*Tours by Stella Terms of Sale*
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These Terms of Sale apply to the purchase and sale of tour bookings and any other products and services by you (or by another on your behalf) from Stella Koret or Tours by Stella, LLC or its affiliates (referred to herein as “Stella Koret”, “us”, “we”, or “our” as the context may require) whether the Item was purchased by telephone, in person, or through a website or a mobile application. Purchases of Items from Tours by Stella, LLC or Stella Koret, whether an On-Site Purchase or a purchase using Online Services, are referred to herein as a “Purchase” or “Purchases”. These Terms are subject to change by Stella Koret or Tours by Stella, LLC without prior notice at any time, in our sole discretion.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY LAW.
BY MAKING A PURCHASE OF AN ITEM FROM Tours by Stella, LLC. or Stella Koret, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.
Tours by Stella, LLC has a 48-hour cancellation policy, meaning:
Booked tours will not be refunded unless you contact Stella Koret or Tours by Stella, LLC at (845) 216.9529 at least forty-eight (48) hours or (2-days) BEFORE the start time of your booked tour.
If, within forty-eight (48) hours or (2-days) before the start time of your booked tour, there occurs an event which prohibits you from participating in your booked tour, Stella Koret or Tours by Stella, LLC, in its discretion, has the right to retain your payment(s).
In the event of severe weather, road closures or other unsafe or unforeseeable conditions, Stella Koret or Tours by Stella, LLC may alter, modify or cancel any tour. Any tour cancelled by Stella Koret or Tours by Stella, LLC due to severe weather, unsafe conditions, road closures or other unforeseen circumstances may be refunded, or rescheduled.
*Modification of these Terms of Sale*
We may revise these Terms from time to time, and you should review these Terms to which you are bound at the time of placement of an Order.
You agree that your Order is an offer to buy, under these Terms, all Items listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Items to you. We may choose not to accept Orders at our sole discretion. For example, for Orders made using the Online Services, we may choose not to accept your Order even after we send you a written confirmation with your Order number and details of the Items you have Ordered, as your payment must be received by us before our acceptance of an Order.
*Prices and Payment Terms*
All prices, discounts, and promotions posted are subject to change without notice. The price charged for an Item will be the price in effect at the time the Order is placed and will be sent out in your written Order confirmation. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your invoice, and will be itemized on your receipt. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences. We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from, or in addition to, these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Terms of payment are within our sole discretion, and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. We accept PayPal, Venmo and cash as valid methods of payment. You represent and warrant that (i) payment information or payment method you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase of the Items, (iii) charges incurred by you will be honored by your credit card company or any other third party required to effectuate payment, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.
*Additional Terms and Conditions*
The following provisions apply to the Purchase of all Items at or related to the properties owned or operated by Stella Koret or Tours by Stella, LLC or during your participation in any activity led, organized, arranged, promoted, and/ or sponsored by Stella Koret or Tours by Stella, LLC.
*Reservations & Conditions*
A reserved tour is revocable and may be revoked with no refund of purchase price if found in Violation of Tours by Stella, LLC rules and regulations or these terms.
Unauthorized sales, resales, or other transfers of booked tours is prohibited.
Booked tours are valid for the times and dates shown on the written reservation details for your booked tour only.
Stella Koret or Tours by Stella, LLC reserves the right to make minor alterations to a booked tour, including minor alterations to the times of a booked tour. In the case of any such minor alteration, you will receive reasonable notification of such alteration.
When participating in a booked tour or activity led by Stella Koret or Tours by Stella, LLC you are granting Stella Koret or Tours by Stella, LLC the right to film, video, photograph, and take sound recordings of all participants while involved in any Tours by Stella, LLC Activities, for any purpose without payment or consideration thereof.
Stella Koret or Tours by Stella, LLC assumes no responsibility for accidents or loss to any person in connection with the condition or use of the properties and locations a tour takes place, including the GSMNP or surrounding vendors.
Stella Koret or Tours by Stella LLC assumes no responsibility for accidents or loss to any person in connection with the participation in the Tours by Stella LLC Activities.
All persons, bags and belongings are subject to security and safety searches during any Tours by Stella LLC Activities. Any person refusing to comply with security and safety searches will be refused participation on the tour.
Each Guest agrees that it shall comply with each of the following:
Weapons of any type and all items listed in the section below titled “Prohibited Items” are prohibited during participation in any Tours by Stella LLC.
The use of illegal drugs is prohibited at all times during participation on any Tours by Stella LLC Activity.
Excessive consumption of alcohol is prohibited and individuals showing signs of intoxication or any kind of substance impairment are prohibited at the Properties, each to be determined at the sole discretion of Stella Koret or Tours by Stella LLC.
Guests participating in any Tours by Stella LLC Activity must comply with all posted signs and all instructions from Stella Koret or Tours by Stella LLC personnel whether related to property operations, rules, procedures, health and safety requirements, or otherwise.
Guests must use designated walkways and may not cross any fences, chains, ropes, landscape areas, or other barriers.
Guests must move about in an orderly manner, remain attentive to their surroundings, and walk rather than run while participating in any Tours by Stella LLC activity.
Conduct that is threatening, disorderly, “horseplay”, unruly, disruptive, profane, graphic, obscene, or in poor taste is prohibited. Any form of harassment (including verbal harassment or abuse or threatening remarks or actions) whether directed at Guests or personnel is prohibited.
Proper attire is required at the Properties at all times. Clothing or other articles with profane, graphic, or obscene words, phrases, or images are prohibited.
Loitering, panhandling, shoplifting, fighting, vandalism, and line cutting are prohibited while participating in any Tours by Stella LLC activity.
Soliciting for commercial or charitable purposes or distributing advertisements, pamphlets, handbills, or flyers without the prior written consent of Stella Koret or Tours by Stella LLC is prohibited while participating in any Tours by Stella LLC activity.
Commercial photography, videotaping, and recording of any kind is prohibited while participating in any Tours by Stella LLC activity.
* Prohibited Items*
Each Guest agrees that while participating in any Tours by Stella LLC activities it shall not bring any of the following prohibited items onto any Property affiliated with any Tours by Stella LLC activities:
-Weapons of any type, including without limitation, firearms, ammunition, tasers, pepper spray, mace, and knives (with a blade longer than 3.5 inches), any item designed to be utilized as a weapon, and any item that appears to be either of the foregoing.
-Explosives of any kind, including fireworks and water grenades (whether metal or plastic).
-Personal or commercial drones or other unmanned vehicles or equipment.
-Alcoholic beverages of any type unless such beverage was sold to the guest by a vendor designated and approved by Stella Koret or Tours by Stella, LLC.
-Illegal drugs of any kind (including prescription drugs not properly prescribed by a health professional).
– Glass containers (other than baby food containers).
-Recreational devices with wheels, such as skateboards, hoverboards, balance boards, scooters, inline skates or shoes with built-in wheels.
-Wheeled mobility devices; Segways; Devices that cannot maintain stability and balance on uneven or dirt surfaces.
-Any other items that Stella Koret or Tours by Stella, LLC determines, in its discretion, to be suspicious or potentially harmful, unsafe or disruptive.
A Guest who (i) fails to abide by, or comply with, any of the above terms, conditions, or conduct requirements, (ii) brings any of the prohibited items listed above onto a Property or to Tours by Stella, LLC Activities, or (iii) violates any applicable laws may, at the discretion of, Stella Koret or Tours by Stella, LLC have their reservation revoked or cancelled by with no refund of any amount paid therefor. Upon such revocation or cancellation, the applicable Guest and all members of their party shall have no right to remain in, on, or about the designated Property. Stella Koret or Tours by Stella, LLC reserves the right to ban individuals violating these Terms or applicable laws from future admission to, or purchase of, all or any of Stella Koret or Tours by Stella, LLC Activities.
*Returns and Refunds*
Unless specifically designated as cancellable or refundable, we will not accept a cancellation of, or a refund for, any Items or reservations once we accept your Order. Notwithstanding, exceptions may be made under limited circumstances by Stella Koret’s or Tours by Stella, LLC sole discretion.
*Disclaimers of Warranties*
We do not provide any warranties with respect to the Purchase of Items and services. ALL ITEMS AND SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
*Limitation of Liability*
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE ITEMS AND/OR SERVICES YOU HAVE ORDERED. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
*Safety Measures Related to COVID-19 & Other Infectious and/or Communicable Diseases*
You must follow all posted instructions while visiting Properties or establishments such as, but not limited to, visitor centers, retail vendors, restaurants, The National Parks or National Forests during your participation in any Tours by Stella, LLC Activities.
*Express Assumption of Risk & Release of Liability*
Please note that it is advised that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19 and Other Infectious and/or Communicable Diseases. Guests should evaluate their risks, and the risks of all guests participating in their group, and understand that each guest is responsible for whatever risks may occur when participating in any Tours by Stella, LLC Activities. We cannot guarantee that you will not be exposed to any communicable diseases during your participation in any tour or service provided by Tours by Stella, LLC Activities.
*THIS SECTION is an acknowledgement and voluntary express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 or any other communicable and/or infectious disease, while participating in any Tours by Stella, LLC Activities.
By purchasing a tour and participating in any Tours by Stella, LLC Activities, you are acknowledging and confirming on your behalf, and on behalf of any individual who participates in a booked tour (including any minor children), both now and in the future, that you understand and voluntarily expressly assume the risk that during your visit or participation you may be exposed to COVID-19, or other communicable and/or infectious diseases. You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19. Stella Koret or Tours by Stella, LLC cannot guarantee that you will not be exposed during your participation in any Tours by Stella, LLC Activities, and that as such, potential exposure to or contraction of COVID-19 or any other communicable and/or infectious diseases are risks inherent in your decision to participate in Tours by Stella, LLC Activities and cannot be eliminated. You further acknowledge and understand that if you are infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come into contact with, even if you are not experiencing or displaying any symptoms of illness yourself. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.
You and Tours by Stella, LLC further agree that we both intend THIS SECTION to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting properties, vendors, affiliates or anyone participating in Tours by Stella, LLC Activities during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your participation in Tours by Stella, LLC Activities that is related to exposure to or the contraction of any communicable and/or infectious disease.
This acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or other public health emergencies, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
*Dispute Resolution and Binding Arbitration*
You agree and understand that this Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “writing” requirement of that act, applies to your purchase of an Item or service, and governs all claims, disputes, or controversies between you and Stella Koret AND Tours by Stella, LLC, its subsidiaries, affiliates, providers, and their respective officers, directors, partners, shareholders, employees, contractors, agents, licensors, suppliers, service providers, advertisers, instructors, staff, successors or assigns, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively “Claims”).This Section can only be changed or terminated upon mutual agreement. You understand and agree that all Claims shall be resolved by final and binding arbitration using the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms, by one or more arbitrators appointed in accordance with said rules. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and may award the prevailing party damages and other relief (including attorneys’ fees).
HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but, if applicable arbitration rules or laws require Stella Koret or Tours by Stella, LLC to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Stella Koret or Tours by Stella, LLC will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator’s decision must consist of a written statement stating the disposition of each Claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to THIS Section above, of the Federal Arbitration Act.
*NO CLASS ACTION MATTERS*
You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class action claims or private attorney general representative actions, with the exception of representative claims solely for injunctive relief brought under unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision shall be severable from the remainder of this paragraph, which shall remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 30 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
*Governing Law and Jurisdiction*
All disputes arising out of or related to the Purchase and sale of Items and these Terms, as permitted following the mandatory arbitration described above, shall be brought in the state courts or federal courts of Tennessee, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the State of Tennessee without regard to its conflict of law principles.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Stella Koret or Tours by Stella, LLC.
*No Third-Party Beneficiaries*
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. Any notice from Stella Koret or Tours by Stella, LLC that are directed to you shall be delivered (i) by phone to the phone number you provided us at the time of Registration, (ii) by mail to the mailing address you provided us at the time of Registration, or (iii) by email to the email address you provided us at the time of Registration. Notice shall be deemed given immediately upon texting to the phone number provided, (ii) twenty four (24) hours after email is sent, unless we are notified that the email address is invalid or, (iii) in the case of notice sent via mail, three (3) business days after the date of mailing.
Stella Koret or Tours by Stella, LLC.,141 Smoky Crossing Way, Seymour, TN 37865.
We may update the address for notices to us by posting a notice on the Online Service. Notices provided by personal delivery will be effective immediately, provided that written confirmation of receipt is obtained and kept by you. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.