TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”), WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
Crush Wine Experiences (a part of Winship Media LLC) sponsors trips described on the Crush Wine Experiences website (the “Website”) (each, a “Tour” or “Tours”). By registering and paying your deposit for a Tour, you are agreeing to the terms of this Agreement. Please read this Agreement carefully before making a deposit or payment for a Tour. This Agreement may be supplemented by additional terms and conditions specific to your Tour (“Supplemental Terms”). In the event of a conflict between this Agreement and the supplemental terms, the Supplemental Terms will apply.
Crush Wine Experiences may license qualified professional tour operators to organize and administer such Tours. Any such designated tour operator, its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “Operator”), acts only as an agent for any Suppliers (as defined below).
Crush Wine Experiences, its subsidiaries, affiliates, and assigns, and their respective employees, officers, directors, successors, representatives, and agents (collectively the “Released Parties”) and the Operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Suppliers, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other causes beyond their control. The participant waives any claim against the Released Parties and/or the Operator for any such loss, damage, injury, or death. Crush Wine Experiences acts only as the Tour sponsor and is not responsible for the acts or omissions of other parties. Crush Wine Experiences and the Operator are collectively referred to as “we or “us”.
Pricing and Inclusions: Quoted Tour prices are per person, double occupancy except where indicated. Prices include programming, planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase Tour prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a Tour or its parts. Modification of Tour content size will not affect the published price.
Quoted Tour prices exclude: trip insurance; airfare between points on the Tour; international airfare, including airfare and other transportation to and from the Tour (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities to the Tour directors, drivers and guides; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).
RESERVATIONS AND PAYMENTS:
The Tour deposit amount is listed on the Website. The deposit is required in order to confirm your booking. Upon receipt of the deposit, the Operator will send you confirmation of your booking. Your final payment date will be listed on the confirmation. If a Tour is full, we will accept deposits on a standby basis. If space becomes available, you will have the choice of joining the Tour by paying in full or forfeiting the space in return for a refund of your deposit. Final payment is due ninety (90) days prior to departure unless otherwise indicated on the Website or in the brochure. If your reservation is made within ninety (90) days of departure, the entire cost of the Tour must be paid at the time of the request in order to secure confirmation.
We strongly recommend that you purchase trip cancellation and medical insurance. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the tour and loss of tour monies through cancellation and curtailment of the holiday for insurable reasons. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions.
You should ensure that there are no exclusion clauses limiting protection for the type of activities you will be undertaking during the tour. You should also ensure that your insurance policy will cover you for any independent arrangements, excursions or other activities that you may book to take part in during your holiday and which do not form part of your booking or contract with us. You should satisfy yourself that any travel insurance arranged is what you require and should arrange supplementary insurance if needed.
Tour prices are based on double occupancy. Single travelers will be expected to pay the single supplement fee, as listed on the Website.
Cancellation by You: We must receive your cancellation notice in writing by email, fax or overnight courier, and your cancellation date will be the date on which we receive your notice. Refunds will be handled as follows:
If we receive your cancellation notice ninety-one (91) days or more from the Tour departure date, we will refund one hundred percent (100%) of the deposit amount, and all of the Tour price, to the extent that you have made that payment. If we receive your cancellation notice ninety (90) days or fewer prior to the departure date, we will retain one hundred percent (100%) of the Tour price. NOTE: Some of the tours require a 120 days cancellation notice on the Deposit booking page. For those trips, cancellation must be made no later than 120 days prior to the departure date.
Any penalty imposed by an airline, including for airline service between points on the Tour (“Internal Air”) or travel to or from the Tour, is your responsibility.
Your decision not to participate on the Tour due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future Tour, but you may join the Tour late if you wish.
Air Transportation during the Tour: Internal Air is not included in the price of the Tour.
PASSPORTS & VISAS:
You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements.
CANCELLATION OR SUBSTITUTION BY US:
We will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the Itinerary
We reserve the right to cancel any Tour because of inadequate enrollment that makes the Tour economically infeasible to operate or because of our concerns with respect to the safety, health, or welfare of our travelers or staff – including but not limited to issues related to COVID-19.
If we cancel a Tour, our liability is limited to a full refund of your payments to us and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances. If a Tour in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour.
OTHER TAXES AND FEES:
Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included in the Tour price unless stated.
We assume no liability for loss or damage to baggage in transit to and from a Tour or while on a Tour. We recommend purchasing a supplemental travel insurance package.
Unless otherwise indicated in the Tour description, all Tour passengers must be at least twenty-one (21) years of age.
SUPPLIERS ACTS OR OMISSIONS:
The Operator acts only as an independent contractor to supply or arrange for the travel services named in your Itinerary or otherwise to procure services or goods from third parties such as airlines, hotels and other lodging providers, local hosts, guides, bus lines, car rental companies, driving services, restaurants and providers of entertainment (the “Suppliers”). The Suppliers are solely responsible and liable for providing their respective services. The Operator and Crush Wine Experiences assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers.
CONDUCT DURING THE TOUR:
You are responsible for respecting the authority and following the directions of the Tour guide and the laws of the countries in your Itinerary during a Tour. We may exclude you from participating in all or any part of the Tour if, in our sole discretion, your condition or behavior renders you unfit for the Tour or unfit for continuation once the Tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Tour services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour. Should you decide for any reason not to participate in certain parts of the Tour or use certain goods included in the Tour, no refunds will be made for those unused parts of the Tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any friends or family traveling with you and (b) if you checked the box indicating that you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf.
TRAVEL ADVISORIES AND WARNINGS:
It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov.
With the easing of COVID restrictions in the U.S. and elsewhere, we no longer require COVID-19 vaccination for tour guests, although for those who are able to get the vaccine, it is recommended.
We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions. For information concerning possible dangers at foreign destinations, we recommend visiting the State Department’s Bureau of Consular Affairs’ website which lists each country’s Travel Advisory. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
ASSUMPTION OF RISKS AND RELEASE:
If you participate in activities during your Tour, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our agents, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your Tour or participation in any activities in which you participate.
ACTIVE ELEMENTS, MEDICAL CONDITIONS AND SPECIAL ASSISTANCE:
By registering for a Tour, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Some of our Tours incorporate active elements such as hiking, climbing or canoeing; you are responsible for familiarizing yourself with the level of activity that will be involved in your Tour. You must disclose in your Participant Information Form (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the Tour or for which you may require medical attention or special accommodation during the Tour. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers.
We reserve the right to take photographs or videos during the operation of any Tour and to use the resulting photography, videos, or recordings for promotional or commercial use. By participating in a Tour, you agree to allow your likeness to be used by the Released Parties and the Operator without compensation to you. If you prefer that your likeness not be used, you must notify us in writing prior to departure of the Tour.
Copyright in all photographs, video, and related materials created by you during the Tour (“Tour Materials”) will belong to you. You grant us a non-exclusive, worldwide, irrevocable license to use any Tour Materials you provide to us in any media for editorial use, promotion of the editorial use, promotion of Crush Wine Experiences, or promotion of the mission of the Released Parties.
Venue and Waiver of Trial by Jury: You agree to present any claims against us within ninety (90) days after the Tour ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved exclusively by binding arbitration in New York City, New York, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by the substantive law of the State of New York. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Participant Agreement, including but not limited to any claim that all or any part of this Participant Agreement is void or voidable. TOUR PARTICIPANT AND THE RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, OR OTHER COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL).
The parties irrevocably consent to the exclusive jurisdiction of any federal or state court located in the State of New York, County of New York, in connection with any action or proceeding arising out of or relating to this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York applicable to Agreements to be performed in the State of New York.
Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this Agreement and the Itinerary, this Agreement shall control. All applications are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.