Oktoberfest Packages 

A. PURCHASE TERMS AND CONDITIONS

When you purchase any travel services offered by Spyglass Tours, LLC, including but not limited to, Spyglass Tours (“Tours”), Oktoberfest Packages (“Packages”), and/or Spyglass Events (“Events”), you are entering into a contract with Spyglass Tours, LLC, and your purchase represents your acceptance of the Spyglass Tours LLC Terms and Conditions set forth herein. Please ensure that you read these Terms and Conditions carefully and fully understand them prior to booking. These Terms and Conditions are subject to change at any time, and you will be bound by the version in effect at the time you make your purchase. You are advised to check on the website or to request the latest version of the Terms and Conditions from Oktoberfest@Spyglass.Tours prior to making your purchase.

1. How to Sign Up for a Package or Tour

1.1 You can sign up for any Package or Tour on our website by clicking the Buy Now button for the Package or Tour in which you would like to participate. Clicking the Buy Now button will take you to the online store where you may purchase the Package or Tour of your choosing. You may also register an account using your email address, which will allow you to save Packages or Tours as “favorites” that you can review or purchase later.

1.2 Once your order is complete, you will be e-mailed a Payment Confirmation as well as other pertinent information regarding your Package or Tour. Spyglass Tours, LLC recommends using the link in your confirmation email to sign up for Travel Insurance immediately upon receiving the confirmation email. It is not advisable to wait, as many insurance companies only allow you to purchase travel insurance within fourteen (14) days of booking your travel.

2. Prices

2.1 All Package or Tour prices are per person, based on two persons sharing a double room.

2.2 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 on certain Tours and are always subject to availability.

2.3 All rates are in US dollars, unless otherwise stated, and are subject to change. By purchasing, you acknowledge and accept that prices on Packages and Tours as well as tickets/hotels are marked up and may be more than face value and are subject to change.

3. Single Room Supplement

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

4. Deposits and Final Payments

4.1 Full payment is due at the time of purchase. Spyglass Tours, LLC accepts payment by Visa, MasterCard, Discover, American Express, Personal Check or Money Order.

4.2 At your option, if you make your purchase prior to July 01 of the year in which your Package or Tour is scheduled to occur, you may elect to defer a portion of the cost of your Package or Tour. If you elect to defer full payment, payments will be due as follows:

a. A 50% deposit will be required at the time of purchase to confirm your Package or Tour Reservation. Final payment is due July 01.

b. A “lay-away payment” equal to 10% of the total cost of your Package or Tour, plus a $5.00 per month service charge, will be due on the 18th day of each month following your date of purchase. By way of example only, if you make your purchase in February, a 10% deposit will be due at the time of purchase, and your first lay-away payment, plus service charge, will be due on March 18th. Lay-Away payments are 100% non-refundable.

c. Regardless of your month of booking prior to July 1 of the year in which your Package or Tour is scheduled to occur, the total remaining balance for your Package or Tour is due on or before July 1 of the year in which your Package or Tour is scheduled to occur. By way of example only, if you book your Package or Tour in April, your 50% deposit would be due at the time of booking, your lay-away payments, plus services charges, will be due on May 18 and June 18, and your final payment will be due on July 1. The final payment is subject to the same $5.00 service charge as all lay-away payments.

d. Spyglass Tours, LLC reserves the right to cancel your reservation if you fail to submit full payment, plus all applicable service charges, on or before the July 1, deadline.

4.3 For reservations made on or after July 1 of the year in which your Package or Tour is scheduled to occur, full payment is due at the time of purchase.

4.4 All deposits, lay-away payments, service charges, final payments, and payments in full are non-refundable, except as specifically provided in these Terms and Conditions.

5. Cancellations and Refunds

5.1 Cancelling confirmed bookings sometimes results in costly fees and penalties. Cancellation fees vary according to itinerary. Spyglass Tours, LLC encourages the purchase of Travel Insurance to offset these charges and cover any other occurrences while on tour.

5.2 If you provide written notice of cancellation to Spyglass Tours, LLC in accordance with Section 5.4 herein at least ninety (90) days prior to departure, you are eligible for a partial refund equal to (a) the total amount of payments you have made towards your reservation at the time of cancellation, less (b) 50% of the total cost of your reservation, and (c) less any cancellation fees incurred by Spyglass Tours, LLC from outside suppliers for reservations that Spyglass Tours, LLC is unable to fill or otherwise resell. (d) Lay-Away payments are 100% non-refundable.

5.3 If you provide written notice of cancellation to Spyglass Tours, LLC in accordance with Section 5.4 herein less than ninety (90) days prior to departure, you are not eligible for any refund.

5.4 Written notice of cancellation must be sent to Spyglass Tours, LLC by email at Oktoberfest@Spyglass.Tours or by postal mail at the following address:

Spyglass Tours, LLC

1403 Business Center Court

Dayton, Ohio 45410

The date of your notice of cancellation shall be the date it is received by Spyglass Tours, LLC.

6. Event Cancellation

6.1 If the Event that you are scheduled to attend is cancelled for any reason, including, without limitation, work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, act of war, terrorism, epidemic or pandemic, or communication disruption, your reservation will automatically be rolled over to the same Event for the following calendar year, and all of the Terms and Conditions set forth herein will apply to the rolled-over reservation. If you elect to cancel your rolled-over reservation, your cancellation will be subject to Section 5 herein.

6.2 Once you depart for the destination of your Event, you are not eligible for any refunds or for any roll-over of your reservation.

6.3 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, LLC, Spyglass Tours, LLC will use commercially reasonable efforts to attempt to arrange for the provision of comparable services. If efforts to attempt to arrange for the provision of comparable services will result in additional expense, Spyglass Tours, LLC will only book such comparable services upon Tour participant(s)’s payment of such additional expense to Spyglass Tours, LLC. Tour participant(s)’s failure to pay such additional expense relieves Spyglass Tours, LLC from any obligation to provide for comparable services and will result in no refund to Tour participant(s).

6.4 Regardless of whether any Event is cancelled by the organizer thereof, Spyglass Tours, LLC reserves the right to modify or cancel any scheduled Tour and/or Package itinerary whenever Spyglass Tours, LLC, in its sole and absolute discretion, deems it necessary for the comfort, convenience, or safety of the participants. If a Tour, Package and/or Event is cancelled under this provision, your reservation will be rolled over as specified under Section 6.1. If you decide to cancel your reservation after it is rolled over as described herein, your cancellation will be subject to the requirements and limitations set forth in Section 5.

7. Re-Sale / Transfer

7.1. No part of any Package or Tour may be sold or transferred to another individual without prior written consent from Spyglass Tours, LLC. In the event that Spyglass Tours, LLC grants permission under this section, the sale of said Package or Tour 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 Package or Tour and forfeiture of all funds paid to Spyglass Tours, LLC.

8. Assumption of Risks

8.1 By purchasing a Package or Tour from Spyglass Tours, LLC, you agree to voluntarily release Spyglass Tours, LLC (including its members, directors, officers, employees, consultants, contractors, agents and volunteers), to the fullest extent permitted by law, from and against any and all claims for any damage, loss, accident, liability or injury you may suffer in relation to your participation in the Package or Tour. You further accept responsibility for your own actions, and acknowledge that you are solely responsible for your own safety and for the safety of any children accompanying you. You further agree and warrant that you have familiarized yourself with the laws of the country to which you will be traveling, and that you will abide by such laws at all times. You further agree to indemnify and hold harmless Spyglass Tours, LLC (including its members, directors, officers, employees, consultants, contractors, agents and volunteers) from and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred as a result of your willful, reckless or negligent acts or omissions while participating in your Package or Tour, including any accident, injury, damage, or violation of local law that may result from such conduct.

8.2 You will be required, and you agree, to sign a liability waiver prior to arrival before participation in any Tours, Packages, and/or Events acknowledging your understanding and acceptance of these Terms and Conditions and any further instructions provided by Spyglass Tours, LLC. Failure to comply in the signing of this waiver will result in immediate cancellation of all services promised by Spyglass Tours, LLC and no refunds will be available.

9. Insurance

9.1 Spyglass Tours, LLC is not responsible or liable for loss, damage, theft of luggage and/or personal belongings, or for personal injury, accidents and/or illness while traveling to and/or from, and attending and/or participating in any Event, Tour and/or Package. For your protection, Spyglass Tours, LLC recommends you have, or purchase, insurance to cover these possibilities.

10. Passports

10.1 All travelers must have a passport that is valid at the time of travel and for at least six (6) months after the return to your home country. It is your sole and absolute responsibility to have proper documentation before entering the European Union.

11. Disabled Participants

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

12. Air Arrangements

12.1 Spyglass Tours, LLC is not responsible or liable in any way 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, LLC is not responsible or liable in any way for any additional expenses you may incur prior to joining your Tour, Package and/or Event. Spyglass Tours, LLC is not responsible for and will not provide any refund for portions of Tours, Packages, and/or Event missed due to canceled, rescheduled, or delayed flights.

13. Optional Activities & Services

13.1 Suppliers of accommodations and other services (including but not limited to tour operators, trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing optional activities in the area of the Tour and/or Package itinerary that are available for booking are not operated, supervised or controlled in any way by Spyglass Tours, LLC. These services are provided by local operators or other third parties that are entirely independent of Spyglass Tours, LLC, which has no control and has no right of control over the operations of these independent contractors.

13.2 Such optional activities and services do not form any part of the product or services sold to you by Spyglass Tours, LLC, or of these Terms and Conditions, even where Spyglass Tours, LLC suggests particular operators/other third parties and/or assists you in booking such activities or services. Your contract for such optional activity or service will be with the organizer or operator of that optional activity or service. Spyglass Tours, LLC has no liability for any such optional activity or service or for any act or omission of the organizer or operator or for any of its employees or agents or any other person connected with the optional activity or service.

13.3 Any advice or assistance on or with any optional activity or service provided by any local representative of Spyglass Tours, LLC does not mean or imply that the optional activity or service is sold, supervised, or controlled by Spyglass Tours, LLC or that any such advice or assistance is given on behalf of Spyglass Tours, LLC. Tour, Package and/or Event participants are asked to check with the operator of any optional activity or service and their applicable terms and conditions, exclusions and/or limitations of liability before booking.

13.4 The providers of accommodations and suppliers of goods and services (including but not limited to tour operators, trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint ventures of Spyglass Tours, LLC or its affiliates. All certificates and other travel documents for services issued by Spyglass Tours, LLC 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.

14. Provisions Relating to International Travel

14.1 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, LLC’s 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.

14.2 The tour participant agrees that neither Spyglass Tours, LLC 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.

14.3 No person, other than an authorized representative of Spyglass Tours, LLC 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.

15. General

15.1 Spyglass Tours, LLC may choose not to enforce some of above-mentioned terms in some cases, in its sole and absolute discretion. No such decision by Spyglass Tours, LLC shall operate as a waiver of its right to enforce all of the provisions of the Terms and Conditions specified herein, unless Spyglass Tours, LLC expressly agrees in writing to waive one or more of the foregoing terms.

15.2 If any of the herein Terms or Conditions, or the application thereof to any person or circumstances shall to any extent be deemed invalid or unenforceable, the remainder of these Terms and Conditions other than those as to which it is invalid or enforceable, shall not be affected thereby and each remaining term and condition shall be valid and enforceable to the extent permitted by law.

15.3 You agree that by agreeing to these Terms and Conditions, and you recognize that by purchasing one of Spyglass Tours, LLC’s Packages or Tours, you are entering into a binding contract with Spyglass Tours, LLC. Spyglass Tours, LLC will provide you with a Package or Tour that may include accommodation, sights, excursions, some meals/drinks, etc. Spyglass Tours, LLC will not provide meals or any other extras that are not explicitly included in their description of each Package, Tour and/or Event.

15.4 By purchasing and participating in a Package or Tour, you hereby give Spyglass Tours, LLC the right to use your photos/likeness in the promotion and advertising of future tour packages.

15.5 Spyglass Tours, LLC reserves the right to accept or reject any person as a tour participant, and to expel any participant from any Package or Tour.

15.6 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to principles of conflict of laws.

15.7 Payment of travel deposits and other amounts shall constitute consent to all of the herein Terms and Conditions, and to all other policies, terms, and conditions available on Spyglass Tours, LLC’s website(s).

16. Disputes

16.1 Any dispute relating in any way to a Package or Tour, or to any of the foregoing Terms and Conditions, shall be addressed according to Section 8 of the “Website Terms and Conditions,” available at oktoberfestpackages.com

B. WEBSITE TERMS AND CONDITIONS

1. Contact Technical Support

1.1 If you have questions about our website or require technical assistance or support, please email our Tech Support department at Oktoberfest@Spyglass.Tours

2. Copyright and Trademarks

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

3 License and Site Access

3.1 Spyglass Tours, LLC 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, LLC. 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.

3.2 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, LLC.

3.3 As a visitor to www.SpyglassTours.com or www.OktoberfestPackages.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 of Spyglass Tours, LLC. Any unauthorized use terminates any license or permission granted by Spyglass Tours, LLC.

4. Indemnification

4.1 By using this Website, you agree to indemnify Spyglass Tours, LLC, its members, officers, directors 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 Website. You further agree to release Spyglass Tours, LLC and its members, officer, directors 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 Website or to any disputes regarding use of ideas or related materials submitted to Spyglass Tours, LLC. You hereby agree to waive all laws that may limit the efficacy of such releases.

5. Transactions

5.1 You agree to accept responsibility for all activities that occur in your name and/or with your credit card or other payment information you provide to Spyglass Tours LLC. If you are under the age of 18, you may enter into transactions only with the consent of a parent or guardian. Spyglass Tours, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.

5.2 Prices for travel are based on then-available sources. Actual currency and currency exchange rates may vary.

6. Email

6.1 When you order a Tour or Package online, send an email message to any address ending in “@Spyglass.Tours,” or otherwise give us your email address, you consent to receive future email messages from Spyglass Tours, LLC and its affiliates. You agree that all agreements, notices, disclosures and other communications that Spyglass Tours, LLC provides to you electronically satisfy any legal requirement that such communications be in writing. Spyglass Tours, LLC will never share your email address with anyone else. For more information regarding how we use your contact information, please see our Privacy Policy.

7. Applicable Law

7.1 By visiting www.SpyglassTours.com or www.OktoberfestPackages.com" www.OktoberfestPackages.com, you agree that the laws of the state of Ohio, 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, LLC.

8. Disputes

8.1 Subject to Section 8.2 below, any dispute relating in any way to your visit to www.SpyglassTours.com" www.SpyglassTours.com, www.OktoberfestPackages.com or to booking a Tour or Package online shall be submitted to confidential arbitration by a single arbitrator in Montgomery County in the state of Ohio. 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.

8.2 Notwithstanding the foregoing, if you violate or threaten to violate Spyglass Tours, LLC’s intellectual property rights, Spyglass Tours, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts.

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

9. Responsibility

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

10. Policies and Changes

10.1 Please review other policies, such as the Privacy Policy, posted on this Website. These policies govern your visit to www.SpyglassTours.com and www.OktoberfestPackages.com" www.OktoberfestPackages.com. Spyglass Tours, LLC reserves the right to make changes to its and its affiliates’ websites, 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.

11. Contact Information

11. If you have trouble with our online reservation form, please contact us using the information below:

Telephone: (937) 530-3002

Email: Oktoberfest@Spyglass.Tours