The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions” or “Agreement”), govern your access to and use of our services, including our website, and any content, functionality, and services accessible from the website (the “Services”). Please read these Terms and Conditions carefully before you start to use the Services.
By visiting the Services, using any information, materials, features or services, including but not limited to any reservation or ticketing services, you are accepting these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Services or any of the services.
AZ Wine Wagon may revise these Terms and Conditions at any time, and all users will be bound by such revisions for all use of the Services after the revision is posted. Revisions will be posted on this page and users are responsible to review the page from time to time to ensure compliance.
Most shuttle services offered are fully refundable when cancelled at least 7 days prior to departure. Specific cancellation and refund policies are noted on all other services in the description details. If you fail to show up for the shuttle service, the booking is considered a no show and no refund will be granted.
If AZ Wine Wagon cancels a shuttle service for any reason, you will receive a full refund of the deposit. In the event of inclement weather, we reserve the right to modify, shorten, or cancel any shuttle service to prevent damage to vehicles or to avoid unsafe conditions. Full refunds or the option to re-book will be provided if we are unable to run a shuttle service due to bad weather or other cancellations.
Guest understands that unforeseen traffic due to weather, accidents, or roadwork may affect the timing of pick up or drop off, and may cause delays during the shuttle service.
Pick up and drop off service may be available with confirmation from our reservations staff. In many circumstances, pick up and drop off service may only be available at a single specified location. Gratuity is not included in our rates and is payable at the guest’s discretion.
All guests must be 21 years of age or older and must provide proof if asked.
Winery locations and itinerary may change due to traffic or a previously booked special event at the location. Shuttle service cost does not include any winery fees except where expressly indicated.
AZ Wine Wagon and any shuttle service drive has the ability and right to end a shuttle service at any time due to over-consumption of alcohol and/or related sickness. We are not responsible for any wineries determination not to serve alcohol to you. No refunds will be given if a winery refuses service to you. AZ Wine Wagon is not responsible for you or anyone in your party once the shuttle service has concluded and you have been dropped off. Please watch your alcohol intake and please do not drink and drive.
Guests will be fully responsible for any charges related to sickness in a vehicle due to alcohol consumption, and a minimum cleaning fee of $250 will be assessed if the vehicle needs extensive cleaning due to sickness.
All guests who book and/or participate (the “Guest”) in a shuttle service with AZ Wine Wagon (the “Company”) hereby agrees to these Terms and Conditions, including the Guest Code of Conduct, and the following:
Guest desires to participate in the shuttle service offered by the Company (the “Shuttle Service”).
Guest is able to participate in the Shuttle Service and fully agrees to do so.
Guest fully comprehends and understands all of the risks associated with their participation in the Shuttle Service.
Guest grants Company the right and authority to use Guest’s name, likeness, photograph and/or picture for any and all commercial and non-commercial purposes without further obligation or compensation to Guest.
GUEST’S PARTICIPATION IN THE SHUTTLE SERVICE IS AT GUEST’S OWN SOLE RISK. GUEST, ON BEHALF OF THEMSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERES, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (COLLETIVELY THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM GUEST’S PARTICIPATION IN A SHUTTLE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO GUEST, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. GUEST, ON BEHALF OF THEMSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLIAMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE SHUTTLE SERVICE.
This Waiver and Release of Claims constitutes the entire agreement and understanding between Guest and the Released Parties, and cancels, terminates, and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Guest and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
You agree to follow the following code of conduct when using the Services and services:
If you violate any of the code of conduct set forth above, or any other aspect of these Terms and Conditions, we reserve the right to suspend or terminate your rights to use the website and the Services without giving you any notice.
The website or the Services may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.
The Services contain proprietary and copyright-protected information. Any unauthorized use of any Company content contained on the website or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
Our company name, the terms AZ WINE WAGON, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the AZ Wine Wagon or its affiliates or licensors. You must not use such marks without the prior written permission of the AZ Wine Wagon. All other names, logos, product and service names, designs, and slogans on our website or through our Services are the trademarks of their respective owners.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the AZ Wine Wagon.
AZ Wine Wagon does not warrant or make any representations of any kind with respect to the materials and information contained on the Services. Your use of the Services are at your own risk. Your sole and exclusive remedy against AZ Wine Wagon for issues relating to the use of, or the material on, the Services shall be to discontinue accessing the Services or using the information, features, material or services obtained. The parties agree that AZ Wine Wagon shall not be liable for any damages relating to the use of, or reliance upon, the Services or such information, features, material or services.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE AZ WINE WAGON, ITS LICENSEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF AZ WINE WAGON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE SERVICES OR THE USE OF ANY INFORMATION, FEATURES, MATERIAL OR SERVICES CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
AZ WINE WAGON’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL AZ WINE WAGON’S TOTAL LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS AZ WINE WAGON’S CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR FROM THE SERVICES.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SERVICES AND AGREE TO INDEMNIFY AND HOLD AZ WINE WAGON, ITS LICENSEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES (INCLUDING POSTING OF ANY CONTENT) OR ACCESS TO THE SERVICES, OR YOUR VIOLATION OF EITHER THESE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY.
The internal laws of the State of Arizona, without reference to any choice of law provisions, shall govern any claims relating to any use of, or information on the Services.
Together with our privacy policy as posted on our website, these terms and conditions constitute the entire agreement (collectively, the “Agreement”) between you and AZ Wine Wagon and any Parties and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the website.
