Terms & Conditions of Service
References to “Vin Ambassador”, “we” and “us” are references to Immersion Travel Corps, Inc. References to “you” are to the person accessing, downloading or using the Website, or travel services.
These Terms of Service (as may be amended from time to time) set out the terms on which we provide all our services to you (whether directly or indirectly). By accessing, browsing, and using any website maintained by us including without limitation the website at www.vinambassador.com and our social networking pages (together the “Website”) or communicating with us either by telephone, electronically and/or by completing a reservation, you acknowledge and agree to be bound by these Terms of Service.
Vin Ambassador may at any time without notice modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address provided by you) or via posting a notice on the Website. By continuing to use our services after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes. The most current version of our Terms of Service displayed on our website will supersede all previous versions.
RESERVATION DEPOSITS & CANCELLATIONS
By authorizing initial payment towards a future booking, you agree to be solely responsible for all current and future charges incurred related to said booking.
· All reservations must be secured with a credit card.
· Cancellations will only be accepted in writing.
· If client cancels prior to 72 hours of the scheduled pickup time, client surrenders the non-refundable deposit and will be charged for those wine tasting and dining fees that Vin Ambassador cannot cancel.
· If client cancels within 72 hours of the scheduled pickup time, client surrenders the non-refundable deposit and will be charged for:
- the base excursion package
- all wine tasting and dining fees that Vin Ambassador cannot cancel
· If Client fails to be present at the designated pick-up location at the contracted time (i.e. “No-show”), client surrenders the non-refundable deposit and will be charged for all line items which have been represented to the client as a finalized itinerary prior to the excursion.
Circumstances beyond the Vin Ambassador’s control:
· If Vin Ambassador for any reason beyond its control (i.e. weather, traffic conditions, road conditions, Act of God, etc.) is unable to perform the chartered service, the client shall be limited to a full refund of any money paid to the company. Vin Ambassador is not responsible for reimbursing the any monies the client has paid to 3rd parties.
· Vin Ambassador reserves the right to substitute the contracted vehicle in the event of a mechanical issue before charter begins, with a vehicle of comparable comfort and quality.
· In the event of a vehicle breakdown, Vin Ambassador will attempt to make other vehicle arrangements for the Client, but cannot guarantee replacement transportation. The client will only be charged the contracted hourly rate for the vehicle up to the point of vehicle breakdown. If replacement transportation can be found and the excursion continues, the client will only be billed for the actual cost of that transportation but no more than 50% of Vin Ambassador’s contracted hourly rate for the time that replacement transportation is utilized.
· If replacement transportation cannot be found, the client will receive a 50% discount on the time original transportation was in use and will not be billed any transportation/gratuity charges thereafter.
· Vin Ambassador will not bill the client for any wine tasting / dining experiences that are missed as a result of vehicle breakdown.
· Additional hours charges and other surcharges (i.e. gratuity) that cannot be calculated prior to service and are not included in the estimate.
· Client is responsible for the full payment of any overtime charges beyond the original agreement. Overtime will be charged in 15-min increments at the hourly rate.
· The credit card provided at the time of booking will be used for all charges, unless otherwise indicated by the Client.
NOTE ON SMOKING
· Our vehicles are strictly non-smoking. Client agrees that there will be no smoking in our vehicle(s).
· If smoking does occur, Client will be charged $500.00 fumigation/cleaning fee. At the discretion of driver, violation of our terms regarding smoking may result in immediate termination of the services and forfeiture of all paid deposits and fees for service.
· Consumption of alcoholic beverages by any excursion participant less than 21 years of age is prohibited.
· The Vin Ambassador guide or other staff member reserves the right to check the identification of any passenger at any time during services if underage alcohol consumption is suspected.
· The Vin Ambassador guide or other staff member also reserves the right to refuse service to anyone under the age of 21 if they are suspected of alcohol consumption. Violation will result in immediate termination of services and forfeiture of all paid deposits and fees for service.
CONDUCT/DAMAGE TO VEHICLE
· Client and all passengers in Client’s party are expected to conduct themselves in a manner not injurious to themselves, to third parties, or to the hired vehicle. All passengers agree to behave in an orderly and well-behaved manner.
· Client is responsible for any damages to the vehicle caused by him/herself or any guests in his/her travel party. In the event of any physical damage to the vehicle caused by Client or any passenger, there will be a additional charge of no less than $500.00 for the repair and/or cleaning of the vehicle. This includes anyone getting sick in the vehicle.
· Decision as to the unusual use or wear of the vehicle rests with Vin Ambassador solely, and our experience as to the general use of hired vehicles. Client is fully responsible for the repair and/or replacement of any part of the vehicle harmed by any passenger. Repair costs will be charged to Client’s credit card. During repairs, Client may also incur charges for the loss of use/or income generated by loss of use of this vehicle.
· Vin Ambassador reserves the right to expel any person from the vehicle and/or terminate the contract in the event of a violation of any of these conditions by any passenger. If at any time the service is terminated due to unruly conduct, damages to the vehicle, or abuse of any kind that we deem valid, no refund of money will be made and the client will remain responsible for payment of all line items as detailed in the confirmed itinerary. Vin Ambassador reserves the right to refuse service as it deems appropriate.
LIMITATIONS OF LIABILITY
· Vin Ambassador is not responsible for lost or damaged luggage or for any baggage, personal belongings or any items left in the vehicle during or after use of our services.
· Client waives all claims for consequential damages and agrees that liability shall be limited to the full amount paid to us for the disputed service unless otherwise required by law.
· This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in San Francisco, California.
· You (the Client) and Vin Ambassador (provider of vehicle charter services) agree that any and all disputes and claims relating in any way to this agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of California, San Francisco County.
· If you and Vin Ambassador cannot agree on arbitrators, the Presiding Judge of the San Francisco County Superior Court shall appoint them.
· The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA).
· You and Vin Ambassador may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators.
· The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
· The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded, will not govern this Agreement.
· To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.
· However, to the extent you have in any manner violated or threatened to violate Vin Ambassador’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
· If this agreement is referred to an attorney and/or collection agency, Client agrees to pay all attorney and/or collection fees. Should legal action be necessary to enforce any rights or obligations under this agreement, the prevailing party will be entitled to reasonable attorney’s fees and related costs.
· If one party agrees to waive its right to enforce any term of this agreement, it does not waive its right to enforce such term or any or all other terms of this agreement at any other time.
· Client has read and understands the above terms and conditions. Client understands that the reserved vehicle charter service is contingent upon acceptance and adherence to these terms & conditions.