Terms and Conditions
Below are the Terms and Conditions for participation in all Yellow Rose Tours, LLC, tours. By reserving or taking a tour with Yellow Rose Tours, LLC, you agree to be bound by these Terms and Conditions and agree to carefully read all pre-program communications.
I. TERMINOLOGY
Any references below to “us” or “we” or “our” or “YRT” refer to Yellow Rose Tours, LLC. Any references to “you” or “your” or “they” or “Traveler” refer to the person booking a seat on or taking one of our tours. Any references below to “trip” or “tour” refers to a YRT tour, which could be either a one-day or multiday tour.
II. SERVICE PROVIDERS AND/OR SUPPLIERS
YRT may contract with independent companies and entities for services, including but not limited to transportation companies, hotels, food and beverage suppliers, restaurants, and venues, collectively identified herein as “Suppliers”. Suppliers are solely responsible for providing their respective services and YRT is not responsible nor liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury, illness, emotional distress, death, loss to property, or any other problem occasioned by or through the conduct or negligence of Suppliers.
III. TOUR PRICING AND INCLUDED SERVICES
TOUR PRICES:
All tour prices are shown in U.S. dollars.
Prices shown are per person.
For tours lasting longer than a single day (multiday tours), stated prices include double-occupancy hotel rooms. If you would like a single-occupancy hotel room, you may request one and we will do our utmost to arrange that (although we cannot guarantee it). If we can arrange for a single-person room, a single-supplement cost may be added to the cost of your reservation on the trip.
Prices, descriptions, and tour dates are listed on YRT website.
INCLUDED IN TOURS:
Each tour includes transportation, lodging, guides, scheduled meals, admission to sites, scheduled lectures, and other items as explicitly specified in the tour description.
NOT INCLUDED IN TOURS:
Any meals not listed on the tour itinerary, any personal expenses, room service, phone calls, or anything else not explicitly specified and stated in the tour description are expressly not included in the tour price and therefore are solely the responsibility of the Traveler. While highly recommended for all Travelers, travel insurance is not included in the cost of the trip and must be purchased independently by the individual Traveler.
IV. REGISTRATION, DEPOSITS, PAYMENTS
REGISTRATION:
Registration for tours must be made on the YRT website by filling out the online form for the particular trip that you wish to take.
By registering with YRT, you consent to YRT providing your name and personal information as needed to Suppliers (such as hotels) in order to make reservations on your behalf. You also consent to receive emails and communications from YRT about your registered tour and future available tours.
If you wish to be removed from our email list, you may do so by sending a removal request to yellowrosetours@gmail.com.
DEPOSITS AND PAYMENTS:
The purpose of taking deposits and payments is to guarantee and secure the Traveler their place on a tour. In turn, YRT makes commitments, financial obligations, and contractual agreements with Suppliers (including, but not limited to, hotels, transportation companies, and admission tickets for sites) on the Traveler's behalf.
For single-day tours, payment for the full price of the trip is required in order to register and reserve a spot on the tour.
For multiday tours, a deposit of $500 per person is required in order to reserve a seat on a specified tour. Upon receipt, that deposit holds a single space for the Traveler for the trip until the rest of the payment for the reservation is due. The full payment for the entire cost of a Traveler’s reservation must be received by YRT at least 90 days before the departure date of the trip. If you have not paid your balance in full by 90 days before the trip departure date, YRT has the right to cancel your reservation and make that seat available to another Traveler.
The state of Texas requires that 8.25% sales tax be added to the tour price.
Payments may be made online at the YRT website. Credit cards are accepted, but a 3.5% service fee will be added to the tour price in order to cover the additional fees charged by banks for processing credit card transactions.
YRT will acknowledge the receipt of deposits and payments via email, usually within 48 hours of receipt. Any change to the payment policy will be communicated to the Traveler by YRT via email. We do our best to work with Travelers with payment schedules but it is the responsibility of the Traveler to contact YRT before payments are due to make payment arrangements.
V. REPRESENTATION OF HEALTH AND SAFETY, AND RIGHT TO TERMINATE
YRT wants every Traveler to have a safe, enjoyable, and rewarding tour experience. By booking a reservation on a YRT tour, you represent and certify that you have carefully read the details of the tour itinerary and that the tour itinerary is appropriate for your physical abilities, that you do not have any impairment or disability that might present a safety risk to yourself or others during the tour, that you have consulted with your personal physician as appropriate, and that you will immediately advise YRT staff at any point if you are or become unable to continue safely with the tour. If your circumstances change between the date that you book your reservation and the departure date of your tour, you must inform YRT as soon as possible.
YRT reserves the right to cancel, terminate, discontinue, or modify your reservation on a tour if – in the sole judgment of YRT staff – you cannot meet the safety and health requirements that are necessary for the safe operation of that tour, or if -- in the sole judgment of YRT staff -- you fail to obey signage, instructions, protocols, rules, or requirements at any time before or during a YRT tour. YRT further reserves the right to immediately terminate the reservation of any Traveler if that Traveler – in the sole judgment of YRT staff – is disruptive or otherwise adversely affects the experience of other Travelers on the tour, without any refund or compensation to the Traveler. YRT further reserves the right to make changes to any tour itinerary as deemed appropriate by YRT staff for reasons of safety, security, comfort, or convenience, without liability or notice.
YRT makes the health, safety, and welfare of all our Travelers our utmost concern, but we cannot control for all conditions at all times. By taking a YRT tour, you agree to assume responsibility for your own health, safety, and welfare, and acknowledge that YRT cannot guarantee your health and safety.
VI. TRAVEL INSURANCE
Travel insurance is strongly recommended for all Travelers and is available through multiple independent travel insurance providers. YRT does not endorse nor partner with any travel insurance provider, but does strongly encourage and recommend that you purchase a travel insurance policy for your YRT tour. Travel insurance typically provides coverage for trip cancellation, trip interruption, baggage protection, travel accidents and delay, and often emergency services. If you do not purchase travel insurance, you are fully and solely responsible for any unexpected or unforeseen costs and/or expenses that arise during your travel.
Please carefully read the terms, conditions, and coverages of any travel insurance policy you may purchase. YRT assumes no responsibility for claims decisions made by your travel insurance provider.
VII. CANCELLATIONS AND REFUNDS
IF YOU CANCEL:
Notification by email (yellowrosetours@gmail.com) is required for Travelers who wish to cancel their tour reservation. The date of cancellation will be the date that YRT receives your communication. The cancellation will be confirmed by YRT by return email.
For tours lasting a single day (one-day tours), you will receive a full refund if you cancel before seven calendar days prior to the date of the reserved tour and YRT is then able to fill your tour spot successfully with another Traveler. If you cancel within seven calendar days of the date of the reserved tour, YRT will be unable to fill your spot and therefore unable to provide a refund.
For multiday tours, Travelers who cancel their reservation before 90 days prior to the departure date for the reserved trip will receive a full refund. If you cancel your reservation anywhere between 89-31 days prior to the departure date for the reserved trip and YRT is able to fill your spot on the tour with another Traveler, YRT will then issue you a full refund for your deposit and any payments you have made toward the cost of the trip.
For cancellations that require YRT to successfully fill your tour spot, YRT will make every reasonable attempt to fill your spot on the tour with another Traveler. If we are successful based on the timelines described above, you will receive a full refund. If, however, YRT is unable to fill your reserved tour spot with another Traveler, YRT will not be able to provide a refund. This is because YRT makes advance deposits, financial commitments, and contractual obligations to Suppliers (including, but not limited to, charter bus companies, hotels for lodging, caterers for meals) in order to reserve the services of these Suppliers to make the tour possible. In other words, YRT makes binding financial and contractual obligations on behalf of each Traveler long before the departure date of tours based on the reservations made by each Traveler.
All refunds will be issued as check payments mailed to your previously provided mailing address. Because credit card companies charge a service fee on any credit card transactions, we will not be able to issue refunds via credit cards even if that was the method you used to make your deposit and/or any other completed payments.
If your reservation is cancelled due to failure to pay the full tour cost by the payment deadline, you will be issued a full refund via check mailed to your previously provided mailing address.
IF YRT CANCELS OR RESCHEDULES A TOUR:
YRT will make every reasonable effort to operate our tours as advertised. However, YRT reserves the right to cancel, terminate, discontinue, reschedule, change the itinerary for, or postpone a tour for any reason (such as low enrollment for a particular tour). If a cancellation occurs, Travelers will immediately be notified and all payments and deposits will be promptly refunded, with the exception of force majeure circumstances detailed below.
FORCE MAJEURE:
YRT will not be responsible or held liable for any loss or damage due to delay, cancellation, or disruption in any manner caused by any of the following causes, to the extent beyond our reasonable control: acts of God, accidents, riots, wars, hostilities, blockages, revolutions, insurrections, terrorist acts, epidemics or pandemics (including but not limited to COVID-19), quarantines, civil commotions, breakdown of communication facilities, mechanical failures, failures of means of transportation, the failure of any transportation mechanism to arrive or depart on time, natural catastrophes, governmental acts or omissions, changes in laws or regulations, labor strikes, fires, explosions, sabotage, or any other cause beyond the direct control of YRT.
In the event a tour is cancelled or postponed due to circumstances as explained above, YRT will make a reasonable effort to recover and refund as many of the deposits and payments made for the tour as possible. However, no guarantee is made by YRT for a partial or full refund under such circumstances.
VIII. ACCURACY OF INFORMATION
General descriptions of YRT tours are available on our website and descriptions and tour information are communicated via email and advertising. While all the information on the YRT website, in our emails, and in all other communications is, to the best of our knowledge, up-to-date and correct, YRT is not responsible for typographical errors, inaccuracies, or omissions that may relate to tour descriptions, pricing, availability, or any other information. YRT reserves the right to correct any errors, inaccuracies, or omissions that may appear on our website, in our publications (in print and online), in our advertising, or in any other communications, and to change or update information at any time without prior notice. If you discover an error on our website or in our communications, please let YRT know.
IX. CHANGES TO TOUR ITINERARIES
YRT makes every reasonable effort to operate our tours as advertised. However, YRT reserves the right to change, update, or otherwise amend the itinerary for any tour in whatever way deemed necessary in the judgment of YRT. In the unusual event that a service, accommodation, or activity described in the tour itinerary cannot be provided, YRT will make every reasonable effort to provide a substitute service, accommodation, or activity. YRT, however, will not be liable or financially responsible if it cannot provide a substitute service, accommodation, or activity.
X. TRAVELER REQUIREMENTS AND RESPONSIBILITIES
AGE RESTRICTION:
We welcome Travelers over 25 years of age.
ACTIVITY LEVEL:
In general, our tours are for healthy active adults. The tours are not suited for those with mobility issues or people who cannot sit for long periods on a chartered bus. You are advised to read carefully the details of your selected trip itinerary before booking a trip in order to understand the activity level and requirements. Neither YRT staff nor our Suppliers may physically assist Travelers who need or may need assistance during a trip or tour.
BAGGAGE, LUGGAGE, AND PERSONAL POSSESSIONS:
Travelers will be entirely and solely responsible for their own baggage, luggage, and personal possessions. YRT is not responsible for, does not assume liability for, nor accepts any claims for loss or damage to baggage, luggage, and/or personal possessions for any reason, including but not limited to breakage, theft, or wear and tear by the Traveler, YRT staff or its Suppliers, or third parties. It is highly recommended that you arrange for adequate insurance to cover these eventualities.
ALLERGIES AND SPECIAL DIETARY REQUESTS:
On any YRT tour, meals are prepared by Suppliers based on the availability of food and ingredients at each location. Please be aware that specific meal requests may not be available at any given location. Further, please be advised that all food and beverages on YRT tours are provided by Suppliers, rather than YRT, and therefore are beyond our oversight and control. YRT makes every reasonable effort to communicate special dietary requests to our food and beverage Suppliers, but you are responsible for deciding whether any particular food or beverage offering meets your needs and/or requirements. YRT cannot guarantee that any food or beverage offering is completely free of allergens.
ETIQUETTE:
For the enjoyment of all our guests on tour we ask those who choose to travel with YRT be friendly, congenial, and take small issues in stride. Should you have any issues during a YRT tour, please address them to your tour leader.
RESPONSIBILITY TO BE ON TIME / EARLY DEPARTURES:
It is the sole responsibility of the Traveler to arrive on time for departing buses, activities, meals, and all other events on the tour itinerary. YRT shall not be liable for Travelers who fail to arrive on time for any given tour activity, including when the tour bus departs from one location to another. Furthermore, if a Traveler arrives late or departs early from a tour, the Traveler assumes all responsibility for any costs incurred (such as in catching up to a tour already in progress, or costs incurred in early departure from a tour in progress). No refunds will be issued to Travelers who fail to arrive on time for any part of the tour or to Travelers who depart a tour early. This policy on early departures also applies to Travelers whose spot on a tour is terminated by YRT staff during a tour in progress under Section V of these Terms and Conditions.
IMAGES AND MARKETING:
YRT may take photos and video while on tours. Travelers may take photos and video while on tours and share them with YRT and other Travelers. Images of Travelers may be included in these photos or video. Unless expressly prohibited by Travelers, these photos may be shared with other Travelers. YRT may place these photos on social media, promotional materials, or on the YRT website. Travelers are not due compensation, royalties or any other benefits from YRT in respect to the use or distribution of images or videos.
UNRESOLVED DISPUTES:
During a tour, Travelers must direct concerns or complaints to the tour leader while the tour is in progress. Travelers agree to present unresolved disputes or claims against YRT within 60 days after the completion of a tour. Both parties shall then have up to 30 days after the presentation of the unresolved dispute or claim to resolve such issues without intervention by outside parties. If the dispute persists past that time period, the Traveler agrees that any outstanding claims or disputes will be resolved by binding mediation before a mutually agreed-upon mediator in Denton, Texas, or Dallas, Texas. The costs of mediation shall be shared equally by the parties. If mediation is unsuccessful, any unresolved dispute shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted by a single arbitrator mutually selected by the parties, or, if they cannot agree, appointed by the American Arbitration Association. The arbitration shall take place in Denton, Texas, or Dallas, Texas, unless otherwise agreed by the parties. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties, unless the arbitrator determines otherwise. The arbitration shall be governed by the laws of the State of Texas and the arbitrator shall have the final authority to resolve any such dispute and shall have the power to award any remedy that could be awarded by a court of law. This dispute resolution provision shall survive the termination or expiration of these Terms and Conditions.
XI. LIMITATION OF LIABILITY AND INDEMNIFICATION
To the maximum extent permitted by applicable law, YRT’s total liability for any claims, losses, damages, or expenses arising out of or related to these Terms and Conditions or the Tours shall not exceed the total amount paid by the Traveler for the tour giving rise to the claim. In no event shall YRT be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data, or loss of goodwill, or the cost of substitute products or services arising out of or in connection with these Terms and Conditions or the Tours. These limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, even if YRT has been advised of the possibility of such damages.
The Traveler agrees to indemnify, defend, and hold harmless YRT, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or related to the Traveler’s violation of (a) these Terms and Conditions, (b) any rights of a third party, including Suppliers, (c) any applicable laws, rules, or regulations.
XII. MODIFICATIONS TO TERMS AND CONDITIONS
YRT reserves the right to update, change, modify, or revise these Terms and Conditions at any time without prior notice. Any deviations or amendments to these Terms and Conditions must be confirmed in writing by YRT in order to be valid. The most current version of these Terms and Conditions will be available on the YRT website and Travelers are encouraged to review them periodically.
XIII. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between YRT and the Traveler and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
By booking a tour with Yellow Rose Tours, LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.