Wine Trails

1. Acceptance of Terms

By accessing or using Wine Trails ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Wine Trails provides GPS-guided, audio-curated wine tour experiences created by sommeliers and wine experts. Our platform allows users to purchase digital tours and creators to build and monetize their wine expertise.

3. User Accounts

To access certain features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Limitation of Liability

IMPORTANT: Wine Trails and its creators provide tour content for informational and entertainment purposes only. We are not liable for:

• Any injuries, accidents, or incidents that occur while participating in wine tours
• Driving under the influence of alcohol or any unsafe behavior
• Inaccuracies in tour content, winery information, or GPS coordinates
• Changes to winery hours, closures, or availability
• Quality or safety of products or services at third-party wineries
• Loss or damage to personal property
• Technical issues with mobile devices, GPS, or internet connectivity

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU PARTICIPATE IN WINE TOURS AT YOUR OWN RISK. PLEASE DRINK RESPONSIBLY AND NEVER DRIVE WHILE INTOXICATED.

5. Intellectual Property

All content provided through Wine Trails, including tour audio, images, text, and GPS data, is protected by copyright and intellectual property laws. Users may not:

• Reproduce, distribute, or share tour content without authorization
• Use content for commercial purposes outside of personal use
• Reverse engineer or extract source data from our platform

6. Creator Responsibilities

Sommeliers and creators using our platform agree to:

• Provide accurate, high-quality content
• Respect intellectual property rights of third parties
• Not include false, misleading, or harmful information
• Comply with all applicable laws and regulations

6A. Tour Operator Terms

This section applies specifically to tour operators offering guided wine tours through the Wine Trails marketplace.

Platform Commission

Wine Trails charges a commission ranging from 15% to 30% on the gross booking value of all confirmed reservations. The specific commission rate will be determined based on factors including tour volume, seasonality, promotional support, and operator tier. This commission covers:

• Payment processing and secure transactions
• Customer support and dispute resolution
• Platform maintenance and technology infrastructure
• Marketing and promotional activities
• Insurance and liability coverage administration

Payout Terms

Payouts are processed monthly via Stripe Connect. Funds from confirmed tours are transferred within 7 business days after the tour completion date, minus the applicable platform commission. Operators must maintain a valid Stripe Connect account to receive payments.

Operator Responsibilities and Liability

As an independent tour operator, you are solely and exclusively responsible for:

• Licensing and Permits: Obtaining and maintaining all necessary business licenses, tour operator permits, alcohol service licenses, and regulatory approvals required in your jurisdiction
• Insurance Coverage: Securing comprehensive commercial general liability insurance with minimum coverage of $1,000,000 per occurrence and $2,000,000 aggregate. Proof of insurance may be required upon request
• Safety and Well-being: Ensuring the safety, security, and well-being of all tour participants throughout the entire duration of the tour experience
• Accurate Representation: Providing truthful, accurate, and complete tour descriptions, pricing, itineraries, inclusions, and availability information
• Service Delivery: Delivering tours exactly as described in your listings, maintaining the promised quality standards and experience
• Legal Compliance: Complying with all applicable local, state, federal, and international laws, regulations, and industry standards
• Vehicle Safety: If transportation is provided, ensuring all vehicles are properly licensed, insured, maintained, and operated by qualified drivers
• Alcohol Service: Adhering to responsible alcohol service practices, verifying guest ages, and preventing service to intoxicated individuals

Platform Liability Limitations

CRITICAL: Wine Trails operates exclusively as a marketplace platform connecting customers with independent tour operators. Wine Trails is NOT a tour operator and is NOT LIABLE for:

• Any injuries, accidents, illnesses, or incidents occurring during tours
• Quality, safety, or suitability of tour services provided by operators
• Acts, errors, omissions, representations, warranties, or negligence of operators
• Personal injuries, property damage, or economic losses related to tours
• Disputes between operators and customers
• Compliance with licenses, permits, or regulatory requirements by operators

Indemnification

Operators agree to indemnify, defend, and hold harmless Wine Trails, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your provision of tour services
• Your breach of these Terms of Service
• Your violation of any laws or regulations
• Any injuries or damages to tour participants
• Your negligent or willful misconduct

Cancellation and Refund Policies

Operators may establish their own cancellation policies (flexible, moderate, or strict). However, you must:

• Clearly communicate your cancellation policy to customers before booking
• Honor the cancellation terms you have specified
• Process refunds promptly according to your stated policy
• Handle weather-related or force majeure cancellations fairly and transparently

Quality Standards and Reviews

Wine Trails reserves the right to:

• Suspend or permanently remove operators who receive consistently negative reviews (average rating below 3.5 stars)
• Delist operators who fail to deliver tours as described or violate platform policies
• Conduct quality audits and request documentation or evidence of compliance
• Feature or promote high-performing operators based on customer satisfaction metrics

Data Processing and Privacy

By operating on Wine Trails, you consent to the collection, processing, and storage of:

• Business information including company name, contact details, and banking information
• Customer booking data necessary to facilitate reservations and payments
• Tour performance metrics including sales, ratings, and reviews
• Communication records between you and customers or Wine Trails support

All data processing complies with applicable data protection laws including GDPR and CCPA where applicable. See our Privacy Policy for details.

Account Suspension and Termination

Either party may terminate this agreement with 30 days' written notice. Upon termination:

• You remain responsible for completing all confirmed bookings
• Outstanding payouts will be processed according to normal schedules
• Your tour listings will be removed from the platform
• Customer reviews and ratings will be preserved for transparency

Wine Trails may immediately suspend or terminate operator accounts for serious violations including fraud, safety incidents, legal violations, or gross misconduct.

Independent Contractor Status

Operators are independent contractors, not employees, agents, or partners of Wine Trails. This agreement does not create any employment, agency, joint venture, or partnership relationship. Operators are responsible for their own taxes, insurance, and regulatory compliance.

7. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Upload viruses, malware, or harmful code
• Impersonate others or misrepresent your affiliation

8. Payment and Refunds

All payments are processed securely through Stripe. Please refer to our Refund Policy for information about our no-refund policy on digital products.

9. SMS Terms

Program: Wine Trails tour notifications. When you book a tour and provide a mobile number, we send transactional text messages: a confirmation with your tour link and a reminder on the morning of your tour.

• Message frequency: varies, up to 2 messages per booking
• Message and data rates may apply.
• Opt out: Reply STOP to cancel at any time. You will receive one final message confirming you have been unsubscribed.
• Help: Reply HELP for help, or email support@winetrails.io
• Carriers are not liable for delayed or undelivered messages.

10. Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms of Service or for any other reason at our sole discretion.

11. Changes to Terms

We may update these Terms of Service from time to time. Continued use of the Service after changes constitutes acceptance of the new terms.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

13. Contact Information