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GRAPE SAVVY TROLLEY CO. TERMS AND CONDITIONS OF PARTICIPATION

IMPORTANT NOTICE BEFORE MAKING A RESERVATION OR BOOKING (hereafter used interchangeably), PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS OUTLINED BELOW. ANY RESERVATIONS CONSTITUTE A BINDING AGREEMENT ON BEHALF OF YOURSELF AND THOSE TRAVELERS OR PASSENGERS (hereafter used interchangeably) WHO YOU HAVE MADE A BOOKING FOR, SIGNIFYING YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO FOLLOW AND COMPLY WITH THE TERMS AND CONDITIONS OUTLINED BELOW.

1.1 TICKETS AND THE QR CODE Daily tickets are only available for purchase via our dedicated website, after the purchase of which you will be given access to our customer’s only online Reservation Hub and provided a QR code for scanning on and off the trolleys. Please note that Grape Savvy Trolley Co. does not offer physical tickets.

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1.2 TICKET VALIDITY The QR code ticket entitles you to a full day of hop-on, hop-off touring on either of Grape Savvy Trolley Co.’s vehicles, during operational hours on the date stated on the ticket, commencing from the time you first board the service (or, in the case of an Evening Tour, the Evening Service only). Changes to bookings are at the discretion of Grape Savvy Trolley Co. All requests must be made in writing no later than 72 hours prior to departure by email to admin@grapesavvy.ca. Tickets can be booked no more than seven (7) days in advance.

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1.3 TICKETS ARE NOT TRANSFERABLE Tickets and QR codes may not be resold or passed onto anyone else. A ticket which has been altered or improperly issued shall not be valid.

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1.4 CHILDREN Children are welcome on board with purchase of a ticket on the website. Children aged 2 years and under may travel free of charge as long as they do not occupy a seat to the exclusion of a fare-paying passenger. All passengers under 15 must be accompanied by an adult at all times.

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1.5 SCHEDULE Grape Savvy Trolley Co. endeavors to provide departure points and times for the service, which are as accurate as possible. However, Grape Savvy Trolley Co. reserves the right to vary such departure points and times without notice, as circumstances require. The current schedule is available on the Grape Savvy Trolley Co. website at www.trolleyco.ca. During times of low ridership, Grape Savvy Trolley Co. reserves the right to pull one trolley off the daily route.

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1.6 TOUR ROUTE Grape Savvy Trolley Co. reserves the right to deviate from the route of a service in the event of marches, parades or where reasonably prudent to do so in the light of circumstances beyond Grape Savvy Trolley Co.’s control.

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1.7 BUSES AND BUS SAFETY During busy times, seating cannot be guaranteed, though Grape Savvy Trolley Co. will cap ticket sales to attempt to ensure seating is available to everyone who has purchased a ticket. Grape Savvy Trolley Co. reserves the right to refuse access to travel on a particular departure should circumstances be deemed to compromise tour safety. For safety reasons, all customers on our trolleys are required to remain seated while the bus is in motion. Children under 15 are not permitted past the signage stating so on the Green Trolley (Chardonnay), as the open-air sides of the vehicle could pose a safety risk.

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1.8 PRICING AND PROMOTIONAL OFFERS Prices relating to the Services can be found on the relevant pricing page of the Grape Savvy Trolley Co. website. All prices are inclusive of applicable local taxes. Grape Savvy Trolley Co. reserves the right to alter the prices of any Services immediately and without notice. Grape Savvy Trolley Co. may from time to time offer discounts or promotional offers, with or without a discount or promotional code. Discounts with codes are usually only valid for one transaction and, once the code is used, it will be deactivated and will no longer be valid. Grape Savvy Trolley Co. does not bear any responsibility or liability for discounts or promotional offers published on external websites and reserves the right to withdraw any discounts and promotional offers at any time without notice.

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1.9 GRATUITIES Tipping for trolley drivers is a great way for you to show your appreciation for a job well done. Gratuities are voluntary and not included in the published prices.

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1.10 REFUNDS In the event that Grape Savvy Trolley Co. is unable to provide a Service throughout the period of the validity of your ticket through circumstances within its control, you shall be entitled to a full or partial refund of the price of your ticket. Any application for a refund must be made in writing to admin@grapesavvy.ca. Please screenshot and attach your QR code to your email. However, Grape Savvy Trolley Co. shall not be in breach of these terms and conditions, nor shall it be liable, for delay in performing, or failure to perform, any of the Services if such delay or failure results from events, circumstances or causes beyond its reasonable control. No refund is made for unused trolley tour services.

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1.11 PERSONAL PROPERTY; ACCIDENT OR LOSS You will be permitted to bring aboard unopened wine or other bottles you may purchase along the route. Grape Savvy Trolley Co. will endeavor to accommodate this baggage, but takes no responsibly for any breakages while aboard the trolleys. Please take care of all personal property at all times while traveling. Grape Savvy Trolley Co. will not be liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused, unless due to negligence by Grape Savvy Trolley Co., in which case its liability is limited (except for death or personal injury) for damages to a maximum of the refund of the ticket price. Grape Savvy Trolley Co. will attempt to return any lost property found on the trolleys at the end of each day but accepts no responsibility or liability for lost items.

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1.12 ALCOHOL The consumption of alcohol is prohibited on the Services at all times.

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1.13 SMOKING Smoking or vaping of any substance is not permitted at any time onboard the trolleys.

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1.14 IMAGES You hereby acknowledge that Grape Savvy Trolley Co. may take photographs on-board any of the Services and you consent to any such photographs, which may include images of you, being used in Grape Savvy Trolley Co.’s marketing and promotional materials. Grape Savvy Trolley Co. will endeavor not to use photographs in which a single individual is present and prominently featured without obtaining that individual’s consent.

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1.15 CUSTOMER CONDUCT; GENERAL CONDITIONS Grape Savvy Trolley Co. may, at its discretion, require any person to alight from a Service if it deems his/her conduct offensive or a nuisance to other passengers, or if behaving in such a way as to constitute a risk to his/her safety or to the safety of other passengers, and Grape Savvy Trolley Co. shall have no further liability in this regard. With the exception of service animals, as provided below, no animals or pets are allowed on board of the Grape Savvy Trolley Co.’s trolleys. Grape Savvy Trolley Co. has obtained all applicable permits legally required to operate in each city in which it operates its trolley tours. These Terms of Sales shall be governed by the laws of the applicable province in which Grape Savvy Trolley Co. operates.

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1.16 PASSENGERS WITH SPECIAL NEEDS Passengers who require particular assistance must travel with a qualified travel companion as the drivers cannot provide individualized help for walking, dining, getting on/off transportation vehicles, or other personal requirements. As our trolleys are not equipped with wheelchair ramps, all customers must be able to mount 3 or 4 steps onto the trolley. Passengers necessitating unique attention must advise Grape Savvy Trolley Co. at the time of booking. We will make reasonable efforts to accommodate passengers with specific needs, but we are not responsible for the denial of services by any of the venues along the route.

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1.17 NO DISCRIMINATION Grape Savvy Trolley Co. will not refuse to provide transportation based upon race, color, national origin, religion, or sex.

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1.18 SERVICE ANIMALS Grape Savvy Trolley Co. will accept, without charge, a service animal required to assist a person with a disability. To the reasonable extent possible, Grape Savvy Trolley Co. will assign a seat to the person that provides sufficient space for the person and the service animal. The service animal will not be permitted to occupy a passenger seat.

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1.19 FEEDBACK If you have any feedback on any of the Services, please email: admin@grapesavvy.ca.

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1.20 PRIVACY POLICY Your privacy is very important to Grape Savvy Wine Tours/Grape Savvy Trolley Co. This privacy policy describes the principles and practices that apply to personal information collected from users of our Services on our website, in telephone, or e-mail communications. The following outlines our pledge to you: Purpose and Consent: Before collecting your Personal Information, or at the time of collection, we will explain to you the purpose of collecting it and obtain your consent. Limiting Collection: Our collection of Personal Information is limited to what is reasonable under the circumstances and your information will be used only for the purpose for which it is collected. Security: Your personal information is kept confidential and secure and is not disclosed to anyone outside our group of companies and our selected third-party service providers/business partners without your consent unless required by law. Access: You have the right to access your own Personal Information, and to correct any inaccuracies.

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1.21 PERSONAL INFORMATION We will only use and disclose your personal information to fulfill the purposes for which it was collected. Any exception will be with your prior consent, or as may be permitted or required by law. Personal information, such as special needs, dietary or religious requirements, itinerary, addresses of accommodation where you will be staying during your trip, etc., which you provide to us will be passed on only to the relevant suppliers of your travel arrangements and/or other persons necessary for the provision of your travel arrangements, such as public authorities, customers or immigration, if required by them or is required by law. Any exception to the above will be with your prior consent, or as may be permitted or required by law. Also, we will keep your information only for as long as it is needed to fulfill the purposes for which it was collected.

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2. TERMS OF USE

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2.1 CHANGES TO THE SERVICES Grape Savvy Trolley Co. reserves the right, at its discretion, to change, modify, add to, or remove portions of these terms and conditions at any time and to restrict access to any areas of the Services at any time, without notice or liability. Grape Savvy Trolley Co. suggests that you check these terms and conditions periodically for changes. If you use the Services after changes are posted to this section, you accept the changed terms and conditions.

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2.2 LIABILITY By using any of the Services, you acknowledge and agree that the use of the Service is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Grape Savvy Trolley Co. be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use, any of the Service or any material linked to any of the Service (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Grape Savvy Trolley Co. has been advised of the possibility of such damage. In addition, no liability can be accepted by Grape Savvy Trolley Co. in respect of any changes made to the content of any of the Service by unauthorized third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. Nothing in these terms and conditions affects your statutory rights. Nothing in these terms and conditions excludes Grape Savvy Trolley Co.’s liability for: • death or personal injury arising from Grape Savvy Trolley Co.’s negligence; • fraud or fraudulent misrepresentation; or • any other loss or damage which cannot be excluded or limited under Web-Applicable law.

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2.3 SERVICE AVAILABILITY To the extent permitted by Web-Applicable law, Grape Savvy Trolley Co. does not warrant that any of the Services will be available at any time or that your access to any of the Services will be uninterrupted, timely, error free or free from viruses or other harmful components. If any of the Services are unavailable, please report this by e-mailing admin@grapesavvy.ca and Grape Savvy Trolley Co. will attempt to correct the fault as soon as Grape Savvy Trolley Co. reasonably can. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website and for ensuring that you have adequate anti-virus protection installed on the equipment used to access this website.

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2.4 INTELLECTUAL PROPERTY Unless otherwise stated, all intellectual property in the Services and all rights in any information which appears in any of the Services (including the screen displays, the content, the text, graphics, and look and feel of any of the Services) belongs to Grape Savvy Trolley Co. or its licensors. All trademarks, service marks, company names, or logos are the property of their respective holders. Any use by you of these marks, names, and logos may constitute an infringement of the holders' rights. Grape Savvy Trolley Co. does not warrant that the Services do not infringe any intellectual property rights of third parties. Your use of any intellectual property displayed on or relating to the Services, except as provided in these terms and conditions, is strictly prohibited. Grape Savvy Trolley Co. will aggressively enforce its intellectual property rights to the fullest extent of the law. Nothing relating to the Services should be construed as granting any license or right in or to any trademarks, service marks or trade dress of Grape Savvy Trolley Co. or any other intellectual property owned by any member of Grape Savvy Trolley Co. group. You may print off one copy, and may download extracts, of any page(s) from the Services for your personal use and you may draw the attention of others to content posted on the Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Grape Savvy Trolley Co.’s status (and that of any identified contributors) as the authors of content on the Services must always be acknowledged. You must not use any part of the content on the Services for commercial purposes without obtaining a license to do so from Grape Savvy Trolley Co. or its licensors. If you print off, copy, or download any part of the Services in breach of these terms of use, your right to use them will cease immediately and you must, at Grape Savvy Trolley Co.’s option, return or destroy any copies of the materials you have made.

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2.5 THIRD PARTY SITES Grape Savvy Trolley Co. is not responsible for the content of any other sites that are linked to or from any of the Services and Grape Savvy Trolley Co. excludes all warranties and all liability for any loss or damage you incur as a result of your use of such sites.

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2.6 LINKING CONDITIONS FOR SITES You may not link to any applicable Service unless you have obtained the prior written consent of Grape Savvy Trolley Co. If you have obtained consent, you must comply with the following conditions: • you must only link to the homepage of this website (http://www.trolleyco.ca/). Linking to other content within the relevant Service is prohibited without Grape Savvy Trolley Co.’s express written permission; • the text of the link must read either "Grape Savvy Trolley Co." or “www.trolleyco.ca”. You may not use any Grape Savvy Trolley Co. logo or graphic as part of the link without Grape Savvy Trolley Co.’s prior written consent; • the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Grape Savvy Trolley Co.; (b) portray Grape Savvy Trolley Co., or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of Grape Savvy Trolley Co.; or (c) alter the layout, content, look or feel of the relevant Platform; and • you must not establish a link to a Service where such link is not owned by you. Grape Savvy Trolley Co. assumes no responsibility for the content of websites linked on the Services. Such links should not be interpreted as an endorsement by Grape Savvy Trolley Co. of those linked websites. Grape Savvy Trolley Co. will not be liable for any loss or damage that may arise from your use of them.

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2.7 ACCEPTABLE USE You must not use any of the Services for any unlawful, improper or illegal purpose or activity. Furthermore, you must not use any of the Services in a way which causes or may cause: • damage to the reputation of Grape Savvy Trolley Co.; • any of the Services, or the services offered through any of the Services, to be interrupted, damaged or impaired; • a virus or malicious code to be introduced into any part of any Service; • offence or detriment to any other person who uses any of the Services; • Grape Savvy Trolley Co., you or any other user of any of the Services to be in breach of any applicable law or regulation; or • detriment to any person who supplies services to Grape Savvy Trolley Co. in connection with any of the Services. You are prohibited from: • modifying, translating, decomposing, decompiling, reverse engineering, disassembling or otherwise attempting to gain access to the source code of all or any part of any Service; • creating derivative works from any part of any Service; or • copying any part of any Service (including any related documentation) or making commercial use of, leasing, charging, selling, publishing, sub-licensing, distributing, assigning or otherwise transferring any part of any Service.

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2.8 SEVERABILITY If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal, and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal, and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

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2.9 PRIORITY OF LAWS In the event that any part of these terms and conditions at any time conflicts with the laws of a jurisdiction in which you use the Services or the Services, the laws of that jurisdiction shall prevail but only to the extent of such conflict.

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2.10 ASSIGNMENT You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

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2.11 GOVERNING LAW These terms and conditions are governed by the laws of Canada and you agree that the Canadian courts shall have exclusive jurisdiction in any dispute.

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3. TERMS RELATING TO THE WEBSITE

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The following additional terms apply to your use of the website. The website is a resource for customers of Grape Savvy Trolley Co.. It has been developed to help you get the most from your hop-on, hop-off tour experience.

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3.1 INFORMATION ACCURACY Grape Savvy Trolley Co. Tours endeavors to ensure that the information contained within the website is accurate at the time of download, but accuracy cannot be guaranteed.

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3.2 TIMINGS AND PRICES Times and prices listed within the website are provided as a guide only. Grape Savvy Trolley Co. cannot be held responsible for changes to the opening times or prices of third-party visitor attractions. Grape Savvy Trolley Co. reserves the right to vary tour times without notice, as circumstances require.

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3.3 ROUTE CHANGES Grape Savvy Trolley Co. reserves the right to deviate from the routes and stops indicated within the website when it is reasonably prudent to do so.

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3.4 TICKETS To access the Grape Savvy Trolley Co. trolleys, you must be in possession of a valid ticket. To access the Reservation Hub features of the website you must be in possession of a valid ticket.

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3.5 SAFETY For safety reasons, customers are required to remain seated on the trolleys while the trolley is in motion. Whether on or off a trolley, please only consult the website only when it is safe to do so.

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3.6 REFUNDS AND LIABILITIES The website has been developed as a customer aid and is provided in good faith. The details included within the website cannot be guaranteed. Grape Savvy Trolley Co. will not be held liable for any problem that arises because of inaccurate information contained within the website . If in any doubt about the information contained within the website , please consult a member of Grape Savvy Trolley Co. staff for clarification.

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3.7 DATA DOWNLOADS Each interactive map requires a data download of approximately 10mb (but each download may be a greater or lesser amount of data). To minimize data costs, it is recommended to download the interactive maps when a wireless connection is accessible. Once the interactive map is downloaded, no further data exchange is required unless you choose to access the Google/Apple map function. You are responsible for the payment of any charges incurred as a result of your use of any website , including charges imposed by your mobile service provider (including any data charges).

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3.8 FEEDBACK If you have any feedback on the website , please email: admin@grapesavvy.ca.

This agreement is governed by the laws of the Province of British Columbia and you hereby agree to attorn to this jurisdiction in the event any dispute may arise.

I have read and understand the TERMS AND CONDITIONS and by purchasing a ticket through the website and participating in the trolley experience I confirm that I am at least 19 years old and I hereby agree, as do all passengers for whom I have made the booking, to be bound by and comply with these Terms and Conditions, and I authorize Grape Savvy Wine Tours to charge my credit card as provided above with the required payment amount shown.