TERMS AND CONDITIONS
Toast Tours LLC is the owner, and licensor of registered trademarks, trade names, service marks, designs and logos, which are used in connection with sightseeing, charter, transfer, destination management, package tour, attraction ticketing and other travel services (“Services”).
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
We require that you agree to follow the following basic rules of conduct when using the Site:
- User will use the Services only as provided in these Terms and all applicable laws;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Site and its owner(s);
- User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information;
- User will not harass, threaten or abuse other people in any manner;
- User will not interfere with others’ use of the Site, including by interrupting other users’ sessions, or otherwise act in a way that negatively affects other users’ use of the Site;
- User will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights;
- User will not collect or store personally identifiable information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
- User will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Toast Tours LLC; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- User will not post any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Site we provide, users’ ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site;
- User will not use any information on the Site for any commercial purposes, except as expressly authorized by Toast Tours LLC;
- User will not search, mine or link any data or information to or through the Site without Toast Tours LLC’s express consent and authorization; and
- User will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Site.
If you violate any of the guidelines set forth above, or any other aspect of these Terms & Conditions, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice.
Disclaimer of Warranties
Toast Tours LLC offers no guarantees or warranties that the content of this website is 100% accurate. We continually make efforts to update the website and correct any inaccuracies found, however we acknowledge that inaccuracies may still occur and we deny any responsibility for them to the fullest extent of the law.
Although Toast Tours LLC attempts to provide accurate information, the Site is intended to be for general reference and informational purposes only. Although we strive to keep the Site up to date, it may contain inaccurate, incomplete, or out-of-date information. Your sole and exclusive remedy against us for issues relating to the use of, or the material on, the Site shall be to discontinue accessing the Site or using the information, features, material or services obtained. The user and Toast Tours LLC agree that Toast Tours LLC shall not be liable for any damages relating to the use of, or reliance upon, the Site or such information, features, material or services. Your use of the Site is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE TOAST TOURS LLC, 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 TOAST TOURS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE SITE OR THE USE OF ANY INFORMATION, FEATURES, MATERIAL OR SERVICES CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE 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.
TOAST TOURS LLC’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL TOAST TOURS LLC’S TOTAL LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS TOAST TOURS LLC’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 SITE, OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Toast Tours LLC reserves the right to take photographic or film records of any of our tours, and may use any such records for promotional and/or commercial purposes without payment. You have the right to opt out of inclusion in any of such recordings by putting your request in writing.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and the text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms. All rights not expressly granted in these Terms are reserved by the Site.
Third Party Products, Links & Actions
From time to time the Site may contain links to other websites or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Changes to the Site and Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
Usernames, Profiles, E-mail, Passwords & Security
The site may allow a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site or inform Toast Tours LLC if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
You may choose or be given a password to use in connection with some of the pages on the Sites. You will never give your password to anyone, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under the account. You shall notify Toast Tours LLC immediately of any unauthorized use of any account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You shall be solely responsible for all use of your account and password and all consequential, indirect, exemplary, special or incidental damages resulting therefrom.
Pricing and Cancellation
Please refer to our Cancellation Policy.
Toast Tours LLC, its employees, shareholders, subsidiaries, affiliates, officers, directors and successors, does not own or operate all entities that provides, or is to provide, goods or services for your tour. As a result, Toast Tours LLC is not liable for any negligent or willful act or failure to act of any such person, or of any other third party.
Toast Tours LLC is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, attacks by or bites from wild or domestic animals, pests or insects, inconvenience or irregularity of any kind on our tours.
Toast Tours LLC is not responsible for delays due to accidents, breakdowns, or adverse traffic and weather conditions on tours. We reserve the right to cancel a tour or modify stops, vehicle, visits or activities based on weather conditions, insufficient passenger reservations, group needs or conditions out of our control. We are not responsible for events out of our control that restrict guests’ ability to join the tour on the date requested.
Toast Tours LLC is not responsible for any wineries determination, of any person, not to be served alcohol, for any reason. No refund will be given.
You understands and acknowledges that the tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. You acknowledge and understand the inherent risks associated with these methods of transportation and acknowledge that you do not have any medical condition(s) that would prevent you from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While you understand and agree that Toast Tours LLC will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the tour, you understand that Toast Tours assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
Tours are generally operated by Toast Tours LLC, although we reserve the right to use other operators and/or subcontractors to operate all and any tours advertised.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.
As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Toast Tours LLC has put in place preventative measures to reduce the spread of COVID-19 consistent with local, State & Federal guidelines; however, Toast Tours LLC cannot guarantee that you or members of your group will not become infected with COVID-19.
Further, visiting any public venues could increase your risk and your group’s risk of contracting COVID-19.
By joining our tours and experiences, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that members of your group and yourself may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You understand that the risk of becoming exposed to or infected by COVID-19 during a tour or experience may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, Toast Tours LLC employees and partners.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to your group members or yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you or your group members may experience or incur in connection with your group’s participation in a tour or experience (“Claims”).
By joining our tours and experiences, you hereby release, on your behalf and on behalf of your group members, covenant not to sue, discharge, and hold harmless Toast Tours LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Toast Tours LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Toast Tours LLC activity.
Damage & Cleaning
You agree to pay for any and all damage and/or any special cleaning to the vehicle which results, or is required, due to your conduct. Specifically, such damage includes, but is not limited to, burns, spillage, vomiting, broken glassware, scratches, stains and broken windows, seats, mirrors, vents and cup holders. You agree that the charges for such repairs (actual repair cost plus loss time of vehicle) and/or any special cleaning ($350.00 minimum) will be charged to the credit card for the individual or booking party. In the event that credit card is not able to be charged, you agree to remit payment for damages/cleaning within 7 (seven) calendar days of the date of the event.
No smoking allowed in tour vehicles and no animals allowed on our shared group tours, except service animals.
You have the responsibility to select a tour appropriate to your abilities and interests. You must be in sufficient good health to undertake the tour. You are responsible for preparing for the trip and for bringing the appropriate clothing.
All tours are for persons 21 years of age and older as of the tour departure date, unless stated otherwise. Toast Tours LLC is not required to check your ID since we do not serve alcohol, and minors are not onboard. However, the guide reserves the right to see your ID if they deem appropriate. The legal drinking age in California is 21 years of age or older. By being on our wine tour, you are representing yourself to be of such legal age, and therefore agree to hold harmless Toast Tours LLC from any claims that may arise from any misrepresentations made. Make sure to have your valid photo ID with you. Wineries are required to check your ID, and they do. Toast Tours LLC is not responsible for any wineries determination, of any person, not to be served alcohol, for any reason. Responsible drinking and appropriate behavior is expected. No refund will be given.
You understand that our tour involves potentially dangerous activities, as well as the consumption of alcohol. You assume the risks associated with the Tour activities. You assume the risks associated with alcohol consumption and takes full responsibility your actions, safety and welfare. You further understand that you will be a member of a group and that you will conduct yourself in a way that does not endanger any member of the group. You agree to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that your judgment is impaired. You understand and acknowledge that many of our activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers, ciders and hard liquor. You understand the potential risks associated with the consumption of alcohol and acknowledges that you do not have or is not aware of any medical condition(s) that would prevent you from consuming alcohol or would result in any injury or damage to yourself as a result of the consumption of alcohol. You acknowledge and agree that Toast Tours LLC shall not be responsible or liable for any accident, injury, theft, loss or damage caused by your impaired judgment or negligence. You waive any claim which you, your heirs, successors assigns, spouse, family members or legal representatives may have against Toast Tours LLC arising from or as a result of any such accident, injury, theft, loss or damage caused by your impaired judgment or negligence. You acknowledge that it is your responsibility to provide for your own accident and health coverage while participating on the Tour. Toast Tours LLC does not provide for any accident or health coverage for any of its guests.
Toast Tours LLC reserves the right to refuse a guest, or remove, at his or her own expense and without any refund, from a tour, any person it judges to be incapable of meeting the requirements of participating in the activities, or who it determines detracts from the enjoyment of the tour by others.
California has a strict DUI policy. After a day of wine tasting you are not able to drive and you should make proper arrangements to get to your accommodation if you’re not dropped off by us at your accommodation.
In the event Toast Tours LLC is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other cause that is reasonably beyond its control, Toast Tours LLC shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Electronically Transmitted Documents and Signatures
In the event the parties to this agreement transmit signed documents or instructions by any electronic means authorized by law, parties may rely on said documents, instructions or signatures in the same manner as if they were the original signatures.
Toast Tours LLC will pay commission to its registered affiliates for each completed tour based on the final agreed fee at an eligible rate. Commission is typically not paid on most discount rates that are net/non-commissionable, wholesale rates, corporate negotiated rates, any internet-only rate programs and any awards or gift-cards.
Taxes, fees, gratuities, and some package elements/add-ons are not commissionable.
Commissions will not be paid on canceled or no-show reservations, nor on the lost revenue resulting from a shortened tour.
Invoices not paid within terms are subject to a 1.5% monthly service charge (annual percentage rate of 18%). Collection fees or Attorney’s fees will be added if an account is turned over for collection.
To the extend allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the site or services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near Paso Robles, California, under the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) California law excluding any application or consideration of the California Arbitration Act. The arbitrator 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 contract, including but not limited to any claim that all or any part of this contract is void or voidable.
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to any use of, or information on the Site.
If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.
Revision of Terms & Conditions
Toast Tours LLC may revise these Terms & Conditions at any time, and all users will be bound by such revisions. Users are responsible to review the terms & conditions from time to time to ensure compliance.