to discontinue and remove your account.

Age Restrictions

The website and tours are not intended for use by anyone under the age of 16. If you are between the ages of 16 and 18, or under the age of legal majority under applicable law, you may only use the products and services under the supervision of a parent or legal guardian.

The minimum age for tour participation is 16. Participants under the age of 18 are required to be accompanied by a parent or legal guardian.
Any tour participant under the age of 18 is required to share a room with an adult 18 years or older.
Tour participants who use an E-bike are required to be 18 years or older.

Participation in a Tour

Villages and Vineyards reserves the right to not accept, or retain, any person as a participant of any tour. Villages and Vineyards is not responsible for any losses or costs that you may incur from Villages and Vineyards exercising this right.

Villages and Vineyards additionally reserves the right to restrict your participation in any activity associated with the tour in the event it determines that your participation may be a hazard to your well-being and/or may negatively impact or impede the well-being or enjoyment of another participant. Villages and Vineyards is not responsible for any losses or costs that you may incur from Villages and Vineyards exercising this right.

Booking/Purchasing a Tour

Tours are priced in dollars and are per person, based on two people sharing a hotel room. Tour prices may periodically change due to fluctuations in exchange rates between the dollar and the Euro, the currency of the countries where the tours take place. If taxes are due based on the region in which you live, taxes are calculated at the time of booking and are payable by the participant submitting the booking request.

Villages and Vineyards accepts the following payment methods for its tours.

Credit Card

Confirmation of Booking

Bookings are made online at the Villages and Vineyards website via the online Booking Form. At the time you complete and submit the Booking Form, a deposit of 50% of the tour cost is required to hold your spot.
Receipt by us of your Booking Form authorizes us the right to process your deposit by the payment method indicated by you at the time of booking.
After submitting your booking, you will receive an email from us confirming that we have received your booking.
The Final Payment (the remaining 50% of the tour cost) is due 75 days prior to the start of the tour. Villages and Vineyards will process this final payment using the original form of payment provided by you at the time of booking.
Bookings made 75 days or less prior to the start of the Tour require 5 days for us to respond to you that your booking is confirmed. Please contact us directly via info@villagesandvineyards.com to book a tour 75 days or less prior to the start of the Tour rather than using the Booking Form. Because of the short time frame before the start of the tour, additional fees may be required due to limitations in hotel availability and will vary depending on how close the booking is to the tour start time and the time of the year. Villages and Vineyards will reach out to you by email to confirm your acceptance of additional fees if any are needed to confirm the booking.
Bookings made 75 days or less prior to the start of the tour are required to be paid in full at the time tour availability is confirmed by Villages and Vineyards to you.
Approximately four weeks before the tour starts, you will receive specific arrival information and key reminders from us by email in preparation for the tour.

By submitting a booking through our website, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of the tour (including taxes, if applicable). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid, or not processing, we may suspend or cancel your purchase until you are able to resolve the issue with your financial institution.

Single Supplement

Tour prices are based on double occupancy of each hotel room. A limited number of single rooms are available on each tour for a supplemental fee as identified on the booking form.

Solo travelers who would like to avoid the supplemental fee are welcome to request a same-sex roommate. If a same-sex roommate is found, the solo travelers will be booked in the same hotel room and the single room supplemental fee will be refunded to the participant.

Cancellation Policy for Participants Who Wish to Cancel Their Booking

If you would like to cancel your booking, the cancellation is due in writing to Villages and Vineyards by email at the email address: info@villagesandvineyards.com. Please include “Cancellation” in the subject line of the email. The cancellation is effective the day that we receive it.
Cancellations made 91 days or more prior to the tour start date are fully refunded except for a $300 cancellation fee. Refunds are made using the same method provided at the time of booking.
Cancellations made 76 to 90 days prior to the tour start date are refunded 30% of the trip price, using the same method provided at the time of booking.
Cancellations made 75 days or less prior to the tour start date are not refunded.
Villages and Vineyards recommends that you purchase travel insurance through an independent travel insurance agency to minimize your risks and costs associated with cancellations due to unforeseen events, including, but not limited to, your own illness, injury, or family or personal emergencies that occur before or during the tour.

Cancellation of Tour by Villages and Vineyards

Villages and Vineyards requires a minimum number of participants for the tour to take place. Tours that don’t reach the minimum number of participants sixty (61) days in advance of the tour will be canceled and you will be notified and your payment for the tour fully refunded. Villages and Vineyards is not responsible for any losses or costs that you may incur from Villages and Vineyards exercising this right to cancel a tour.

Tours may be canceled by Villages and Vineyards due to events that are beyond its control, known as Force Majeur events, and that make execution of the tour extremely difficult or impossible. These events include but are not limited to: extreme weather events such as floods, tornadoes, hurricanes, extreme storms, or wildfires, in addition to acts of war, terrorist activities, pandemics, epidemics, widespread labor disputes, or closures mandated by government edicts. In these cases, refunds cannot be offered for those portions of the tour that are not refunded by the 3rd party service provider, such as but not limited to, hotel rooms that were booked and/or concert tickets that were purchased and are not refunded by the 3rd party service provider.

Villages and Vineyards also reserves the right to cancel or shorten a tour that has started, in which event your sole remedy shall be a prorated refund for any unused portion of the trip.

Changes to the Tour Itinerary

Descriptions of Villages and Vineyards tours are general descriptions of what each tour will include. The precise details will occasionally change due to several variables, including, but not limited to: the weather during the tour, the dates and availability of concerts and/or festivals, the number of participants on a tour, and the interests of the tour participants. These conditions may necessitate changes or substitutions to the tour itinerary. Villages and Vineyards may make such decisions in its sole discretion and these changes will not change the costs or price of the tour.

Assumption of Risk/Safety During the Tour

You acknowledge that physical fitness is a prerequisite for participating in a Villages and Vineyards tour, a tour in which bike riding, and/or hiking and/or walking will be carried out on varying terrain, including where cars are present and on varying quality of paths and paths of different materials, including cobblestones, dirt paths, forested paths, and paths that are potentially wet. Villages and Vineyards will provide an overview of important safety considerations on the first day of the tour, including laws and regulations and norms unique to the country in which the tour is taking place. However, all risks associated with bicycle riding, walking, and hiking, including but not limited to falls, contact with other participants, varying weather conditions, traffic conditions, quality of the roadways or pathways, and understanding of signage are assumed by you. You are aware that at times the tours will require biking on roadways used by cars in which case extreme care has to be taken by you to follow the instructions of the tour leader(s) and the local traffic regulations, road signage, and norms. You acknowledge and assume all risks associated with the activities of the tour.

You also agree to wear a bicycle helmet at all times during which you are riding a bicycle as part of the Villages and Vineyards tour. Use of a bicycle helmet is required for all participants in a Villages and Vineyards bicycle tour. Villages and Vineyards is not liable for any risks you realize if you refuse to wear a helmet.

Villages and Vineyards is fully committed to ensuring that your time on the tour is spent safely. However, you accept and assume responsibility for your own negligent or reckless conduct while participating in a Villages and Vineyards tour.

Physical Fitness/Health

You acknowledge that biking, walking and/or hiking require physical fitness, and you hereby certify that you are in adequate physical and mental condition and health to support the physical activities required by the tour. If Villages and Vineyards observes during the course of the tour that you don’t have the required physical fitness level, Villages and Vineyards has the right to limit your participation to activities that require less or no physical exertion or, alternatively, to conclude your participation. Villages and Vineyards assumes no liability or costs for this decision and you will receive no refund for your inability to keep up with the requirements of the tour.

For tours involving biking, every tour participant needs to be able to ride a bicycle up to a maximum of 7 hours per day (2 to 3 hours in the morning, 3 to 4 hours in the afternoon) and up to a maximum speed of 13 mph (21 kmh). The terrain will vary and will include some hills of varying elevation.
Participants also need to be able to ride a bicycle on roadways where cars are present.
Participants also need to be able to ride a bicycle in the rain.
Tours will also include time spent walking, in addition to the biking.
Tour participants also need to be able to confidently walk on cobblestone walkways and forested paths with changes in elevation.

Villages and Vineyards also reserves the right at the time of booking and at its sole discretion to decline the participation of someone who may not have the requisite fitness for participating in a tour or is below the minimum age requirement.

Villages and Vineyards does not employ medical personnel. If you have a physical or mental medical need that requires on-going care or monitoring or the use of special equipment during the tour, you must inform us prior to, or at the time of booking. Depending on the medical need, Villages and Vineyards may decline your booking. Failure to disclose any such medical need prior to, or at the time of booking, may result in the cancellation of your participation in a tour by Villages and Vineyards for which refunds are provided in accordance with the cancellation policy and for which no liability is assumed by Villages and Vineyards. Because Villages and Vineyards does not employ medical personnel, Villages and Vineyards cannot assume liability or responsibility for any medical needs that require special care or attention. For participants with special medical needs all liability is assumed by the participant. All Villages and Vineyards tours require the participant to be independently physically mobile due to the nature, location and access requirements of the tour activities.

Medical Care

Villages and Vineyards does not employ medical personnel. In the event you require medical care during the tour, local medical care available in the region of the tour will be utilized. Villages and Vineyards is not responsible for the costs or quality of any medical care that you receive during the tour. Villages and Vineyards is also not responsible if you decide to not receive medical care for an injury or illness. We strongly encourage you to confirm prior to participation in the tour that you have, or purchase if you don't have, medical and dental insurance that provides coverage outside your home country.

Additionally, Villages and Vineyards strongly encourages you to purchase travel insurance which covers your losses incurred from unforeseen events, including illness or injury, that occurs prior to, or during the tour and that prevents your participation in the tour. No refunds are given by Villages and Vineyards to tour participants for cancellations made 75 days or less prior to the start of the tour or for cancellations due to illness or injury that occur during the tour. Villages and Vineyards recommends that you purchase travel insurance that would cover this loss for you.

COVID-19 and Other Circulating Viruses

You understand that COVID-19 and other circulating viruses are spread by human-to-human contact, including by people who show no symptoms of infection. Because Villages and Vineyards tours will include human beings in daily close proximity to each other, it may be the case that you contract COVID-19 or other virus while on a Villages and Vineyards tour. Testing positive for COVID-19 or other contagious virus may result in the immediate discontinuation of your participation in the trip and the employment of precautions to stop the spread of the virus to other participants. You acknowledge that you assume these risks, and that no refund will be provided if you contract COVID-19 or other virus that shortens or cancels your participation in the tour. We strongly recommend that you purchase travel insurance in advance of your trip that would cover these circumstances.

Consumption of Alcohol

Tours are conducted in vineyard growing areas. Wine and other alcohol may be served at lunches and dinners. Additionally, there will be one late afternoon wine tasting event. There will be no biking after dinners and after the wine tasting event; however, biking will continue in the afternoons after lunch.

If Villages and Vineyards observes that you have consumed a quantity of alcohol at lunch that inhibits your ability to safely ride a bicycle after lunch, or to otherwise safely participate in tour activities after the consumption of alcohol, Villages and Vineyards retains the right to discontinue your participation in the afternoon, or other segment of the tour until the effects of the alcohol have worn off. Villages and Vineyards is not responsible for any losses or costs that you may incur from Villages and Vineyards exercising this right. Additionally, you accept and assume responsibility for your own negligent or reckless conduct while participating in a Villages and Vineyards tour.

Photography and Videography

Villages and Vineyards reserves the right to take photographic or video records of any of its tours, and to use any such photographs or videos for promotional and/or commercial purposes. Participants will not be identified by name in such promotional and/or commercial materials without their consent.

Additionally and as stated above, you agree not to sell, convey, transfer, use, or publish any photograph, video and other visual or audio portrayals of you and/or any other participant in combination with tour leaders for any commercial purpose or in any media broadcast or for any other non-private use, without our prior, express written consent.

Travel Requirements

It is your responsibility to confirm you have the required travel documents for entering the country of the tour prior to departure. Please check that your passport is current and won’t expire within the timeframe that you are in the EU. The EU requires VISAs for residents of some countries. It is also your responsibility to confirm you have any vaccines or other health updates required by the country you will be visiting. Villages and Vineyards is not responsible for any losses or costs that you may incur by not having the current and appropriate documentation for entering the countries of the tours.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these Terms of Service and the Privacy Policy. You agree to not use the Site services or anything related to the Site services or any other services offered by Villages and Vineyards for any unlawful or otherwise prohibited means, including but not limited to harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:

Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
Use any metatags or any other “hidden text” utilizing any part of the Site or Villages and Vineyards’ name, service or trademarks or trade dress without the express written consent of Villages and Vineyards;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
Any attempt to reverse engineer or reconstruct any portion of the Site;
Failure to abide by, or breach of, Villages and Vineyards terms of service or any other policies applicable to the Site;
your login information or allow third parties to utilize your login information to access any part of the Site; or
Engage in any acts or omissions that Villages and Vineyards believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.

You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Villages and Vineyards you will adhere to all applicable US State and Federal laws and regulations.

Knowledge of Terms of Service and Privacy Policy

If you are using Website services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these Terms of Service and the Privacy Policy.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Website services if, in our sole discretion, you breach, or we reasonably believe you have breached these Terms of Service or any other obligation to Villages and Vineyards. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these Terms of Service and the Privacy Policy: (i) your failure to abide by any provision of these Terms of Service and the Privacy Policy; (ii) your failure to pay any amounts due to Villages and Vineyards; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Villages and Vineyards.

If any of the foregoing events occurs and we deem it a material breach by you of these Terms of Service and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Villages and Vineyards is not obligated to send any such notice of default and may immediately suspend or terminate your Website account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these Terms of Service and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Website or otherwise to Villages and Vineyards.

Maintenance/Site Down Time

Villages and Vineyards reserves the right to perform maintenance on the Website and Services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours. Villages and Vineyards will attempt to communicate any expected prolonged system outage to Website users in advance of such outage.

Villages and Vineyards is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Villages and Vineyards’ control.

Disclaimer of Warranties

VILLAGES AND VINEYARDS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF VILLAGES AND VINEYARDS, VILLAGES AND VINEYARDS DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. VILLAGES AND VINEYARDS DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF VILLAGES AND VINEYARDS, VILLAGES AND VINEYARDS PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH VILLAGES AND VINEYARDS.

VILLAGES AND VINEYARDS DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. VILLAGES AND VINEYARDS IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of Risk

When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

Indemnification

As a user of the Site, you agree to release, indemnify, defend and hold harmless Villages and Vineyards and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these Terms of Service or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Villages and Vineyards to you, your use of any services of the Site or provided by Villages and Vineyards or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Villages and Vineyards receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Villages and Vineyards for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Villages and Vineyards may have in law or equity.

You agree that Villages and Vineyards shall have the right to participate in the defense of any claim asserted against Villages and Vineyards or involving the Website. You also agree that Villages and Vineyards shall be entitled to retain a counsel of Villages and Vineyards’ own choosing at your cost. You further agree to notify Villages and Vineyards of your knowledge of any claim against Villages and Vineyards or involving the Website. You agree to cooperate fully with Villages and Vineyards during such proceedings.

Responsibility/Disclaimer Statement

Additionally, you acknowledge that the Suppliers providing goods and services for Villages and Vineyards tours are independent entities and are not agents or employees of Villages and Vineyards. As such, Villages and Vineyards is not responsible for any negligent or willful act or failure to act of any Supplier or of any third party. Villages and Vineyards is not responsible for any purchases you make during your trip, whether a merchant is part of the scheduled itinerary or not. By utilizing the services of the Suppliers, you agree that you will look to such Suppliers for any accident, injury, property damage, or personal loss to you or to those traveling with you, and that neither Villages and Vineyards nor any representative of Villages and Vineyards shall be liable.

Automatic Payments in the Event of Default

If you provided payment information to Villages and Vineyards and sums are due and owing from you to Villages and Vineyards and you are in default of your obligations under these Terms of Service, you authorize Villages and Vineyards to deduct any sums due and owing from your payment source(s) so long as Villages and Vineyards provided you with notice of your default and you failed to cure the default under the terms and conditions of these Terms of Service.

Right to Refuse Service

Villages and Vineyards, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.

Consent and Survival of Agreement

By using the Site and Site services provided through the Site by Villages and Vineyards under these Terms of Service and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these Terms of Service and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these Terms of Service and the Privacy Policy. These terms of these Terms of Service and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these Terms of Service or the Privacy Policy, you may inform Villages and Vineyards in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Villages and Vineyards may, but is not obligated, to conduct an investigation into the allegations. Villages and Vineyards reserves the right to remove accounts, content, or postings that from the Site Villages and Vineyards, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Villages and Vineyards be liable to you for your failure to retain necessary records, nor will Villages and Vineyards’ retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these Terms of Service or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Villages and Vineyards may delete all information related to you on or within the Site and may bar your access to and use of Site services.

Notices and Communication

You authorize Villages and Vineyards to communicate with you to the full extent allowed by the Villages and Vineyards’ Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, new products and services or other information pertaining to the Site or Villages and Vineyards. If you do not wish to receive e-mail notices or announcements from Villages and Vineyards, please send us an e-mail at the following e-mail address: info@villagesandvineyards.com.

You may also send us notices via e-mail to: info@villagesandvineyards.com so long as you place “LEGAL NOTICE” in the subject line of the email.

Alternatively, notices may also be sent via a first class mail service to the following address:

Villages and Vineyards, LLC

2859 Ottawa Ave. S.

Minneapolis, MN 55416

USA

You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date

Applicable Law

These Terms of Service and this relationship between you, as a user of the website and/or as a participant in the tours, and us, the owner of the website and provider of the tours, shall be governed by the laws of the country and state in which Villages and Vineyards has its primary place of business which is the United States of America legally registered as a business in the State of Minnesota. Any claims against Villages and Vineyards must be brought in the federal or state courts located in the State of Minnesota, to the exclusion of the courts of any other state and country.

Resolution of Disputes, Jurisdiction and Venue

Except for small claims disputes or injunctive relief, you agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these Terms of Service, the Privacy Policy, or related to the Site or Site services provided by us to you shall be brought and maintained exclusively via binding arbitration. Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with Judicial Arbitration and Mediation Services (“JAMS”) Minneapolis Resolution Center, Minneapolis, Minnesota in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website. JAMS is a private, alternative dispute resolution provider with a panel of neutral individuals and specializes in mediating and arbitrating business/commercial disputes and/or conflicts. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location in Hennepin County, Minnesota. The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If injunctive relief is needed, the Parties agree to exclusively utilize the courts with jurisdiction in Hennepin County, Minnesota. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Villages and Vineyards related to the Site, these Terms of Service, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Villages and Vineyards within the six (6) months prior to when your first claim first arose, or $100, whichever is less. IN NO EVENT SHALL VILLAGES AND VINEYARDS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH VILLAGES AND VINEYARDS MAY BE RESPONSIBLE.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Villages and Vineyards must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMS OF SERVICE OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TERMS OF SERVICE.

Prior Action Before Formal Claim

You agree that as a material provision of these Terms of Service, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these Terms of Service and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these Terms of Service is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these Terms of Service without the prior written consent from Villages and Vineyards. Any attempt by your creditors or another third party to obtain an interest in your rights under these Terms of Service or the Privacy Policy is voidable at Villages and Vineyards’ option.

Successors and Assigns

Except as otherwise expressly provided herein, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Villages and Vineyards in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Villages and Vineyards’ election to not assert its rights under these Terms of Service shall not preclude Villages and Vineyards from asserting its rights in the future.

Severability of Terms

If any provision of these Terms of Service or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these Terms of Service, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If Villages and Vineyards prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, Villages and Vineyards shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in these Terms of Service are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

Changes to These Terms of Service

You understand that the terms of these Terms of Service and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Website or Services. Any such revision or change will be binding upon you after ten (10) days of posting the updated Terms of Service and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the Terms of Service or Privacy Policy, you must notify Villages and Vineyards in writing within the ten-day (10) time period described above and immediately discontinue use of any Website Services.

Villages and Vineyards, LLC

Minneapolis, MN 55416 USA