Terms of Use Agreement

Welcome to the Tours In Carolina & Tours In Charlotte Website.  By using this site, you (and anyone who uses services purchased by you on this Web site, collectively “you”) are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, please do not use this site. The term ” Tours In Carolina & Tours In Charlotte” or “us” or “we” or “our” refers” to Charlotte Destinations, Inc. d/b/a “Tours In Carolina” & “Tours In Charlotte” the owner of this Web site. The term “you”, refers to the user or viewer of our Web Site and purchaser of tours through our Website.

Age Requirements
In order to purchase the products and services using the payment method displayed on the Site, you must be 21 years of age or over.  By using the Site, You confirm that You possess the legal authority to enter into the conditions of use for the Site, including instructing Tours In Carolina & Tours In Charlotte to collect any payments from a credit or debit card, and to use the Site in accordance with all terms and conditions. You confirm that all information supplied by You in using the Site is true and accurate.

Payments.
You represent that if you are purchasing a tour from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you at the posted prices.

Refund Policy.
Tours take place “rain or shine”. No exceptions. A minimum of participants are required for each tour. If the minimum is not reached, your tour could be cancelled. If your tour is cancelled by Tours In Carolina & Tours In Charlotte, we will advise you by e-mail at the latest 24 hours before the tour. You will then be reimbursed. No refunds will be issued once payment is made and if the tour is not cancelled by us.

Photo Release.
Please Note: This event may be photographed for promotional purposes. By virtue of your possession of this ticket and reading these, you grant to Charlotte Special Events and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of you, or in which you may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Charlotte Special Events and their legal representatives and assigns from all claims and liability relating to said photographs.

Links to other Web Sites.
Our site contains names of vendors or venues. We are not responsible for the content, accuracy or opinions express by these vendors or venues on their website, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any information on our web site does not imply approval or endorsement of these vendors or venues by us. If you decide to leave our web site and access a third-party site of a vendor or venue listed on our site, you do so at your own risk.

Third-Party Services.
We may display certain third-party vendor or venue product or service providers (“Suppliers”) that may convince you to decide to purchase a ticket for a tour on our web site. You understand that we do not own, operate or control the products or services offered by Suppliers. Suppliers are responsible for their operations and customer service. You agree that use or purchase of goods or services from Suppliers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including but not limited to warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from any interactions between you and Suppliers or for any information appearing on Supplier’s sites or any other site linked to our site. By your purchase of any service or product provided by any supplier through this Web site, you expressly agree that we are not responsible or liable for any act or omission by any such supplier, and you expressly hold us harmless from any charge, claim or injury caused or allegedly caused any such act or omission.

Copyright.
The information on this site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by Tours In Carolina & Tours In Charlotte and/or used under license from the copyright owner. The information may not, except under valid written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. Tours In Carolina & Tours In Charlotte trademarks, logos, images, and service marks used on this site are the property of  Tours In Carolina & Tours In Charlotte and may not be used without our prior written consent.

Disclaimer.
This web site is provided as a service to its users on an “as is” basis. Tours In Carolina & Tours In Charlotte makes no representations or warranties of any kind, whether express or implied, as to the information, content, materials or products included on this site or as to the operation of the site.

Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Prices and promotions are subject to change without notice.

Limitation of Liability.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) your use of this Site, (b) any services or products obtained from this Site, (c) any errors in or omissions from this Site, (d) the unavailability or interruption of this Site or any features thereof, (e) any content contained on this Site.

Lost or Stolen Property
We shall not be responsible for any lost or stolen property, regardless of whether property is lost or stolen in connection with Your use of the Site or any other service provided by Tours In Carolina & Tours In Charlotte.

Indemnification For Claims Relating to Your Use of the Site or Participating in Any of Our Tours
As a condition of Your permitted use of the Site, You agree to indemnify and hold Tours In Carolina & Tours In Charlotte and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of participating in any tour purchased from this web site, your use of or connection to the Site, Your violation of this Agreement, or Your violation of any rights of a third party.

Force Majeure: Tours In Carolina & Tours In Charlotte are not liable for any delay or failure in the performance by the occurrence of a Force Majeure Event. For purposes of this Agreement, Force Majeure Event shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement. If  Tours In Carolina & Tours In Charlotte  cancels a tour due to a force majeure event before departure, then we will refund all money already paid by you minus a 15% administration fee but you will not be entitled to any compensation for the loss of the tour. Where the tour is interrupted by a force majeure event we will refund what is deemed to be a fair proportion of the cost of the tour.

Behavior: You will be responsible for the conduct of yourself and all members of your party and you will indemnify us against any liability for damage caused by you or any members of your party. We reserve the right to terminate the tour in the event of behavior deemed to be unreasonable by our staff.

Assumption of Risk/Indemnification.
At Tours In Carolina & Tours In Charlotte , we place our reputation on the line in guaranteeing that the tour packages we sell on this website are provided by reputable local operators, and that our customers will receive excellent customer service, good value, and superior visitor experience.

While we do our best to utilize reputable providers with what appear to be good safety practices, all we do is determine if the tour experience is enjoyable; we do not provide in-depth safety or risk analysis of these tours, nor are we qualified to perform such analysis. When you purchase a tour from us, you are acknowledging and assuming all risks associated with participation in any or all of the activities associated with that tour.

In addition, by purchasing or participating in a tour purchased through Tours In Carolina & Tours In Charlotte, you agree to abide by any and all of the terms and conditions of purchase imposed by any provider of any activity on any tour you elect to purchase through this website. Some activities are inherently riskier than others, and while we have confirmed that the providers of tours represented through this web site provide an enjoyable, satisfying experience, we cannot guarantee your safety or be responsible for any damages suffered by you as a result of participating in any tour purchased through our site. The individual tour providers are solely responsible for all liability associated with any tour provided to you.

All participants in tours purchased through this web site are bound to, and deemed to have accepted these terms. By purchasing a tour through Tours In Carolina & Tours In Charlotte, you, the purchaser, agree to hold Tours In Carolina & Tours In Charlotte harmless and to indemnify Tours In Carolina & Tours In Charlotte for any claims made by any individual participating in such tour pursuant to the tour package purchased by you.

BY OFFERING FOR SALE TOUR PACKAGES THROUGH ITS WEBSITE, TOURS IN CAROLINA & TOURS IN CHARLOTTE DOES NOT REPRESENT OR WARRANT THAT PARTICIPATION IN SUCH ACTIVITIES IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM PARTICIPATION IN SUCH ACTIVITIES OR TRAVEL TO SUCH DESTINATIONS.

Miscellaneous.
In any dispute arising hereunder, the parties expressly agree as follows: (a) neither party shall be considered the “drafter” of this Agreement; (b) venue for any dispute arising hereunder shall lie solely in Mecklenburg County, NC and NC law shall govern such dispute; (c) each party hereto expressly waives right to trial by jury and agrees to have any dispute hereunder heard by the court.

General
Failure or delay by Us to enforce an obligation or exercise a right under these terms and conditions does not constitute a waiver of that obligation or right.Tours In Carolina & Tours In Charlotte reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site.

If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

Tours In Carolina & Tours In Charlotte reserves the right to modify the terms of this Agreement at any time in its sole discretion by posting a change notice to this page.

Contacting Us
We hope that You find the Site to be useful and easy to use.  If you have any questions, comments or suggestions, please contact Soaring Eagle Tours @ info@toursincarolina.com or call 704 765 5104.