Please carefully read each term, condition and policy included in these Terms of Service before accessing and using our website. Your use of our website will serve as your consent and acceptance of all the terms, conditions and policies contained herein. If after reading, you are not in agreement with all the terms, conditions and policies contained in these Terms of Service, please do not enter our website or access any of the information or services offered. Where these Terms of Service constitute an offer, your acceptance of that offer will be limited to the terms, conditions and policies contained in these Terms of Service.
Explorer Tours ("the Company") operates this website. By visiting and using the website, you agree and accept all terms of service including, without limitations, all policies, conditions notices and terms set forth herein.
As used throughout these Terms of Service:
"You," "your" and "user" shall mean all persons who visit our website to obtain information about the Company and/or to use the services and tools we provide. These include, without limitation, customers, passengers, browsers, merchants, vendors, and those contributing contents to the website;
"Terms of Service" and "Service" shall mean all terms, conditions and policies set forth herein, and those provided through this website via hyperlink. Your use of our website and/or decision to use our Service is pre-conditioned on your agreement to these terms, conditions and policies.
The Company reserves the right to make future updates, additions and deletions to the current website as it deems necessary and warranted. Any such changes made to the website shall be subject to all terms, conditions and policies of these Terms of Service, and your continued use of the websites and its services will be contingent upon your knowledge of the Terms of Service as changed or modified. It is your responsibility to review all changes we make to our Terms of Service, as your continued use of our website and Service shall constitute your acceptance of all terms, conditions and policies contained in these Terms of Service each time you use our website or Service.
In acceptance of these Terms of Service, you agree that:
You are the age of majority of older in the legal jurisdiction where you live; or that you, being of the age of majority, consented for your minor dependent to use our site;
Your use of our Service, website and products is not unauthorized or illegal, and does not violate the laws of any government, state or province;
You will not use our Service to transmit dangerous software, including without limitation, worms and viruses; and
Your use of our Service will be immediately terminated upon your violation of any of the terms, conditions or policies of this Agreement.
Tours may be canceled for any reason. When it is determined that the cancellation was caused by The Company (i.e., an absentee tour guide, lack of transportation, inclement weather, etc.), you will receive a full refund.
Customers wishing to cancel a tour or transportation service must do so through our reservation system, over the phone, or electronic mail (email), as follows:
We have 24 hour cancelation policy, so when the Company receives a cancellation request at least 24 hours prior the tour or transportation reservation time, the customer's payment fee will be fully refunded. When the customer provides notice of cancellation less than 24 hours before the tour or transportation reservation date, the cancellation fee will be equal to one hundred percent (100%) of your reservation payment. Reservations are non-refundable in the event of no-show.
The Company reserves the right to refuse at any time the provision of its tour service and/or use of its website to any person for any reason, Tours may be affected by factors such as weather and traffic, and as such, all tour length times provided by The Company are approximate.
All cars used by The Company and drivers for the Company are insured and licensed.
All persons participating in brewery tours must be able to provide legal identification proving they are at least 21 years of age.
When tours require physical activity, each person participating will be required to sign a waiver in advance of the tour.
You accept that any content you provide to us (excluding credit card information) may be transmitted over varying network in unencrypted fashion, and that such content may be modified to conform to the technical requirements of other networks and technological devices. Encryption will always be used when your credit card information is transmitted. The reproduction, duplication, copying, selling, reselling or exploitation of this website and our Service, or any portion thereof, is prohibited, except with The Company's express written permission. Section Headings included in these Terms of Service are for convenience and ease of use only, and do not otherwise alter the policies, conditions and terms of this Agreement.
The information provided on this site is general in nature and is not intended to be, and should not be, used as the only source for making your decisions. Users are encouraged to consult other sources which may contain more accurate, timely and complete information. We are not liable for the accuracy, timeliness or completeness that may be available on this website, and you rely on any such information at your sole risk. Historical information is not current by its nature, and is provided on this website for reference purposes only. While we reserve the right to make changes to website content, we have no obligation to do so. It is the user's responsibility to remain informed of modifications made to our website.
Our Service and prices are subject to modification, and we reserve the right to make such modifications to our Service at any time without prior notice. Our base prices do not include credit fees. A two percent (2%) credit fee will be included in the purchase price at the time a Service is purchased. We are not responsible, and will not be held liable, for actions taken by third parties related to our Service, including without limitation, price changes, and modification of terms, suspensions or Service discontinuance.
We provide our products, services and tours based on space availability. When space availability is limited, accommodations will be provided in accordance with our refund policy as set forth hereinabove. In our sole discretion, without obligation and without notice, the Company reserves the right to: restrict the provision of our products or Services by person, jurisdiction or geographic region on a case by case basis; limit the quantity of Services or products offered; change product descriptions and pricing; and discontinue any product or Service. The products and services offered through this site are void where prohibited by law.
We provide no warranty that the quality of any service or product purchased through this site, or any information or other materials obtained, will meet with your expectations, nor do we warrant that any errors related to such services, products, information or materials will be rectified.
All reservations are subject to our right of refusal. In our sole discretion, purchased tours may be limited by person, household or order. Reservations which may be affected by our limitations include multiple purchases made using the same credit card for identical time periods; multiple purchases made using the same customer account for identical time periods; and orders bearing the same billing/shipping address. When we make the decision to cancel or change a reservation, we may attempt to notify you of the change or cancellation at the email and/or billing address and phone number you provided when the order was placed.
When it appears that reservations have been placed by distributors or resellers, the Company reserves the right, in its sole discretion, to cancel or limit such reservations.
Through this website, you may be provided with certain third-party tools that we neither monitor nor control. We provide no warranties, representations or endorsements of the use or conditions or these third-party tools, and they are presented to you on an "as is" and "as available" basis. No liability flows to the Company resulting from your use of optional third-party tools. You agree that your use of such tools is at your own risk, and we encourage you to familiarize yourself with and approve such third party providers' terms of service.
The Company may offer new services, resources and/or features in the future through this website in accordance with these Terms of Service.
The content made available on this website may include materials provided by third parties. You may be directed via hyperlinks to third-party websites not affiliated with the Company. The Company has no responsibility to inspect the content of any third-party website you may be redirected to, nor does any liability flow to the Company as a result of harm or damage you may suffer from the use of any third-party's services, products or materials. We encourage all users to carefully examine third-party policies, practices and terms before transacting business with them. All questions complaints, and concerns related to third-party products and services should be directed to the relevant third-party.
You agree that all submissions made by you to the Company, whether upon our request or by your voluntary action, and whether submitted online, by email or postal mail, will be subject to our restrictions, editing, copying, publishing, distribution, translation. These submissions include, but may not be limited to, contest entries, creative ideas, proposals and comments. The Company shall not be required to hold any submission in confidence, nor shall we be required to respond to or pay for any submissions. Without obligation and in its sole discretion, the Company may monitor the content submitted to its website, and may edit or remove content it deems objectionable and in violation of intellectual property rights or these Terms of Service. Such objectionable and/or illegal materials may include content we deem offensive, obscene, threatening, defamatory, libelous and pornographic, as well as all other materials deemed by us to be objectionable for any reason. You warrant that your submissions through this site will not violate the rights of others, including any privacy, copyright, proprietary or trademark rights. Further, by using the website, you warrant that you will not submit libelous, unlawful, abusive or obscene content, and your submissions will not contain computer viruses or malware designed to disrupt or damage this Service and its related websites. You agree that your comments will be your own, and you will not use fake email addresses or employ other methods designed to mislead others and misrepresent your identity. You further agree that the accuracy of your comments and other submissions are your responsibility. The Company shall not be held liable for any errors or omissions contained in your submissions or in submissions from third parties submitted on your behalf, or for any harm or damage that may flow to you from any such errors or omissions.
In the event our website and/or service contains errors, inaccuracies or omissions, we reserve the right to correct them at any time, including after an order has been submitted. These errors may be typographical, or may be inaccuracies and omitted information concerning product descriptions, transit times and availability, pricing, shipping charges, promotions and other offers. Except as required by law, we are not obligated to update via clarification or amendment information, including pricing, on our website or related websites. An indication in the Service or related websites of a specific update or refresh date will not serve as an indication information throughout the website and related websites have been updated.
In addition to the prohibition previously set forth hereinabove, you may not use our website to:
(a) perform any unlawful acts;
(b) solicit the participation of others in unlawful acts;
(c) violate any law, legal rule or ordinance, whether federal, state, international or provincial;
(d) violate intellectual property laws;
(e) engage in harassing, insulting, disparaging and intimidating behavior towards others based upon their gender, disability, ethnicity, sexual orientation, age, race, nation or origin, or any other class protected under law;
(f) provide misleading or false information; (g) introduce viruses, malware, and other malicious software into the Service, related websites or the Internet; (h) harvest the personal information of other Service users;
(i) conduct spamming, phishing, pharming, pretexting, spidering, crawling or scraping expeditions;
(j) promote obscenities or immorality;
or (k) compromise the security of the Service by interfering with or circumventing its security features.
The Company reserves the right, in its sole discretion, to terminate the access to its website, Service and related websites of any user who engages in any of these prohibited behaviors.
The Company does not guarantee, represent or warrant uninterrupted, error-free, secure use of the Service and website. The Company does not guarantee, represent or warrant that results obtained from use of the Service and its website will be reliable and accurate. You accept that the Service may not be available for use from time to time and for indefinite periods of time, and that at any time without prior notice, the Company may cancel the Service. You agree that your use of the Service is at your own risk, that the services provided are on an "as available" or "as is" basis (unless expressly otherwise stated by the Company), and that the Company provides neither express nor implied warranty of any kind for your use of the Service. Neither Explorer Tours, nor any of its representatives, directors, affiliates, agents, officers, contractors, employees, suppliers, interns, licensors or service providers shall bear responsibility for any loss, claim, injury or consequential damages arising from your use of the Service and our website, whether those damages are for, without limitation, lost revenue or lost profits, data loss, or replacement costs. This limitation of liability applies to all claims, whether based in contract law or tort law (including negligence), and includes all strict liability claims and any other claims arising from use of the Service and related websites, whether from errors and omissions in content, losses related to posted comments, and/or losses related to transmission of content. In those jurisdictions where the law does not allow a limitation or liability for consequential and incidental damages, the Company's liability shall be to the minimum extent permitted under law.
In the event that you breach the terms of these Terms of Service and the documents incorporated herein by reference, or should you violate any law or the rights of any third-party in the use of our Service or website, you shall fully indemnify, defend, and hold Explorer Tours and its representatives harmless from all claims made by such third-party arising from your breach. Those who you shall indemnify, defend, and harm harmless shall include, but may not be limited to, Explorer Tours, its subsidiaries and affiliates, as well as all partners, employees, officers, directors, suppliers, agents, contractors, service providers, licensors and interns.
If any section contained in these Terms of Service is determined to be void and unenforceable, that section shall be severed. Such severance shall have no effect on the remaining terms, polices and conditions of these Terms of Service, and the remaining sections shall be enforced to the fullest extent of the law.
These Terms of Service may be terminated by either party at any time. You may terminate these Terms of Service by providing notice to the Company, or when you stop using the Service and website. The Company may terminate Terms of Service if, in its sole discretion, it determine you have violated the Terms of Service. If termination occurs as a result of your breach of the Terms of Service, you will remain responsible for payment of all amounts owing to the Company up to and including the date of termination. For all purposes, any obligations accrued and owing between the parties, each to the other, at the time of the termination, shall remain after the termination
Should either party fail or neglect to enforce any of the provisions or rights under these Terms of Service, such failure or neglect shall not be deemed a waiver of that right or provision.
The terms, policies and conditions set forth in these Terms of Service, and all policies and operating rules posted by the Company on the website, constitute the entire agreement between the parties. No prior agreements, whether written, oral or contemporaneous, and including previous versions of the Terms of Service, shall govern use of the Service and website.
This Agreement, and any dispute arising out of these Terms of Service, shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.
The Terms of Service may be reviewed at any time on this page. The Company reserves the right to make future updates, additions and deletions to the current website as it deems necessary and warranted. Any such changes made to the website shall be subject to all terms, conditions and policies of these Terms of Service, and your continued use of the websites and its services will be contingent upon your knowledge of the Terms of Service as changed or modified. It is your responsibility to review all changes we make to our Terms of Service, as your continued use of our website and Service shall constitute your acceptance of all terms, conditions and policies contained in these Terms of Service each time you use our website or Service.
We can be contacted with questions about these Terms or service at firstname.lastname@example.org.
We use the information you provide to us when you buy something from us online or at the time of your tour to facilitate the processing of the sales transaction. Personal information we collect at these times include your name and address, and your email address. We collect your Internet Protocol (IP) address, which helps us to interact with your browser and operating system. With your permission, we may also send you marketing emails related to store services, products and other updates.
How do you get my consent? We consider your provision of personal information needed to complete a transaction with us (such as verifying your credit card information, making a reservation, or processing a refund) to be your implied consent to the collection of your information for that specific transaction. If we would like to have your personal information for a secondary purpose such as email marketing, we will either ask for our permission or provide a method for you to say no. How do I withdraw my consent? If you change your mind, you can withdraw your consent at any time, by contacting us at email@example.com, and requesting that we no longer contact you, collect your personal information, or disclose your personal information.
The Company may disclose your personal information when required to do so by law, or when we have determined you violated the Terms of Service.
When you complete purchases made with us through a direct payment gateway, our credit card processor reads your credit card, and stores the data while the transaction is processed through the encrypted Payment Card Industry Data Security Standard (PCI-DSS). When the transaction is completed, your credit card data is deleted. Direct payment gateways are governed by PCI-DSS standards, which are jointly established by major credit card companies. These standards help us secure your credit card information when provided to us and our service providers.
Clicking on a hyperlink on our website may direct you to an unrelated website with different privacy practices for which we have no responsibility. We recommend that you read the privacy policies of any website you may be redirected to from ours.
The Company adheres to industry best practices for protecting your personal information. Our reasonable precautions are designed to ensure that we do not inappropriately lose, access, misuse, alter, disclose or destroy your personal information.
When you visit our website, our server collects aggregate and anonymous use and navigation information, such as how often you visit our site and the length of time you remain on a webpage. We use this information to improve the content and navigation of our site. A cookie used by a third-party for advertising purposes may also be placed on your computer. The information collected by these cookies do not identify you personally. Your use of our website serves as your consent for us to collect the information described in this section.
By accessing our website, you represent that you are of the age of majority of older in the legal jurisdiction where you live; or that you, being of the age of majority, consent for your minor dependent to use our site.
Should you wish to access the personal information we have collected about you, of if you want to amend, correct or delete your personal information, or register a complaint, feel free to contact us via email.