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THIS SHUTTLE SERVICE AGREEMENT AND LIABILITY WAIVER (“Agreement”) is a legally binding contract between Temecula Tasting Shuttle Inc. doing business as Temecula Tasting Shuttle (“Company”) and the individual purchasing a ticket, holding a ticket, or boarding a Company vehicle (“Passenger”).
The Company provides hop-on, hop-off shuttle transportation services throughout the Temecula Valley Wine Country, California. By booking a reservation, purchasing a ticket, or boarding a Company vehicle, each Passenger agrees to be fully bound by all terms of this Agreement.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
1.1 “Company” means Temecula Tasting Shuttle Inc., its officers, directors, employees, drivers, agents, contractors, insurers, successors, and assigns.
1.2 “Passenger” means any individual who books, purchases a ticket for, boards, rides, or participates in Company Services, whether as an individual or as part of a Group.
1.3 “Group” means two or more Passengers traveling together under a single Booking or associated with a single Primary Purchaser.
1.4 “Primary Purchaser” means the individual who completed the Booking and whose payment method is on file with the Company.
1.5 “Service” or “Services” means all transportation, shuttle operations, ticketing, customer support, and related activities provided by the Company on any Tour Day.
1.6 “Vehicle” means any shuttle, bus, van, or other motorized vehicle operated by or on behalf of the Company to provide Services.
1.7 “Route” means the Rancho California Route, De Portola Route, or any other designated route operated by the Company, subject to modification at the Company’s discretion.
1.8 “Shuttle Stop” means any designated winery, venue, or pickup/drop-off location included on a Route on a given Tour Day.
1.9 “Third-Party Venue” means any winery, tasting room, restaurant, or other establishment that is independently owned and operated and visited as part of a Route.
1.10 “Tour Day” means the entire calendar day on which a Passenger holds a valid Ticket, from first boarding until final drop-off at the endof-day collection point.
1.11 “Ticket” means the electronic or printed confirmation of a Passenger’s right to ride the Service on a specific Tour Day, issued only after digital acknowledgment of this Agreement.
1.12 “Visible Intoxication” means any observable condition suggesting unsafe impairment from alcohol, cannabis, prescription medication, over-the-counter substances, or any combination thereof, including but not limited to: slurred speech; unsteady gait; glassy or unfocused eyes; inability to follow simple instructions; verbal or physical aggression; disorientation; or any other behavior indicating a person’s ability to care for themselves or others is materially impaired, as reasonably determined by Company staff.
1.13 “Biohazard Incident” means vomiting, spilling bodily fluids, or creating any other sanitation or biological contamination incident in, on, or in proximity to a Vehicle.
1.14 “Released Parties” means the Company and all of its past and present officers, directors, members, employees, agents, contractors, drivers, insurers, successors, and assigns.
1.15 “Booking” means a confirmed reservation for Service on a specific Tour Date, completed through the Company’s Website or authorized booking platform after digital acknowledgment of this Agreement.
Passenger acknowledges that the Company provides transportation services only. The Company is not a winery, does not hold a California Alcoholic Beverage Control (ABC) liquor license, and does not sell, serve, supply, furnish, or provide alcoholic beverages.
Passenger acknowledges that they are solely responsible for their own alcohol consumption decisions and for monitoring their own physical condition throughout the Tour Day. The Company has no duty to monitor, supervise, or limit a Passenger’s alcohol consumption at Third-Party Venues.
Participation in the Service is entirely voluntary. This Agreement is supported by valid legal consideration: the Company’s agreement to transport the Passenger and provide access to the Service in exchange for the Passenger’s agreement to the terms herein, including the assumption of risk and release of liability set forth in Sections 3 and 4.
The Company is a charter-party carrier licensed by the California Public Utilities Commission (CPUC) pursuant to California Public Utilities Code §§5371–5375.9. The Company’s operations are subject to CPUC oversight, California Highway Patrol inspection requirements, and all applicable provisions of the Passenger Charter-Party Carriers’ Act.
Passenger represents and warrants that they are at least 21 years of age. Valid government-issued photo identification is required to board any Company Vehicle. The Company reserves the right to deny Service to any individual who cannot produce valid identification establishing that they are 21 years of age or older. Denial of boarding for failure to verify age results in forfeiture of the full ticket price with no refund.
The Service combines two legally distinct roles that all Passengers must understand:
This Agreement must be accepted prior to the commencement of Service. Acceptance occurs upon the Passenger completing the digital acknowledgment at checkout, checking the acknowledgment box online, or boarding a Company Vehicle if no prior digital acceptance was completed.
Passenger acknowledges and voluntarily assumes all risks inherent in motor vehicle transportation, including but not limited to:
Passenger acknowledges that cannabis is legal in California for adults age 21 and over but that its use may produce impairment indistinguishable from alcohol intoxication. Passenger expressly assumes all risks associated with any impairment arising from the use of cannabis, cannabis edibles, prescription medication, over-the-counter medication, or any combination of substances consumed before or during the Tour Day. Cannabis use is subject to the same Visible Intoxication standard as alcohol, and the Company applies the same right to refuse service regardless of the source of impairment.
Passenger assumes all risks associated with visiting Third-Party Venues, including:
Passenger assumes all risks arising from the behavior and conduct of other Passengers on the same Tour Day, including but not limited to: the actions of intoxicated individuals; verbal altercations; physical contact; accidental spillage of food or beverages; and any conduct of third parties that the Company did not cause and could not reasonably have prevented.
Passenger expressly acknowledges that this assumption of risk extends to all foreseeable and unforeseeable risks, all known and unknown risks, all latent and patent risks, and all risks that may arise from the ordinary negligence of Company. Passenger expressly waives the protections of California Civil Code Section 1542, which provides:
To the fullest extent permitted by California law, Passenger hereby releases, waives, discharges, and covenants not to sue Company or any Released Party for any and all liability, claims, demands, actions, or causes of action arising out of or related to:
This release applies whether such liability arises from the ordinary negligence of Company or otherwise, to the fullest extent permitted by California law.
Notwithstanding the foregoing, nothing in this Agreement shall be construed to release Company from liability for: (a) fraud or fraudulent misrepresentation; (b) willful injury to persons or property; (c) gross negligence resulting in death or bodily injury; or (d) violation of any applicable law where such liability cannot be excluded as a matter of California public policy under Civil Code §1668.
(a) All Passengers must be 21 years of age or older to participate in any Tour Day. A valid government-issued photo identification document will be required at boarding on each Tour Day. Any Passenger who cannot produce valid age-verification identification will be denied boarding, and the full ticket price will be forfeited with no refund.
(b) AB 45 Age-Verification Compliance. Pursuant to California Assembly Bill 45 and applicable CPUC regulations governing passenger charter-party carriers, the Company shall:
(c) Group Purchaser Liability. The Primary Purchaser acknowledges personal liability for any CPUC penalty, California ABC fine, or regulatory sanction arising from the presence of any Passenger under age 21 in the Group’s Booking, and agrees to indemnify, defend, and hold harmless the Released Parties for all resulting fines, penalties, legal fees, and regulatory remediation expenses.
The Company does not hold a license under the California Alcoholic Beverage Control Act (Business and Professions Code §25602 et seq.). All alcoholic beverages are sold and served by independently licensed thirdparty establishments. The Company makes no representation regarding the quality, safety, potency, or effect of any alcohol available at any winery or venue on a Route.
The Company is not liable under California’s dram-shop statutes or any social-host theory of liability for any injury, illness, property damage, thirdparty claim, or legal consequence arising from a Passenger’s voluntary consumption of alcohol at any winery, venue, or establishment visited during a Tour Day.
The Company’s role is strictly limited to providing safe transportation between designated Shuttle Stops. The Company does not supervise, monitor, or control Passenger’s alcohol consumption at Third-Party Venues; does not act as a bartender, server, or alcohol vendor; and has no duty to prevent a Passenger from becoming intoxicated at Third-Party Venues.
The Company’s duty of care to any Passenger terminates immediately upon that Passenger’s final disembarkation from the Vehicle at the designated end-of-tour drop-off location, or upon voluntary departure at any intermediate stop if the Passenger does not reboard. After disembarkation:
The Company reserves the absolute and unreviewable right to refuse Service to, or remove from the Vehicle, any Passenger who exhibits Visible Intoxication (as defined in Section 1.12), or who:
(a) Poses a safety risk to themselves, other Passengers, the driver, or the general public;
(b) Is unable to board, sit, or exit the Vehicle safely;
(c) Exhibits disruptive, threatening, harassing, or aggressive behavior;
(d) Fails or refuses to comply with lawful driver instructions.
For the avoidance of doubt, the Visible Intoxication standard applies equally to impairment arising from alcohol, cannabis, prescription medications, over-the-counter substances, or any combination thereof. The Company’s wine-tour format is designed for responsible adult enjoyment — not for unsafe levels of intoxication. Refusal of service is exercised only when a Passenger’s level of impairment presents a genuine safety concern.
The Company shall not be liable for any damages, inconvenience, embarrassment, emotional distress, or costs arising from its exercise of the right to refuse service, including costs of alternative transportation, missed reservations, or loss of enjoyment.
Any Passenger who refuses to exit the Vehicle after being lawfully instructed to do so shall be deemed to be trespassing and may be subject to arrest and criminal prosecution.
The Company’s right to refuse service is exercised solely on the basis of safety, conduct, age verification, and compliance with these terms. The Company does not and will not refuse service on the basis of race, color, religion, sex, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, gender identity, or any other characteristic protected under the California Unruh Civil Rights Act (Civil Code §51) or applicable federal law.
Passenger agrees to at all times: follow all lawful instructions from the driver and Company staff; remain seated with seatbelt fastened while the Vehicle is in motion; treat the driver, staff, and all other Passengers with respect and courtesy; refrain from any conduct that disrupts Service, endangers safety, or impairs the enjoyment of others; and comply with all applicable laws.
Passenger acknowledges that they may be traveling with other passengers whose conduct is outside the Company’s control. The Company is not liable for the acts or omissions of other Passengers.
Passenger may consume non-alcoholic food and beverages on board at the driver’s reasonable discretion, provided such consumption does not create a mess, sanitation hazard, or safety concern. Passengers are responsible for properly disposing of all trash before exiting the Vehicle. Wine bottles legally purchased at wineries must be transported sealed in the luggage area or at the Passenger’s feet and may not be consumed during transit.
Passenger agrees to treat the Company’s Vehicle with care and respect at all times. Any intentional or reckless damage will result in full financial liability.
If Passenger causes a Biohazard Incident in or on the Vehicle, Passenger’s credit card on file will be charged according to the following fee schedule based on the severity and scope of the incident:
These fees cover: immediate cleaning and disinfection; vehicle downtime and lost revenue; professional detailing or sanitation services; and replacement of damaged upholstery, fixtures, or materials where necessary.
The Company may photograph or video-record the Vehicle interior before and after each Tour Day service to document the condition of the Vehicle. Such documentation may be used as evidence of damage in any dispute proceeding.
Passenger may dispute any damage or cleaning charge by contacting the Company at info@temeculatastingshuttle.com within five (5) business days of the charge notification. The dispute notice must include the Passenger’s name, booking confirmation number, date of the Tour, the specific charge disputed, and the Passenger’s explanation. The Company will review all available documentation and respond within 10 business days. The Company’s determination following good-faith review shall be final for purposes of this Agreement.
Shuttles operate on a published schedule with pickups approximately every 75 minutes at each designated Shuttle Stop. Passengers are expected to be present and ready at the designated Shuttle Stop at least 5 minutes before the scheduled pickup time.
The Company is not obligated to wait for late Passengers beyond 5 minutes past the scheduled pickup time. If a Passenger is not present at the Shuttle Stop when the shuttle departs, they will be considered a no-show for that specific pickup.
All Passengers must be present at the designated final collection point by the published end-of-day pickup time (typically 5:00 PM, as confirmed in the Passenger’s booking confirmation). Passengers who are not present at the final collection time are responsible for arranging and funding their own transportation home. No refunds will be provided.
The Company is not liable for any delay caused by traffic, road conditions, weather, mechanical issues, winery delays, or other circumstances outside the Company’s reasonable control. No refunds or compensation will be provided for delays that do not result in a complete cancellation of the Tour Day.
The Company reserves the right to modify Routes, add or remove Shuttle Stops, adjust timing, or alter the published schedule at any time due to weather, road conditions, winery closures, capacity limitations, mechanical issues, or other operational circumstances. No refund or credit is provided solely as a result of route or schedule modifications, unless such modification results in a complete cancellation of the Tour Day by the Company.
Passenger is strongly encouraged to provide emergency contact information (name, relationship, and phone number) during the booking process. In the event of injury, illness, or medical emergency during the Tour Day, the Company may attempt to contact the listed emergency contact. Providing this information is voluntary but strongly advised.
The Company maintains commercial liability insurance as required by California law, including Assembly Bill 1807 (AB-1807), with minimum coverage of $2,000,000 combined single limit per Vehicle. This insurance is the exclusive source of compensation for covered claims subject to policy terms and conditions. Nothing in this Agreement shall be construed to waive or limit insurance coverage required by law.
In addition to the Primary Purchaser’s Booking-time acceptance, each adult Group member acknowledges and agrees, by boarding the Vehicle, that: this Agreement legally binds them individually; they have been informed of the terms by the Primary Purchaser prior to boarding; they accept all terms including the assumption of risk, release of liability, conduct policies, and alcohol policies; and they bear personal responsibility for their own conduct during the Tour Day. The Company may, at its discretion, require each adult Passenger to complete a digital acknowledgment individually at check-in via tablet or other electronic device.
This indemnification obligation: applies regardless of whether the claim is based on negligence, strict liability, or other legal theory; survives termination of this Agreement; extends to claims brought by Passenger’s family members, heirs, estate, or assigns; and includes the duty to defend, meaning Passenger must, if requested, retain legal counsel at their own expense to defend the Released Parties.
Third-Party Venues maintain an independent right to refuse service to any Passenger for any lawful reason, including Visible Intoxication, disruptive conduct, lack of valid identification, or capacity limits. The Company is not liable for such refusals, and no refund will be provided to any Passenger refused service by a Third-Party Venue.
All alcohol served to Passengers at wineries is served by and under the license and authority of each respective Third-Party Venue. The Company has no authority over, and accepts no liability for, the responsible beverage service practices of any Third-Party Venue. Passengers who feel they have been over-served at a winery are encouraged to notify the Company driver or staff immediately.
Lost items discovered on Company Vehicles will be logged and held at the Company’s designated location for a period of fourteen (14) calendar days from the Tour Date. To report or claim a lost item, Passenger must contact the Company at info@temeculatastingshuttle.com or (951) 223-1463 and provide: (a) full name; (b) booking confirmation number; (c) Tour Date; and (d) a detailed description of the item. The Company will make reasonable efforts to match reported items with found property.
Passengers who require accessibility accommodations — including but not limited to wheelchair or mobility device assistance, step-free boarding, or seating accommodations for physical limitations — are strongly encouraged to contact the Company at info@temeculatastingshuttle.com or (951) 223- 1463 at least 48 hours before the Tour Date to discuss their needs. The Company will make reasonable efforts to accommodate all disclosed accessibility needs based on Vehicle availability and the nature of the request. Accommodation cannot be guaranteed for requests made with less than 48 hours’ notice, though the Company will endeavor to assist whenever possible.
Service animals, as defined under the ADA (trained to perform a specific task for a person with a qualifying disability) and California law, are welcome on all Company Vehicles at no additional charge. Passengers traveling with a service animal should notify the Company at the time of Booking to facilitate appropriate seating arrangements. Emotional support animals, comfort animals, and pets do not qualify as service animals under federal ADA protections and are not permitted on Company Vehicles.
The Company cannot guarantee the accessibility of Third-Party Venue facilities, as those venues maintain their own premises and are independently responsible for their own compliance with applicable accessibility laws. Passengers with mobility concerns are encouraged to contact specific wineries directly in advance to inquire about their accessibility features.
Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Riverside County, California. Passenger irrevocably consents to the personal jurisdiction and venue of such courts for any matter not subject to mandatory arbitration under Section 16.5.
This Agreement incorporates by reference the dispute resolution provisions in the Company’s Website Terms & Conditions. In the event of conflict between this Agreement and the Website Terms & Conditions on matters specifically addressed herein, the terms of this Agreement shall control.
Before filing any legal action or initiating arbitration, Passenger agrees to first contact the Company in writing at info@temeculatastingshuttle.com and attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date of Passenger’s written notice. The notice must include: (a) Passenger’s full legal name; (b) booking confirmation number; (c) a detailed description of the nature and basis of the dispute; and (d) the specific relief sought. The Company will respond in writing within 15 business days.
Passenger has the right to opt out of the binding arbitration clause in Section 16.5. To exercise this right, Passenger must send a written opt-out notice to the Company by email at info@temeculatastingshuttle.com with the subject line “ARBITRATION OPT-OUT” within thirty (30) days of the date of Passenger’s first Ticket purchase. The opt-out notice must include: (a) Passenger’s full legal name; (b) booking confirmation number; (c) the email address used at the time of Booking; and (d) a clear statement that Passenger is opting out of arbitration. Opting out of arbitration does not affect any other provision of this Agreement, and Passenger will remain bound by all other terms including the assumption of risk, release of liability, and class action waiver. Mass or group opt-out requests will not be accepted; each Passenger must submit their own individual opt-out notice. If Passenger does not opt out within the 30-day window, the arbitration clause is binding.
PASSENGER AGREES THAT ANY DISPUTE ARISING UNDER THIS AGREEMENT OR RELATED TO THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. PASSENGER EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. This waiver applies to both judicial and arbitral proceedings.
Passenger acknowledges that they will not receive any financial or other compensation for any use of their likeness, voice, or image under this Section.
Passenger may opt out of photo and video use for marketing purposes by providing written notice to the Company at info@temeculatastingshuttle.com at the time of Booking with the subject line “PHOTO RELEASE OPT-OUT” and including their booking confirmation number. A photo release opt-out checkbox is also available on the Company’s online booking form. Verbal opt-out requests at the time of the tour cannot be guaranteed to be honored. Opting out of media use does not affect any other term of this Agreement.
The following cancellation terms apply to all Passenger-initiated cancellations. All cancellation requests must be submitted in writing to info@temeculatastingshuttle.com. Verbal cancellations will not be accepted.
If the Company cancels a Tour Day due to circumstances beyond its reasonable control, including severe weather, natural disaster, wildfire, road closure, government-mandated closure, Vehicle mechanical failure, or driver medical emergency, each affected Passenger will receive, at their election:
No additional compensation, consequential damages, or travel expense reimbursement will be owed by the Company for force majeure cancellations.
If the Company cancels a Tour Day as a business decision (e.g., insufficient bookings or operational restructuring):
Pursuant to California Civil Code §1750 (Consumers Legal Remedies Act), the Company waives any claim to consequential damages arising from Passenger reliance on a cancelled Tour Day for Company-initiated business-decision cancellations.
Requests to modify a Booking date, time, or group size are treated as a cancellation of the original Booking and the creation of a new Booking. All modification requests are subject to availability and the cancellation terms in this Section. The Company will make reasonable efforts to accommodate modification requests submitted at least 72 hours in advance of the Tour Date.
By providing a phone number and email address during the Booking process, Passenger consents to receive communications from the Company including: (a) transactional messages — booking confirmations, payment receipts, damage charge notifications, itinerary updates, day-of logistics, and policy change notices; and (b) marketing and promotional messages, if Passenger has opted in to marketing communications.
Passenger agrees to receive SMS (text) messages at the mobile number provided. Messages will be sent from (951) 223-1463. Message frequency will vary based on Booking activity. Message and data rates may apply. Passenger may opt out of SMS messages at any time by replying STOP. Reply HELP for assistance. Consent to receive marketing text messages is not a condition of purchase or participation in the Service. Passenger may opt out of marketing communications at any time without affecting their ability to use the Service. This consent is provided in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, and applicable FCC regulations.
In the course of providing Services, the Company collects the following categories of personal information: (a) identity data (full name, date of birth for age verification, government ID details); (b) contact data (email address, phone number); (c) payment data (credit/debit card details, processed and tokenized by our PCI-DSS-compliant payment processor — the Company does not retain full card numbers); (d) booking data (Tour Dates, group size, preferences, emergency contact); (e) incident documentation (photos, video, and written records for vehicle damage and biohazard events); and (f) digital signature records (name, timestamp, IP address, and agreement version for each electronic acceptance).
If Passenger is a California resident, they have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA): (a) the right to know what personal information is collected and how it is used; (b) the right to request deletion of personal information; (c) the right to correct inaccurate personal information; (d) the right to opt out of the sale or sharing of personal information; and (e) the right to nondiscrimination for exercising these rights. The Company does not sell personal information to third parties. To exercise any of these rights, Passenger may contact the Company at info@temeculatastingshuttle.com with the subject line “CCPA Privacy Request.” Full details of data practices are available in the Company’s Privacy Policy at PRIVACY POLICY.
This Agreement is an enforceable electronic record under the California Uniform Electronic Transactions Act (UETA), California Civil Code §1633.1 et seq., and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. §7001 et seq. A Passenger’s electronic acknowledgment of this Agreement carries the same legal force and effect as a handwritten signature on a paper document.
The Passenger’s affirmative click of the “I Agree” checkbox, digital signature, or equivalent acknowledgment action at checkout constitutes a binding signature legally equivalent to a manually affixed signature and is sufficient to bind the Passenger to all terms of this Agreement.
Digital acknowledgment of this Agreement must occur before payment for any Ticket is processed. No Ticket is valid or may be honored unless the Passenger (or the Primary Purchaser on behalf of all Group members) has completed the digital acknowledgment. The checkout platform is configured to prevent purchase completion without this acknowledgment step.
The following exact language shall appear adjacent to the acknowledgment checkbox at checkout:
The Company shall retain a record of each digital acknowledgment, including the Passenger’s name, booking confirmation number, timestamp of acceptance, IP address, agreement version number, and the full text of the Agreement as accepted, for a minimum of four (4) years from the Tour Date, consistent with Section 20.3.
The Company reserves the right to modify, update, or amend this Agreement at any time. Material changes — those that significantly alter Passenger rights or obligations — will be posted on the Company’s Website and communicated to Passengers with confirmed Bookings at least fourteen (14) days before the effective date of the change. For Passengers with confirmed Bookings at the time a material change takes effect, the prior version of this Agreement shall govern their specific Tour Date unless the Passenger affirmatively accepts the new terms in writing. A Passenger’s use of the Service after the effective date of any amendment for any new Booking constitutes acceptance of the amended terms.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement if modification is not possible. All remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
By booking Service, completing the digital acknowledgment at checkout, boarding a Company Vehicle, or otherwise participating in the Service, Passenger represents, warrants, and agrees to each of the following:
Questions, concerns, accessibility requests, incident reports, lost property claims, or legal notices regarding this Agreement should be directed to: