• Client requests Da Vine Wine Tours to provide a private driver to drive Client’s automobile as requested by Client and so authorizes such private driver.
• Client believes its automobile is in good, safe condition and Client has no knowledge of any condition to the contrary.
• Client certifies that it carries automobile insurance providing minimum liability limits of $100,000 bodily injury each person / $300,000 each accident, $50,000 property damage, collision and comprehensive coverage, that there are no driver restrictions in the policies, and that such policies are in full force and effect.
• Client will advise Da Vine Wine Tours of any change in the condition of its vehicle or insurance coverage.
• Client understands that its vehicle insurance is primary, with respect to any insurance Da Vine Wine Tours may carry, for liability, collision and comprehensive coverage and that Da Vine Wine Tours responsibility is limited to the amount of Client’s deductible or $250 (whichever is less) for physical damage to its vehicle resulting from the negligence of the private driver.
• If Client provides a rental vehicle, the following additional terms apply.
• Client authorizes the car rental company to provide all necessary information concerning Client’s car rental reservation to Da Vine Wine Tours.
• Client understands the rental car agreement will be in Client’s name.
• If Client, at any time during the rental, becomes aware the rental vehicle is in an unsafe condition, Client will contact the car rental company for assistance and, if needed, have the rental vehicle exchanged.
• Regardless of any liability protection the car rental company may provide to Client as part of the rental, Client understands it is Client’s responsibility to provide non-owned / hired automobile insurance with minimum liability limits of $100,000 bodily injury each person / $300,000 each accident, $50,000 property damage, collision and comprehensive coverage for the benefit of Da Vine Wine Tours. Client agrees that as between Client and Da Vine Wine Tours, Client’s insurance will be deemed primary.
• If any action or proceeding is brought by either party against the other pertaining to or arising out of this contract, the prevailing party shall be entitled to recover all costs and expenses including reasonable attorneys’ fees incurred on account of such action or proceeding.
• Client HEREBY RELEASES, AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Da Vine Wine Tours from any and all claims, demands, suits, liabilities, expenses, costs, judgments, injuries (including death) or other losses or damages which arise from or relate to Da Vine Wine Tours. Client certifies the representations made by it are true.
• This contract shall be governed by and construed in accordance with the laws of the State of California. If any provision of the contract shall be found to be invalid in any respect, the validity of the remaining provisions shall not be impaired in any way. The parties agree that the proper venue and jurisdiction for determination of any action brought in respect to this contract is the Superior Court of California, County of Sonoma.
• The Parties declare and represent that no oral or written promises or contracts not herein expressed have been made by or to them with regard to the subject matter of this contract, that this contract contains the entire contract, oral and written, between the Parties with regard to the subject of the contract; and that this contract supersedes and replaces all prior negotiations, proposed contract and contracts, whether oral or written, between the Parties with regard to the subject matter of this contract. This contract may not be amended in any respect except by a writing duly executed by authorized representatives of each of the Parties.
• This contract shall be binding upon and insure to the benefit of the Parties, their respective successors, heirs, devisees, executors, affiliates, representatives, assigns, officers, directors, agents, and employees wherever the context requires or permits.
• Client has carefully read the terms of this contract including its Release of Claims and Hold Harmless provisions. Client certifies the representations made by it are true. Client also certifies that Client understands the contract and has no questions about the meaning of the contract or any of its provisions.
• If unforeseen circumstances (sickness, family emergency, etc) require Da Vine Wine Tours to cancel your reservation, we will refund your security deposit and do everything we can to find you another reputable driver / wine tour guide at the same price.
• Client agrees there will be no alcohol, open container or illegal substances inside the vehicle at anytime. This will be grounds for immediate termination of services.
If ordinary limousine and bus tours of California’s wine country don’t appeal to you, Da Vine Wine Tours offers a great alternative.
Our “Designated Driver Service” lets you see and experience the area like a local — all from the comfort and convenience of your own car.