Agreement between Oahu Nature Tours, Inc. and Customer
Use of the website Oahu Nature Tours, Inc. and affiliated websites (the “Website”) is conditional upon the terms and conditions set forth in this Agreement. The terms “we”, “us”, “our”, and “Oahu Nature Tours” refer to Oahu Nature Tours, Inc, a Hawaii corporation. The term “you” and “your” refers to any customer visiting the Website or using the Website to book a reservation through us. This Agreement describes your responsibilities as a user of this website and limits the liability of Oahu Nature Tours, Inc. and other third party suppliers of travel related services provided or offered on the Website, including but not limited to airfare, hotel, car rental, boat rental and other voucher reservation services (collectively referred to herein as “Third Party Suppliers”).
Terms and Conditions of Booking
We operate as an activity agency and activity provider.
We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those service providers in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
Ratings – All of the ratings and reviews of the activity providers are proprietary to our methods of review and not based on any independent agency review. In many cases the level of review is a “star” rating, whereby more stars equals a higher rating. We do not guarantee the accuracy of the ratings and make no guarantee about the availability of specific products and services that may be offered. We strongly recommend that prior to any booking each user do their own independent review of any activity offered on our Website.
Travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.
We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, this is including but not limited to procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the user.
Oahu Nature Tours, Inc. and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website or used by Oahu Nature Tours, Inc., in addition to other marks not listed herein, are registered service marks of Oahu Nature Tours, Inc. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website may be owned by a third-party. The use on the Website of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Website or services provided by Oahu Nature Tours, Inc. by any such third party, or the participation by such third parties in the offering of goods or services through the Website.
Third Party Activity Suppliers
In addition to the terms and conditions set forth herein, Third Party Suppliers may impose terms or conditions, including, but not limited to, payment terms and rules and restrictions regarding availability and use of fares, products and services. By electing to deal with a Third Party Supplier through the Website, whether or not selected by you or by Oahu Nature Tours, Inc., you agree to abide by the terms and conditions of purchase imposed by the Third Party Suppliers and that any violation of those terms may result in cancellation of your reservation or purchase, in denial of access to products or services, in forfeiture of any monies paid for such products or services, and in Oahu Nature Tours, Inc. debiting your account for any costs we incur as a result of such violation. You may be able cancel or change an activity reservation in accordance with the terms of the relevant individual activity cancellation policy, which usually allows changes and/or cancellations by providing between 48 to 72 hours’ notice prior to your check-in date. You acknowledge that some partner vendors might not permit changes to or cancellations of reservations after they are made and you agree to pay any cancellation charges or change fees that may apply.
Hotel, airline, car rental, cruise and other travel service providers’ cancellation policies, terms and conditions of purchase, and rules and restrictions regarding availability and use of fares, products and services may vary. You are solely responsible for checking the cancellation policies, terms and conditions of purchase, and rules and restrictions of the Third Party Suppliers.
You agree that the tour services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. Separate terms and conditions might apply to your reservation and purchase of tour-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the suppliers rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such suppliers conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in OAHU NATURE TOURS, INC. debiting your account for any costs OAHU NATURE TOURS, INC. incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed on your behalf, whether or not such uses were performed with your consent.
While Oahu Nature Tours, Inc. endeavors to publish and maintain accurate prices and information for the services offered on the Website, Third Party Suppliers may change prices for their products or services without notice. It is your responsibility to contact us regarding any changes or variations to the information provided on the Website, which will allow us to advise you or your agent of any such changes we are aware of either before you book your reservation or prior to your departure. Oahu Nature Tours, Inc. is not responsible if a product or service is provided to Oahu Nature Tours, Inc. at an incorrect price or with incorrect information, whether due to typographical or other error and we reserve the right to refuse or cancel any of your requests and/or reservations even if the order has been confirmed and/or your credit card has been charged. If your credit card has been charged for a booking and the booking is cancelled because of incorrect information provided by a Third Party Supplier, we will issue a credit to your credit card in the amount of the charge for that booking. In the event Oahu Nature Tours, Inc. corrects any pricing errors on pending reservations made on the Website under an incorrect price, you will have the opportunity to keep your pending reservation at the correct price, or, at your own option, you may cancel your reservation without penalty.
Payments and Taxes
Oahu Nature Tours, Inc. operates both as a vendor and also as a travel agency for other eco-minded travel partners and provides reservation booking services for other travel related services. Our booking system does NOT charge any extra service or processing fees. The price you see on our site will have only the standard Hawaii Sales Tax or local Marine Tax calculated at the checkout.
You acknowledge that we may pre-negotiate certain rates with activity vendors to facilitate the booking of reservations on your behalf. When you book an activity through the Website, you agree to pay and you authorize us to charge your credit card for the total reservation price, which includes the activity rate and the tax displayed on the Website. By submitting a reservation request, you authorize us to facilitate your activity reservation, including making payment arrangements with the activity suppliers. We are also a vendor collecting and remitting taxes to the applicable taxing authorities. All taxes are remitted to the applicable Third Party Suppliers and we are not a co-vendor associated with the vendor with whom we book or reserve customer’s travel arrangements. The type of tax charged by a particular Third Party Supplier will vary depending upon the type of service and the location of the Third Party Supplier or their services.
All prices shown on the Website are in United States Dollars unless otherwise indicated. All rates provided on the Website are subject to change without notice.
Content and License
The Content on the Website is proprietary to us and in some cases to the Third Party Suppliers and other third parties. The Website is provided solely to assist users with making legitimate reservations or otherwise transact business with Third Party Suppliers. Oahu Nature Tours, Inc. grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in this Agreement. Except as otherwise provided in this Agreement, no other rights or licenses are granted. Any rights not granted herein are expressly reserved. With the exception of making limited copies of your personal travel itinerary or related documents, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, sell or re-sell any information, material, Content, software, products or services contained in or provided by the Website. You also agree not to, without the express written permission of Oahu Nature Tours, Inc., hyperlink to any page of the Website except for the Website’s homepage and not to hyperlink any aspect of the Website for commercial purposes. You also agree not to: access, copy or monitor any content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measure employed to prevent or limit access to the Website; take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on the Oahu Nature Tours, Inc. infrastructure; deep-link to any portion of the Website (including, without limitation, the purchase path for any travel services) for any purpose; copy, “mirror,” or otherwise incorporate any part of the Website into any other website or other material or medium without our prior written permission; deliver any unlawful posts or advocate illegal activity through any posts, to or through the Website; deliver or provide links to any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, insulting, threatening, tortious, criminal, harassing, victimizing, intimidating, hateful, defamatory, false or libelous, or otherwise objectionable; deliver any posts that infringe upon the intellectual property rights of others, including, without limitation, copyrights, trademarks, patents and trade secrets; use the Website in any manner which could damage, disable, overburden, impair or interfere with the use of the Website or users’ computer equipment, or cause damage to or disrupt the functionality of any software, hardware or telecommunications equipment; attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website by any means; and obtain or attempt to obtain any materials or information not intentionally made available to the site by any means.
Oahu Nature Tours, Inc. reserves the right to deny access to the Website, Oahu Nature Tours, Inc.’s products or services, and/or your account, at any time and for any reason, including, but not limited to, any violation of this Agreement.
User Accounts and Submissions
If you register to utilize an account in connection with the Website, you agree that it is your responsibility to maintain the currency, completeness and accuracy of your registration. Any loss of the information provided in connection with such registration is your responsibility. You agree to safeguard and supervise your account and account information and to be responsible for use of your account by you or anyone else. You agree to notify us of any unauthorized use of your account; however, we are not liable for any loss that you may incur as a result of that unauthorized use.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that OAHU NATURE TOURS, INC., Inc. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
We take no responsibility and assume no liability for any Submissions and you acknowledge that any reliance on material posted by other users is at your own risk.
Warranty Disclaimers and Limitations of Liability
Oahu Nature Tours, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY OR CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE BY NO MEANS CONSTITUTES SPONSORSHIP OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WORKMANSHIP EFFORT, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ALL OF THE INFORMATION, CONTENT, SOFTWARE PRODUCTS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, ITS SERVERS, ANY ELECTRONIC TRANSMISSIONS AND/OR ANY ELECTRONIC MAIL SENT FROM US OR FROM OUR AFFILIATES OR THIRD PARTY SUPPLIERS IS FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR ANY FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR INTERRUPTIONS IN THE RECEIPT OF TICKET ORDERS.
THE INFORMATION, PRODUCTS, SOFTWARE AND SERVICES PROVIDED ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BUT NOT LIMITED TO PRICING ERRORS. Oahu Nature Tours, Inc.., ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES AND AGENTS, ARE NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY INFORMATION OR DESCRIPTION OF THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES CONTAINED IN OR PROVIDED BY THE WEBSITE OR THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED REGARDING ACTIVITIES, VOUCHERS AND OTHER TRAVEL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.
THE THIRD PARTY SUPPLIERS AND ANY OTHER CARRIER, HOTEL OR OTHER SUPPLIER OF TRAVEL OR OTHER SERVICES OFFERED ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF Oahu Nature Tours, Inc. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES OR AGENTS. Oahu Nature Tours, Inc. IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF SUCH SUPPLIERS. Oahu Nature Tours, Inc. SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUNDS, EXCEPT AS OTHERWISE PROVIDED HEREIN, FOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND SHALL HAVE NO FURTHER RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RELATING TO SAME. Oahu Nature Tours, Inc. IS NOT RESPONSIBLE FOR ANY THIRD PARTY SUPPLIER’S BREACH OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT RESPONSIBLE FOR ANY OTHER WRONGDOING BY A THIRD PARTY SUPPLIER, INCLUDING ANY LIABILITY IN TORT, FOR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE.
IN NO EVENT SHALL OAHU NATURE TOURS, INC., INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OAHU NATURE TOURS, INC., INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALL AIRFARE BOOKINGS ARE SUBJECT TO THE AIRLINES CONTRACT OF CARRIAGE.
IF, DESPITE THE LIMITATIONS ABOVE, Oahu Nature Tours, Inc., ITS AFFILIATES OR THE THIRD PARTY SUPPLIERS, ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, YOU AGREE THAT THE LIABILITY OF Oahu Nature Tours, Inc., ITS AFFILIATES AND/OR THE THIRD PARTY SUPPLIERS WILL IN NO EVENT EXCEED THE TOTAL CHARGE TO YOU FROM Oahu Nature Tours, Inc. IN CONNECTION WITH SUCH TRANSACTION.
While Oahu Nature Tours, Inc. may link to third party websites and third party websites may link to the Website, Oahu Nature Tours, Inc. does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to Oahu Nature Tours, Inc. or that Oahu Nature Tours, Inc. has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by Oahu Nature Tours, Inc. of the third party or of the information, content, products or services of the third party.
Personal items, such as a bag or purse or camera bag, that will be placed on a lap may be brought on tours, but carry-on luggage is not permitted. Guests who bring carry-on luggage may be refused boarding or may be charged for an additional seat when possible. Belongings may not be left/stored on vehicles while guests are not present.
Jurisdiction and Provisions
This agreement is governed by the laws of the State of Hawaii, USA. You hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in Honolulu County, Hawaii, in all disputes, cases and controversies arising out of or relating to the use of this Website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Any problem or dispute arising out of your use of the Website and this Agreement shall be reported to us immediately by calling our Customer Service number at 808-924-2473. Any claim or cause of action arising from or relating to your use of the Website and/or this Agreement, must be brought within 3 months from the date on which such claim or action arose or accrued. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and OAHU NATURE TOURS, INC., Inc. with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and OAHU NATURE TOURS, INC., Inc. with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. Any rights not expressly granted herein are reserved.