Terms And Conditions
Welcome to Fairy Tales Tours (or, “FTY”) and our Terms and Conditions. These terms and conditions are important and affect your legal rights, so please read them carefully. Note that our terms and conditions contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By (a) accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by or on behalf of Fairy Tale Tours or our subsidiaries or other affiliates (collectively, “FTT,” “we,” “us” or “our”) that link to these terms and conditions or (b) ordering, receiving or using any sightseeing tour bus or bus ride, boat cruise or tour, bike rental or bike tour (hereinafter referred to as “Services”) offered by FTT through the Sites, street ticket sellers or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel (collectively, "Third Party Channels") ((a) and (b) together, the "Products"), you agree to be bound by these Terms and all of the terms incorporated herein by reference, including our privacy policy. If you do not agree to these terms and conditions, you may not access or use the Sites, order, receive or use the Products.
These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, Services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms and conditions.
Fairy Tale Tours reserves the right to change or modify these terms and conditions at any time and in our sole discretion. If we make changes to these terms and conditions, we will provide notice through the Sites or updating the “Revision Date” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised terms and conditions and all of the terms incorporated therein by reference. We encourage you to review the terms and conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised terms and conditions, you may not access or use the Sites or order, receive or use the Products.
LIABILITY AND WARRANTIES DISCLAIMER
By accessing or using the websites and mobile applications provided by or on behalf of FTT or our subsidiaries or other affiliates or ordering, receiving or using any Services offered by Fairy Tale Tours through the Sites, street ticket sellers or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel, I hereby agree to the following:
In consideration of the risk of physical injury, pain, property damage, direct or consequential loss, any other damage, delay, inconvenience, however caused, and any other dangers associated with the participation in a sightseeing tour bus or bus ride, boat cruise or tour, bike rental or bike tour known as the Services operated by the company or any of its affiliates or other third parties, I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives, release, waive and discharge FTT, and any of Fairy Tale Tours directors, officers, employees, representatives, and agents from any liability and warranties for and from any and all claims including but not limited to negligence, physical injury, property damage, accidents, illnesses, pain, regardless of severity.
I hereby assert that my participation is voluntary and that I knowingly assume all risks associated with the aforementioned Service, and I waive any and all rights, claims, or causes of action arising out of my participation in the Service.
I agree to indemnify and hold harmless FTT for any and all claims, suits or actions of any kind that would be associated with me or anyone on my behalf, including but not limited to legal fees and any related costs that may arise from such actions.
I agree that any dispute, controversy or claim arising out of or in regards to this liability and warranties disclaimer shall be settled by binding arbitration in accordance with the laws of West Virginia State, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitration process including but not limited to payments, administration and fees will be conducted under the AAA regulations and rules.
You and Fairy Tale Tours agree that any dispute arising out of or related to these terms and conditions or the Services offered by FTT is personal to you and FTT and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and FTT agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Fairy Tale Tours agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
I HAVE READ THIS LIABILITY AND WARRANTIES DISCLAIMER, I ACKNOWLEDGED THAT I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS, AND HAVE AGREED TO THE TERMS AND CONDITIONS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO THESE TERMS AND CONDITIONS TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
TICKETS
You will receive a email with your ticket if purchased online. If your ticket was purchased through the mail we will have record of your purchase
The Customer may not use any FTT service without a valid ticket for the entire journey the Customer wishes to make. Customers found traveling without a valid ticket will be charged the full ticket price for a replacement ticket.
All sales are final. There are No Refunds on any used or unused services. There are No Refunds or Exchanges for Lost or Stolen Tickets. On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, Fairy Tale Tours reserves the right to change or terminate any scheduled tour and assumes no responsibility for delays. Please see our refund policy for further details
NO RESALE
You are not permitted to resell or otherwise use the Products for commercial purposes.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless FTT, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Fair Tale Tours ”), from and against all actual or alleged FTT or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content, Products, or Services by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these terms and conditions, and (e) your violation of the rights of another. You agree to promptly notify Fairy Tale Tours of any third party Claims, cooperate with the FTT in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the FTT shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fairy Tale Tours .
TOUR OPERATION
FTT assumes no responsibility for delays in tour operations.
We do not provide refunds for a tour's non-departure and the only remedy available to the customer in non-departure tour cases is to use the next available departure for the respective tour.
On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, Fairy Tale Tours reserves the right to change or terminate any scheduled tour. Your ticket will be valid for one year to use on another tour at your ticket price minus any pre purchase tickets or room fees associated with your ticket price
All vessels are subject to change without prior notice at Fairy Tale Tours sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
This also includes any hotel / resort changes due to cancelations or any other unforeseen circumstances.
DEPARTURE POINTS AND TIMES
FTT endeavors to provide departure points and times for the service that are as accurate as possible. However, we reserve the right to vary such departure points and times without prior notice at any time, as circumstances require.
TOUR ROUTE
Fairy Tale Tours reserves the right to deviate from the route of a service where reasonably prudent to do so in the light of circumstances beyond our control.
COVID-19
The safety of our customers and staff is our highest priority. To protect you and others, we request that all passengers on-board meet all safety measures required by FTT. By purchasing our tickets, you confirm the following conditions:
You have not been tested positive for or experienced any symptoms of COVID-19 in the past 14 days
You have not been knowingly in contact with anyone who has tested positive for COVID-19 or has or had symptoms of COVID-19
You agree that you must contact Fairy Tale Tours as soon as any status change occurs prior to or during the use of our services.
REFUNDS
30 days before event 100% of ticket cost minus the applicable fee , under 30 days no refund will be given. Any prepaid purchases such as hotel rooms, event tickets ect....by Fairy Tale Tours will not be refunded . Due to processing time we cannot guarantee how fast you get your refund , we reserve 30 days for refund process
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Day Trips.
Cancelation fee 30 DAYS BEFORE your tour departs, you will incur a fee as follows:
Tour value Under $100…………………..$25* per person fee
Tour value $101-$200…………………..$40* per person fee
Tour value $201 and up………………..$50* per person fee
*The fees listed above are IN ADDITION to any monies that may have been advanced on your behalf. Show and event tickets are non-refundable and the property of FTT.
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Multi-Day Trips
Cancelation fee 30 DAYS BEFORE your tour departs, you will incur a fee as follows:
Tour value under $500 ………………..$125* per person fee
Tour value $501-$1000 …………………$175* per person fee
Tour value $1001-$1500 …………………$225* per person fee
Tour value $1501 and up ………………..$275* per person fee
*The fees listed above are IN ADDITION to any monies that may have been advanced on your behalf and do not cover a tour cost increase due to roommate cancellations. If your roommate cancels and you choose to travel on the trip, you would have to pay the increased cost to a single (from a double) or a double (from a triple).
Note: Policies may vary by tour, please contact your Travel Advisor or review your reservation confirmation.
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Cruise & Fly Vacations
Policies vary by tour, please contact your Travel Advisor.
Any refund is subject to any refund fees and or any pre purchase tickets, rooms or any other pre purchased fees
All sales are final. There are No Refunds on any used or unused services. There are No Refunds or Exchanges for Lost or Stolen Tickets. A refund or exchange will not be issued due to a disruption or inability to attend, complete or enjoy the service provided by Fairy Tale Tours or its partners.
FTT reserves the right to reschedule tours due to unforeseen events. If rescheduled event does not work for you a credit for a up coming trip will be issued , valid for one year from issue date
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We are not responsible for changes in policies from third party vendors
Flights cannot be booked more than six 6 months out . We are not responsible pricing and itineraries of flights we did not book.
Additionally, refunds will not be given for:
Bad weather, if the bus or vessel is operating
Bus or vessel temperature (too hot/too cold)
Complaints relating to any attractions, tours, or activities provided by partners that are included in packages
Any schedule change or closure of any attractions, tours, or activities provided by partners that are included in package
Last-minute trip cancelations due to unforseen circumstances
A Customer may receive a refund if:
A customer’s credit card was charged more than once for the same transaction
All refund requests must be made in writing within the perspective time frame for your refund percentage in emailed to fairytaletours22@gmail.com
Making a refund requests does not guarantee a refund. Where a refund may be given,FTT reserves the right to offer a partial refund. FTT may charge a 15% administrative fee for each refund.
EVENT RESCHEDULING
Any purchased event which departs at a specific date and time must be used on the specific date and time only. If you want to reschedule the purchased event, Fairy Tale Tours may, at its own discretion, charge a rescheduling fee of up to 50% of the total order amount.
All rescheduling requests must be made in writing at least 30 days prior to the original scheduled date, The approval process of rescheduling requests may take up to 14 business days.
Making a rescheduling request does not guarantee the approval of the rescheduling. FTT at its own discretion, may deny rescheduling requests. Any rescheduling requests of any and all holiday related events will be denied.
ACCIDENT OR LOSS
Customers are responsible to guard and take care of all personal property. Fairy Tale Tours is not responsible for lost, stolen, or missing items.
FTT does not assume any responsibility or liability for any damage, injury, loss, inconvenience, traffic conditions, access to sites, delays, additional costs incurred, or any other conditions for any reason pertaining to Fairy Tale Tours Services.
FTT is not liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused.
GENERAL
Fairy Tale Tours reserves the right to cancel, change, or substitute any or all offers and/or prices and/or services and/or equipment without prior notice at any time.
CUSTOMER CONDUCT
FTT may at its discretion require any Customer to leave a tour if Fairy Tale Tours deems their conduct a risk to his/her safety or to the safety of other Customers, or offensive or a nuisance to other Customers.
FEES
By purchasing on this Website I hereby acknowledge and accept that different fees may be applied, collected and used at the company’s sole discretion.
The Company reserves the right, at its sole discretion, to add, remove, change, modify, increase or decrease any fees at any time without prior notice to any product sold.
EVENTS
All bus tours and cruises depart regardless of weather conditions.
FTT assumes no responsibility for any seasonal views including foliage views, any fireworks, or special effect cancellations. Tickets are non-refundable.
On rare occasions due to security, unforeseen acts of nature or / and other conditions beyond FTT's control, We reserves the right to change or terminate any scheduled events.
Event vehicles / vessels and routes are subject to change without prior notice at FTT's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
PRIVACY POLICY
Fairy Tale Tours (“we” or “us” or “our”) respects the privacy of our Customers (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.fairytaletours22.com including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Revised” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data: Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to interact with the Site. You are under no obligation to provide us with personal information of any kind. However, your refusal to do so may prevent you from using certain features of the Site.
Derivative Data: Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Financial Data: Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, stripe.com , and you are encouraged to review their privacy policy and contact them directly for responses to any questions you may have about their privacy policy.
Data From Contests, Giveaways, and Surveys: Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
Send you a newsletter
Administer sweepstakes, promotions, and contests
Compile anonymous statistical data and analysis for use internally or with third-parties
Deliver targeted advertising, coupons, newsletters, and promotions, and other information regarding our website and mobile application to you
Email you regarding your account or order
Fulfill and manage purchases, orders, payments, and other transactions related to the Site
Increase the efficiency and operation of the Site
Monitor and analyze usage and trends to improve your experience with the Site
Notify you of updates to the Site
Offer new products, services, and/or recommendations to you
Perform other business activities as needed
Process payments and refunds
Request feedback and contact you about your use of the Site
Respond to product and customer service requests
Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third-parties for marketing purposes, as permitted by law.
Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
Other Third-Parties: We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third-parties for marketing purposes, as permitted by law.
Sale or Bankruptcy: If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third-party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third-parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third-parties, you are responsible for contacting the third-party directly.
MEDIA RELEASE
We may conduct photoshoots and videoshoots on any tours, cruises, and events. By purchasing tickets from FTT, you agree to grant Fairy Tale Tours the permission to use your image, voice, video and/or appearance as such may be embodied in a photograph, video, or other digital or printed media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. All photos will become the property of FTT, and we have full rights to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. Additionally, you agree to waive any right to royalties or other compensation arising or related to the use of the Photo. You also release FTT or any of its employees, managers, directors, agents, assignees, from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
CONTACT US
If you have questions or comments about Fairy Tale Tours Privacy Policy, please contact us. You can visit our contact page via