Terms and Conditions:
We welcome you to gatecitytours.com (the “Site”)! Please read the following Terms and Conditions (the “Agreement”) carefully before using the Site and prior to being admitted to a Walking Tour Experience (the “Tour”). The following Agreement governs your use of the Site and the Tour. By accessing and using the Site and/or by attending a Tour, you signify and acknowledge your acceptance of this Agreement and our Privacy Policy. Please read these documents carefully.
Your acceptance of this Agreement provides you with an opportunity to purchase tickets for one of our Tours. This opportunity is freely revocable at any time, for any reason whatsoever, and with or without notice, by Gate City Tours, LLC (the “Company”) as described more fully below. If you do not agree and consent to this Agreement, please do not use the Site nor attend a Tour.
Refund Policy:
Full refunds may be requested until 72 hours prior to a walking tour. Between 72 and 24 hours prior to the scheduled Tour, we will offer credit towards a rescheduled tour date and time up to one year after the original Tour date and time. Cancellations less than 24 hours prior to the Tour are considered no-shows and will not be refunded.
Weather:
Walks are held rain or shine, but may be cancelled for severe weather or when APS public schools are closed. In the event of a Company cancellation or APS public school closure, full refunds or rescheduled tickets will be offered.
Tour Scheduling:
While the Company makes every effort to provide on-time service, it does not guarantee its beginning and ending times, which may be delayed by any number of factors, including: weather, traffic or road conditions, mechanical problems or any other cause or condition beyond the Company’s control. The Company reserves the right to cancel or change any Tour, advertised schedule, and/or or route without notice.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies.
Photographs / Video & Audio Recording / Note Taking:
Please be considerate of others on the Tour as well as those on the street you may be photographing. Without the Company’s express written permission, the Company does not permit video or audio taping of any kind. The Company strongly discourages note taking.
Cell Phones:
The Company requests that Tour participants put cell phone ringers on vibrate/silent for the duration of the Tours.
Wheelchair Access:
Most Tours are wheelchair accessible; however, the Company does not provide wheelchairs for Tour participants and cannot guarantee that all curbs will have ADA compliant ramps.
Bathrooms:
We do not stop for bathroom breaks during our Tours, but most of our Tours do begin or end near public bathrooms or restaurants in which there are bathrooms.
Tipping:
A 15%-20% tip is customary in the tourism industry. Tips are always appreciated, but never expected.
Medical and Health Concerns:
It is critical that Tour participants with medical and/or health concerns notify the Company of their condition. Tour guides reserve the right to disqualify anyone at any time during the Tour if they feel the Tour participant is incapable and/or if a Tour participant’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances.
Transactions and e-commerce on the Site:
During your visit to the Site, you may elect to engage in a transaction involving the purchase of a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third-party processing agent, bank, or distribution institution. Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. Most transactions are completed without difficulty. However, “foolproof security” on the Internet or offline does not exist. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties and under no circumstances will the Company or the Site be liable for any goods, services, resources, or content available through third-party dealings or communications, or for any harm related thereto.
Participant Waiver and Release of Liability:
Tour participants understand that they are taking a Tour via the Company through neighborhoods located in the City of Atlanta and release the Company and all its employees and/or tour guides from any fault due to any injuries, accidents, or anything unforeseen that could arise during the Tour.
Tour participants hereby admitted to a Tour are for lawful purposes only. The terms and conditions set forth in this Agreement shall be perpetual and shall govern the participants’ admittance at all times. The foregoing notwithstanding, Tour participants’ admittance onto a Tour may be denied or revoked at any time for any reason, including, but not exclusive of disobeying set rules or the Terms and Conditions, abusive activity, or unsafe conditions and acknowledge and agree that except as expressly set forth herein, execution of this Agreement shall in no way provide or transfer any rights to Tour participants with respect to the Company or otherwise. If Tour participants witness disorderly conduct or suspect a problem with a fellow participant, please immediately notify the tour guide.
The Company and its affiliated entities and its employees, shareholders, officers, directors, successors, agents, and assigns, neither own nor operate any person or entity which is to, or does, provide goods or services for these Tours. Because the Company does not maintain any control over the personnel, equipment, or operations of these suppliers, the Company assumes no responsibility for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful, or unauthorized acts or omissions on the part of any of the tour suppliers, or other employees or agents, (2) any wrongful, willful, or negligent act or omissions on any part of any other party not under the supervision or control of the Company.
Infringement Complaints:
The Company and the Site respect the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed below and/or under the heading “Contact Us.” We shall take immediate steps to investigate the complaint.
Intellectual Property:
You may not, without the prior, written approval of the Company: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Governance:
This Agreement shall be governed by the laws of the State of Georgia. If any provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement supersedes all prior agreements and understandings relating to the Company and the subject matter hereof.
Indemnity:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, SHAREHOLDERS, AGENTS, CONTENT PROVIDERS AND LICENSORS (THE “PARTIES”), BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR ALL INTENTS AND PURPOSES, YOU HEREBY EXPRESSLY ASSUMES ALL RISK OF HARM, DAMAGE, DESTRUCTION, INJURY OR LOSS TO THE UNDERSIGNED’S PERSON AND PERSONAL PROPERTY AND ALL RISK OF HARM, DAMAGE, DESTRUCTION, INJURY OR LOSS TO PERSONS OR PROPERTY ON THE TOUR ARISING FROM THE ACTIVITIES CONDUCTED AT OR ON THE TOUR, AND YOUR CONDUCT AND OF ANY OTHER PERSON IN, AT, OR ON THE TOUR, INCLUDING ANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY THE TOUR PARTICIPANT OR ANY OTHER PERSON IN OR ABOUT THE TOUR (INCLUDING ANY ACT OF GOD, RIOT, THE GOVERNMENT OR OTHERWISE), AND YOU HEREBY WAIVE ALL CLAIMS AGAINST THE INDEMNIFIED PARTIES FOR ANY AND ALL HARM, DAMAGE, DESTRUCTION, INJURY OR LOSS TO ANY PERSON (INCLUDING THE UNDERSIGNED) AND ANY PERSONAL PROPERTY OF ANY PERSON IN, UPON OR ABOUT THE PROPERTY AND FOR INJURY TO THE UNDERSIGNED, ITS AGENTS, EMPLOYEES, INVITEES, OR THIRD PERSONS IN OR ABOUT THE TOUR FROM ANY CAUSE ARISING AT ANY TIME WHATSOEVER.
IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
