Terms & Conditions

LEGAL INFORMATION

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to engage in business with The Company for the express purpose of the Company’s stated services and products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

You are currently viewing the website for Fat Tire Tours Holdings, LLC doing business as Fat Tire Tours. The mailing address for Fat Tire Tours Holdings, LLC is 3801 N Capital of Texas Hwy, Ste E240-401, Austin, TX 78746.

Fat Tire Tours offers a marketplace for tourist services, particularly excursions, tours, visits, recreational, cultural and gastronomic discovery activities, directly or through its affiliated websites. Any reservations made on this website or any of its affiliated websites, imply full acceptance of these terms of sale and the payment of the sums due in respect of bookings made. These Terms and Conditions can be amended and updated at any time and without notice.

PRIVACY STATEMENT – Updated January 2023

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use the information collected from individual customers for the purpose of conducting tours. We constantly review our systems and data to ensure the best possible service to our customers. 

CONFIDENTIALITY

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of our services and products. 

DISCLAIMER

EXCLUSIONS AND LIMITATIONS

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

-Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

-Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

PAYMENT POLICY

If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting us by email at support@fattiretours.com or by phone at +1.866.614.6218:

Terms of payment are within The Company’s sole discretion, and unless otherwise agreed to by The Company, payment must be received by The Company prior to The Company’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by The Company.   

THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

You agree to comply with all applicable laws and regulations of the country with which you transacted. You agree and represent that you are buying only for your own internal use only, and not for resale or export. The Company has separate terms and conditions governing resale of Product by third parties.

The Parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between Client and The Company arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, The Company’s advertising, or any related purchase shall be governed by the laws of local jurisdiction of the appropriate branch, without regard to conflicts of Laws rules.

All products, tours and services offered by The Company are valid as per the dates displayed on fattiretours.com or any affiliated website. The Company is not responsible or liable for any information that it does not directly provide.

Prices listed on The Company’s websites or affiliated websites are per person and include necessary local taxes unless otherwise specified. The Company accepts the following credit cards Mastercard, Visa,  AMEX (only in Paris, London, and Barcelona), and Discover. Full payment by credit card is required to make a reservation online.

CURRENCY

Tours listed on this site are displayed and priced in local currency, unless otherwise noted at the top of the page, on the page, or as selected by the user. All bookings are processed in the displayed currency. Guests accept any and all fees associated with booking tours using credit card. Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page. Guests should take note that any live rates listed on 3rd party sites, such as those set by xe.com or fxstreet.com, are meant only as Interbank rates for transactions over $1M, and are not to be understood as a general consumer rate. If you are interested in learning more about exchanges, currencies, or payment options, please contact the company in advance of booking.

CANCELLATIONS AND REFUNDS

Bookings cancelled at least 24 hours before the activity start time may be cancelled with a full refund or future credit*

• Within 24 hours and up to one hour before the activity start time you may reschedule your activity for free (subject to availability), or receive a future credit redeemable for activities in any of our locations.
• Within one hour of the activity start time we likely will not be able to refund your booking, however, please contact our customer support staff directly and we will do our best to accommodate you.

CHANGES AND RESCHEDULING

We are happy to modify or change your reservation up to one hour before your activity start time free of charge*

Any changes are subject to availability. Within one hour of the activity start time we likely will not be able to rebook or reschedule your booking, however, please contact our customer support staff directly and we will do our best to accommodate you.

*See restrictions and full cancellation policy here

LOG FILES

We use Google Analytics view trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. No information collected is linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies?

A number of our pages use cookies to remember:

-your display preferences, such as contrast color settings or font size
-if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won’t be asked again)
-if you have agreed (or not) to our use of cookies on this site

Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited.

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

How to Control Cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

FIRST PARTY COOKIES

These are cookies that are set by this website directly. We employ First Party Cookies for the purpose of conducting the reservation process. These include thing like the shopping cart, book now, and check out actions. We use a session cookie to remember your log-in for you and what you’ve put in the shopping cart. These we deem strictly necessary to the working of the website. If these are disabled then various functionalities on the site will be broken.

We use software developed and maintained by Ventrata Ltd. for our reservation capturing and management. Their privacy policy can be found online here: https://ventrata.com/privacy/

Google Analytics: We use Google Analytics to collect information about visitor behavior on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

You can find out more about Google’s position on privacy as regards its analytics service at http://www.google.com/intl/en_uk/analytics/privacyoverview.html

XChange: Our websites runs the XChange CMS and cookies are used to store basic data on your interactions with XChange, and whether you have logged into XChange. We use a session cookie to remember your log-in for you if you are a registered user and we deem these as being strictly necessary to the working of the website. If these are disabled then various functionalities on the site will be broken. You can find out more about session cookies and what they are used for at http://www.allaboutcookies.org/cookies/session-cookies-used-for.html

THIRD PARTY COOKIES

These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Cookies are currently set by Instagram, LinkedIn, Twitter, Facebook, Google+ and Pinterest In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on this website.

You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

Use of Your Personal Data

We may use Personal Data for the following purposes:

-To provide and maintain our Tours, including to monitor the usage of our Tours.
-To manage your registration on a Tour. The Personal Data you provide can give you access to different functionalities of our Tours that are available to you as a registered user. -For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us.
-To contact you by email, phone, sms, or other equivalent forms of electronic communications, such as our mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services including the security updates, when necessary or reasonable for their implementation. -To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
-To manage your requests to us. -For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some of all of our assets, whether as a going concern or asa party of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our Tour users is among the assets transferred.
-For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Tours, products, services, marketing and your experience.

We may share your personal information in the following situations:

-With Service Providers to monitor and analyze the use of our service, and to contact you.
-For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of The Company assets, financing, or acquisition of all or a portion of our business to another company.
-With Affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. -With business partners to offer you certain products, services or promotions. -With other users; when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. -With your consent

Retention of Your Personal Data

We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Tours, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including personal data, is processed at The Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the personal data that we have collected about you.

Our Tours may give you the ability to delete certain information about you from within the service.

You may update, amend, or delete your information at any time by contacting us and requesting to access, correct, or delete any personal information that you have provided to us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If We are involved in a merger, acquisition or asset sale, your personal data may be transferred. We will provide notice before your personal data is transferred and becomes subject to a different privacy policy.

Law enforcement

Under certain circumstances, We may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

We may disclose your personal data in the good faith belief that such action is necessary to:

-comply with a legal obligation -protect and defend the rights or property of The Company -prevent or investigate possible wrongdoing in connection with our Tours -protect the personal safety of users of our services or the public -protect against legal liability

Security of Your Personal Data

The security of your personal data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your personal data, We cannot guarantee its absolute security.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THIS WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on these websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exist on all text, photos, images, icons, videos, and graphics relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in Europe and other countries outside of Europe.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein. 

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. 

GENERAL

The laws of the country where the service is rendered govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of that country’s courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. 

NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.