Oktoberfest 2012 - Terms & Conditions

The purchase of any travel services offered by Spyglass Tours & Events, Spyglass Tours, or Spyglass Events constitutes a contractual arrangement between you and Spyglass Tours & Events, and represents your acceptance of Spyglass Tours & Events’ Terms and Conditions set out herein. Please ensure that you read carefully and understand these Terms and Conditions prior to booking. These Terms and Conditions are subject to change at any time. You are advised to check on the website or to request the latest version of the Terms and Conditions from Support@SpyglassTours.com .

You can sign up for your tour online by filling out the Reservation Form, or contacting us by phone. You will then be e-mailed a Payment Confirmation as well as other pertinent information regarding your tour. A Receipt will be mailed to the mailing address provided on the form.

If you prefer a private room, we offer a limited number of single room supplements for an additional fee on selected tours. Spyglass Tours is not responsible for pairing solo travelers.

You must agree to the Terms and Conditions and pay a deposit to confirm a reservation. Deposit is required at time of booking. You may pay your deposit via the online form using a credit/debit card or postal service with a check or money order. We accept credit/debit cards, personal checks, cashier's checks and money orders.

Final tour payments are due 90 days before departure. We reserve the right to cancel your reservation if you fail to pay by the due date. To purchase a tour departing in less than 90 days, full payment is required and the tour cost is non-refundable.

Cancelling confirmed bookings sometimes results in costly fees and penalties. Cancellation fees vary according to itinerary. We encourage the purchase of Travel Insurance to offset these charges and cover any other occurrences while on tour. Tour payments are refundable until 90 days prior to departure, minus 25% of the total cost plus any cancellation fees accrued by outside suppliers that we are unable to resell. Cancellations made less than 90 days prior to departure are non-refundable.

Written notice of cancellation must be sent to Spyglass Tours & Events by postal mail:

If a tour or event is cancelled because of disaster, terrorism, etc. this Agreement shall automatically terminate and neither party shall have any liability to the other. You (the purchaser) will be refunded your payments minus administrative and handling expenses, which shall not exceed 25% of the total fee of the tour package.

Your cancellation will be in effect on the date it is received by Spyglass Tours & Events.

You are responsible for your own property, and you will not hold Spyglass Tours & Events responsible for any losses or damages. To the extent permitted by the law, you release Spyglass Tours & Events (including their directors, officers, employees, consultants, contractors, agents and volunteers) from any liability for any damage, loss, liability or injury you may suffer in relation to your participation in the tour. You accept responsibility for your own actions. You acknowledge that you are responsible for your own safety and for the safety of any children accompanying you. You understand that foreign countries may be unfamiliar to you, so we encourage you to be careful at all times.
You agree to compensate Spyglass Tours & Events for any damage, loss, liability or injury Spyglass Tours & Events or anyone else may suffer as a result of your willful, reckless or negligent acts or omissions while on tour.

General
Spyglass Tours & Events may choose not to enforce some of above mentioned terms in some cases. That does not mean that Spyglass Tours & Events is prevented from enforcing some or all of them as it sees fit. If any of the terms cannot be enforced, the remaining terms will survive. You agree that by agreeing to these Terms and Conditions, and you recognize that by purchasing one of our tours, you are signing a binding contract. Spyglass Tours & Events will provide you with a full service tour that includes, but is not limited to, accommodation, sights, excursions, some meals/drinks, etc. Spyglass Tours & Events will not provide meals or any other extras that are not explicitly included in their promotion of each event. By purchasing and participating in this tour, you are hereby giving Spyglass Tours & Events the right to use your photos/likeliness in the promotion and advertising of future tour packages. Spyglass Tours & Events must request the specific right to use your name.

Spyglass Tours & Events reserves the right to cancel any package or extension in this program, in which case all monies received by Spyglass Tours & Events from tour participants shall be refunded within 30 days minus any administrative fees not to exceed 25% of the tour cost. Spyglass Tours & Events liability is limited to refunds of payments received. We try to rebook the same vacation with a different departure date, or a similar vacation. Spyglass Tours & Events cannot assume responsibility for any additional cost or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements.

Re-Sale / Transfer
Spyglass Tours does not allow any part of the tour package to be sold or transferred to another individual without prior written consent from Spyglass Tours & Events. In the event that permission has been granted to transfer a package to another individual, the sale of said package on internet websites such as EBay, Craigslist, Facebook, or similar website or print media is strictly forbidden and will result in the cancellation of said tour package and forfeiture of all funds received by Spyglass Tours.

Prices
Tour package prices are per person, based on two persons sharing a double room. A limited number of single rooms may be available upon payment of a single room supplement (approximately 50% extra surcharge). Triple and Quad room rates may be available upon request and are always subject to availability. All rates are in US dollars, unless otherwise stated, and are not guaranteed until booked. All Clients accept that prices on packages as well as tickets/hotels are marked up and may be more than face value, and are subject to change until booked.

Spyglass Tours & Events is not responsible or liable for loss, damage, theft of luggage and/or personal belongings, or for personal injury, accidents and/or illness. For your protection, it is important that you have, or purchase insurance to cover these possibilities.

A valid passport is required for all travelers. It should be valid six months after the return to the U.S. It is your responsibility to have proper documents before entering the European Union.

Spyglass Tours & Events reserves the right to accept or reject any person as a tour participant; to expel any participant from the tour; to make changes in the itinerary whenever Spyglass Tours & Events deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a tour at any time.

Any disability requiring special attention must be reported to Spyglass Tours & Events at the time of booking. Spyglass Tours & Events will make reasonable efforts to accommodate the needs of disabled participants, but is not responsible for denial of service by carriers, hotels, restaurants, or other suppliers. We cannot give individual assistance for walking, dining, getting on/off transportation vehicles, or other needs. A qualified companion must accompany participants needing assistance.

Air Arrangements
Spyglass Tours & Events is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you miss your departure flight, it is your responsibility to work with the airline on which you are ticketed to reach your destination. Spyglass Tours & Events is not responsible for any additional expenses you may incur prior to joining your trip. Spyglass Tours & Events is not responsible for and will not provide any refund for portions of trips missed due to canceled, rescheduled, or delayed flights.

Optional Excursions & Activities:
Accommodations and other suppliers (referred to as “the Suppliers”)(including but not limited to trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing optional activities and excursions (“the Services”) in the area of the tour itinerary that are available for booking are not run, supervised, or controlled in any way by Spyglass Tours & Events. These services are provided by local operators or other third parties that are entirely independent of Spyglass Tours & Events, which has no control and has no right of control over the operations of these independent contractors.

Such activities and excursions do not form any part of the product or services sold to you by Spyglass Tours & Events, or of these Terms and Conditions, even where Spyglass Tours & Events suggests particular operators/other third parties and/or assists you in booking such activities or excursions. Your contract for such activity or excursion will be with the organizer or operator of that activity or excursion and will be subject to its Terms and Conditions, which may contain exclusions or limitations of liability. Spyglass Tours & Events has no liability for any such activity or excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the activity or excursion.

Any advice or assistance on or with any activity or excursion provided by any local representative does not mean or imply that the activity or excursion is sold, supervised, or controlled by Spyglass Tours & Events or that any such advice or assistance is given on behalf of Spyglass Tours & Events. Tour participants are asked to check with the operator of any activity or excursion and the applicable Terms and Conditions before booking. To request details about optional excursion operators send inquiry here: support@SpyglassTours.com.

All of us at Spyglass Tours & Events respect your privacy. We will never share your name, address, email address or purchase information with any third party.

When you place an order with us, we collect basic information including your name, address, email address and phone number. We use this information to confirm your order and to respond to any questions you may have.

We never use cookies to store sensitive customer information such as names, addresses, passwords or credit card numbers. If you would like to place an order, use our online Reservation Form, or contact us directly at (704) 392-1002.

If you have other questions about our website, please email our Tech Support department at Support@SpyglassTours.com

All content included on this site, such as text, images, graphics, logos, video clips, digital downloads and software, is the property of Spyglass Tours & Events and protected by United States and international copyright laws. "Spyglass Tours & Events," "Spyglass Tours," "www.SpyglassTours.com," and "Spyglass" are trademarks of Spyglass Tours & Events and may not be used in connection with any travel-related information, products, or services that are not owned by Spyglass Tours & Events.

Spyglass Tours & Events grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of Spyglass Tours & Events. The downloading of streaming video clips is permissible for personal use only.
This license does not include any commercial or derivative use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Spyglass Tours & Events.
As a visitor to www.SpyglassTours.com you are granted a limited and revocable right to create a link to our site so long as the link does not portray our site, our products or services in a misleading, derogatory, or otherwise offensive matter. You may not use any content, logo or graphic from our site as a part of the link without express written permission. Any unauthorized use terminates any license or permission granted by Spyglass Tours & Events.

Indemnification
By using this Website, you agree to indemnify Spyglass Tours & Events, its trustees, members, employees, volunteers, agents, and representatives and hold them harmless from any and all claims and expenses, legal fees, including attorneys' fees, arising from your use of the Site. You further agree to release Spyglass Tours & Events and its officers, trustees, members, employees, volunteers, agents, and representatives from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind, (known or unknown, suspected or unsuspected, disclosed or undisclosed) that you may have against them arising out of, or in any way related to, your use of the Site or to any disputes regarding use of ideas or related materials submitted to Spyglass Tours & Events. You hereby agree to waive all laws that may limit the efficacy of such releases.

You agree to accept responsibility for all activities that occur in your name and/or with your credit card. If you are under 18, you may enter into transactions only with the consent of a parent or guardian. Spyglass Tours & Events reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.
Prices for travel are based on available sources. Actual currency and currency exchange rates may vary.

When you order a tour online, send an email message to any address@SpyglassTours.com, or otherwise give us your email address, you consent to receive future email messages from us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Spyglass Tours & Events will never share your email address with anyone else. For more on this, see our Privacy Policy.

All items purchased from Spyglass Tours & Events are made pursuant to a shipment contract. This means that the ownership of your purchases and the risk of loss are entirely yours once we pass the items on to the carrier.

By visiting www.SpyglassTours.com, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between you and Spyglass Tours & Events.

Any dispute relating in any way to your visit to www.SpyglassTours.com, or to booking a tour online shall be submitted to confidential arbitration by a single arbitrator in Iredell County in the state of North Carolina. The parties first agree to try in good faith to settle the dispute by mediation administered by American Arbitration Association or Judicial Arbitration and Mediation Services. If mediation is unsuccessful, arbitration under this agreement shall be conducted under the commercial arbitration rules of the American Arbitration Association. The initial administrative fees associated with mediation or arbitration shall be shared equally by the parties, subject to reallocation of fees and costs, if any, as determined by the arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
An important exception: if you violate or threaten to violate Spyglass Tours & Events intellectual property rights, Spyglass Tours & Events may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration against Spyglass Tours & Events must be commenced within one year following the date of tour completion. Neither Spyglass Tours & Events nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to SpyglassTours.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed "severable" and shall not affect the validity and enforceability of any remaining condition.

Responsibility
Spyglass Tours & Events is an independent company licensed to market and distribute travel products under the Spyglass Tours & Events brand name, and arrange for the travel services offered in its brochure or on its website, including transportation, sightseeing, and accommodations through independent contracts.

The accommodations and other suppliers (including but not limited to trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint ventures of Spyglass Tours & Events or its affiliates. All certificates and other travel documents for services issued by Spyglass Tours & Events are subject to the Terms and Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.

The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (tour participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, Spyglass Tours & Events maximum liability is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g. the Warsaw Convention, the Montreal Convention for international travel by air, the EU Regulation on Air Carrier Liability for carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.

After departure, if the services included in the tour cannot be supplied or there are changes in an itinerary for reasons beyond the control of Spyglass Tours & Events, Spyglass Tours & Events will arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of tour participants, and any resulting savings will be refunded by Spyglass Tours & Events to tour participants.

The tour participant agrees that neither Spyglass Tours & Events nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection Plan, or any other person.

No person, other than an authorized representative of Spyglass Tours & Events by a document in writing, is authorized to vary, add, or waive any term or condition in its brochure or on its website, including any term or condition set forth in the preceding provisions.

To register, please send an eMail with your complete agency contact information including your IATA/ARC/CLIA number and an attached W-9 Tax Form to support@spyglasstours.com. You will receive an eMail confirmation when your agency has been approved. W-9’s may also be sent via postal mail.

Failure to comply with the above terms forfeits your right to a commission. If all terms are satisfactorily met, your commission check will be sent via postal mail 30-60 days after travel is completed. Optional excursions and additional activities do not qualify as commissionable sales.

A deposit is required to confirm a reservation. Final payment is due no later than 90 days prior to departure. Payments may be made by Visa, MasterCard, Discover, check or money order. Payment in full is required at the time of booking for reservations made less than 90 days prior to departure. Payment schedules are as follows:

All cancellations and refund requests must be made in writing via postal mail. Full payments and 50% deposits are refundable, minus 25% of the total package price, until 90 days prior to departure. Lay-away payments are non-refundable. Additional penalties and fees imposed by travel industry suppliers may also be deducted from your refund, if imposed. We strongly encourage the purchase of Travel insurance to offset fees, penalties, or other occurences while traveling.