Terms and Conditions

TERMS AND CONDITIONS

By booking or participating in a tour and any related products or services (a “Tour”) with RocTours, you (“you”) agree to these Terms & Conditions (the “Terms”).

By booking a Tour, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

BOOKING CONTRACT

Your booking is confirmed and a contract exists when RocTours issues you a written confirmation after receipt of payment. Please check your confirmation carefully and report any incorrect or incomplete information to RocTours immediately.

You must be at least 21 years of age to make a booking. You agree to provide full, complete and accurate information to RocTours.

You must provide proof of age to suppliers in order to participate in tasting or purchase of alcoholic beverages. Most venues provide non-alcoholic alternatives.

BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying RocTours if any changes or cancellations are required, and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and RocTours will, under no circumstances, be liable for any errors or omissions in the information provided to complete a booking.

REQUIRED MEDICAL INFORMATION

You are responsible for notifying RocTours of any medical condition that affect your performance during the experience and of any pre-existing medical problems or conditions. If your medical condition should change during the experience, you must inform the RocTours driver immediately.

Any medical information you submit to RocTours will be held in the strictest confidence and RocTours will abide by all its obligations under the Data Protection Act and associated legislation.

RocTours reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.

RocTours reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where RocTours determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others. RocTours may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

You are responsible for assessing whether a Tour is suitable for you; RocTours does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

SPECIAL REQUIREMENTS

Any special requirements must be disclosed to RocTours at the time of booking. RocTours will use reasonable efforts to accommodate special requirements or requests but this is not always possible. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to RocTours at the time of booking but RocTours cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and RocTours and RocTours is not liable for any failure to accommodate or fulfill such requests.

AGE REQUIREMENTS

You must provide proof of age in order to participate in tasting or purchase of alcoholic beverages. According to New York State Law persons under the age of 21 may not be served alcoholic beverages. Most venues provide non-alcoholic alternatives.

All bookings with a minor are subject to review and approval by RocTours. Minors must always be accompanied by an adult.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, well-being, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. RocTours does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

Adults on a booking with minors are responsible for monitoring their own behavior such that they are not endangering the welfare of the minor.

PRICES, SURCHARGES, AND TAXES

The published price of the Tour and any products or services offered by RocTours is subject to change at any time, before or after booking confirmation. Tours are priced and advertised exclusive of applicable sales taxes.

From time to time RocTours may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment has been received by RocTours are not entitled to reduced pricing.

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.

At the time of booking, 100% of the total Tour cost, per person, per Tour, is due to RocTours.

DETAILS REQUIRED AT BOOKING

As a condition of booking, you must provide the information requested by RocTours along with full payment. In the event that you fail to supply information required by RocTours, RocTours also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by RocTours, in its sole discretion. The information required by RocTours may vary by Tour and will be communicated to you during the booking process. RocTours will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

CANCELLATION BY THE PARTICIPANT

You must cancel your booking by notifying RocTours. No-shows are 100% non-refundable. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by RocTours and are expressed as a percentage of the total price paid for the cancelled Tour, product or service.

Tours canceled within 2 days of your tour date are 100% non-refundable. A re-booking fee of $50.00 per person will apply if tour date is changed, transferred or rescheduled within 5 days of booked tour. On rare occasion, RocTours reserves the right to change stops on the itinerary (e.g. brewery or winery) due to availability.

Bookings cancelled within 48 hours of tour departure due to weather concerns on your part, but not cancelled by RocTours due to weather, are 100% non-refundable.

CANCELLATION BY ROCTOURS

A date for a Tour offered by RocTours will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.

RocTours guarantees that all scheduled Tour departures booked and secured with a valid payment will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up-to-date Tour and itinerary information is available on RocTours’s website or by contacting RocTours. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by RocTours before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from RocTours:

(a) a substitute Tour of equivalent or superior value; or

(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from RocTours the difference in price between the price of the Tour originally purchased and the substitute Tour; or

RocTours is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including loss of enjoyment. RocTours reserves the right to issue a full refund in lieu of the choices above, at its sole discretion. Where a significant element of a Tour as described cannot be provided after booking and payment, RocTours will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, RocTours may provide you with a refund for unused products or services as determined at its sole discretion.

RocTours drivers have many years of experience driving in local weather conditions. However, RocTours primary concern is for the safety and well being of its passengers and drivers. In the event of extreme weather conditions such as flooding, ice storms, or snowstorms RocTours reserves the right to cancel a Tour at its sole discretion. In addition, under no circumstances will a Tour take place if the local authorities have declared a Travel Ban or State of Emergency. In the event a Tour is cancelled due to extreme weather, you will have the choice of accepting from RocTours:

(a) a substitute Tour of equivalent or superior value; or

DOCUMENTS

It is your responsibility to have in your possession and available for presentation to suppliers one of the following documents as proof of age when you intend to consume alcoholic beverages:

Valid driver’s license or non-driver identification card
Identification card issued by the armed forces of the United States

College identification cards, employee identification cards or any other form of ID not listed above can be accepted as a secondary means to verify identity but can NOT be accepted as a primary proof of age.

FLEXIBILITY AND UNUSED SERVICES

You acknowledge that the nature of travel requires flexibility and that you will permit reasonable alterations to itineraries by RocTours. The route, schedules, activities, and amenities subject to change without notice due to unforeseeable circumstances or events outside the control of RocTours (including but not limited to Force Majeure, illness, mechanical breakdown, strikes, and political events). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of RocTours, including your removal from a Tour because of your negligence or breach of these Terms.

CHANGES

Changes made by RocTours: RocTours may modify your itinerary where reasonably required in its sole discretion. If RocTours makes a change which materially affects the character of a Tour in its entirety (a “Material Change”), RocTours will provide notice to you as soon as reasonably possible, provided there is sufficient time to do so before departure. If a Material Change is made more than 5 days before departure, you may choose to:

i) accept the Material Change and proceed with the amended Tour;
ii) book another Tour of equal or greater value, if available (you will be responsible for paying any difference in price); or

iii) book another Tour of lesser value, if available (with a refund payable to you for the difference in price).

You must notify RocTours of your choice within 2 days of receiving notice or you will be deemed to accept the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of RocTours. You acknowledge that RocTours is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. RocTours will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to RocTours is accurate and up-to-date. Any changes to a booking depend on availability and are subject to RocTours’s approval and these Terms. Any extra costs incurred for making the change will be charged to you. Cancellation of any Tour or stop included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms.

ACCEPTANCE OF RISK

You acknowledge that travel offered by RocTours may involve a certain amount of risk to your health and safety. By traveling with RocTours, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases RocTours from all claims and causes of action arising from any losses, damages, injuries, or death resulting from risks inherent in travel or participation in activities such as those included in Tour itineraries or otherwise offered by RocTours.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, carriage by watercraft, or participation in “extreme sports” or other high-risk activities. You agree that RocTours is not responsible for providing information or guidance with respect to weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must always strictly comply with all applicable laws and regulations of New York State. Should you fail to comply with the above or commit any illegal act when on a Tour or if, in the opinion of RocTours (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, RocTours may terminate your participation in the Tour immediately at your expense and without any liability on RocTours’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your Tour, including, without limitation, return travel, tasting fees, entry fees, meals, and incidentals.

You are responsible for any costs (including repair, replacement, and cleaning fees) incurred by RocTours or RocTours’s suppliers for property damage, destruction, or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of RocTours and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to: the proper use of safety devices (including seat belts, harnesses, flotation devices and helmets), and obeying all posted signs and oral or written warnings regarding health and safety. Neither RocTours nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to RocTours as soon as possible in order to provide RocTours with the opportunity to properly address such complaint. You agree to inform your tour guide, another representative of RocTours, or RocTours’s customer service department directly. RocTours assumes no liability for complaints that are not properly brought to the attention of RocTours and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by RocTours within 30 days of the last day of travel of the booking in question.

THIRD PARTY SUPPLIERS

RocTours makes arrangements with activity providers, wineries, breweries, cideries, restaurants, markets, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although RocTours takes all reasonable care in selecting Third Party Suppliers, RocTours is unable to control Third Party Suppliers, does not supervise Third Party Suppliers, and therefore cannot be responsible for their acts or omissions. ou acknowledge that Third Party Suppliers operate in compliance with the applicable laws of New York State and RocTours does not warrant that any Third Party Supplier is in compliance with the laws of any other jurisdiction.

ROCTOURS IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN ROCTOURS AND ITS EMPLOYEES.

RocTours is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

OPTIONAL EXTRAS

“Optional Extras” refers to any activity, transportation, meal, product, activity, or service not expressly included in the Tour itinerary or price of the Tour and do not form part of the Tour. You agree that any assistance given by RocTours’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and RocTours makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of RocTours regarding any Optional Extras. You release RocTours from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering, or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

LIABILITY

RocTours and its employees, officers, directors, successors, representatives, and assigns, shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or inter-positions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against RocTours for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of RocTours or of the Third Party Suppliers of any services which form part of the booking contract then RocTours limits its liability, where applicable by all applicable international conventions.

Notwithstanding anything to the contrary elsewhere in these Terms, RocTours will not, under any circumstances, be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death, or illness, or which are not subject to the Terms referred to above, any liability RocTours may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to personal possessions then RocTours liability will not exceed $500 USD. RocTours will not, at any time, be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against RocTours and its suppliers, contractors or other third parties.

FORCE MAJEURE

RocTours will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for RocTours failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war, or war-like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of RocTours; or an event which RocTours or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos, or videos may be taken by other participants, RocTours or its representatives that may contain or feature you. You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to RocTours, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

PRIVACY POLICY

RocTours must collect your personal information to deliver the Tour and any products or services booked. RocTours collects, uses, and discloses only that information reasonably required to enable RocTours and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested, as described in RocTours’s Privacy Policy, which can be accessed any time at https://www.roc-tours.com/privacy/ and is expressly incorporated into these Terms. By submitting any personal information to RocTours, you indicate your acceptance of RocTours’s Privacy Policy.

SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or un-enforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

APPLICABLE LAW

The Contract and these Terms are subject to the laws of New York, United States, and you submit to the exclusive jurisdiction of the courts located in New York, United States, for the resolution of any dispute under these Terms or concerning any Tour, product or service.

AMENDMENTS

RocTours reserves the right to update or alter these Terms at any time and will post the amended Terms on RocTours’s website at https://www.roc-tours.com/terms-conditions/. Any amendment will take effect 10 days after being posted to RocTours’s website. An up to date copy of these Terms, as amended, may be accessed at any time on RocTours’s website and will be sent to you upon written request to RocTours. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on RocTours’s website. RocTours recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.