Terms and Conditions

Terms and Conditions of use

ActivityKauai.com is the registered business name of Lush Latitudes LLC. (hereinafter AK.com).

Our Terms and Conditions contain legal obligations. Please read the following information carefully. This constitutes an Agreement between You (the “Customer”) and ActivityKauai.com (AK.com).

Unless otherwise stated, purchases made through AK.com are subject to these Terms and Conditions; in all booking arrangements, the person making the booking shall be deemed to have accepted these conditions, even on behalf of the persons named in the booking.

No variation to these Terms and Conditions shall be of any effect unless made in writing by and authorized by AK.com. Should a different policy apply; varying cancellation policies will be noted on the web site on tours/activities where a different policy applies. Your continued use of AK.com website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

If any of the confirmed Tour Package activities become unavailable, customer can select alternate activities, or be refunded a pro-rata portion of the Tour Package price. Please note, however, that the Tour Package remains intact.

BINDING AGREEMENT:

This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. In all matters contained in this agreement, time is of the essence. If you do not agree to be legally bound by all the following Terms and Conditions, please do not access and/or use AK.com website. By using AK.com or any AK.com-affiliated website, you agree to be legally bound by these terms, which shall take effect immediately.

Any use of AK.com web site content requires the prior written permission of AK.com. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use AK.com content, inclusive but not limited to text, images, URLs, pricing information and any other information accessed by the web site in any way except for your own personal, non-commercial use.

You agree to use AK.com website only for legal purposes, and is intended for personal, noncommercial use and/or to make legitimate requests to book the tour/activity offered. You agree not to make any speculative, false and/or fraudulent requests and agree not to use any means of automated computer programs to access this site.

WEB SITE TERMS, CONDITIONS, AND NOTICES – DEFINITIONS:

Any reference to “Customer” or “You” includes any family members, friends, employees, agents, or persons accessing and using this web site to purchase or book any product or service.

Any reference to AK.com includes its affiliates and suppliers, if any.

To the extent permitted by law, the management reserves the right to revoke the rights granted herein and refund the purchase price of the ticket.

AK.com, its affiliates and suppliers own all contents of this web site. Copyright 2014, ActivityKauai.com. All rights reserved.

SERVICES PROVIDED:

Our Customer Service provides quick and detailed responses to your questions in the shortest amount of time, usually within 24-48 hours.

AK.com provides a booking/tour service, and Customer agrees that AK.com has earned the full price of the booking service collected for processing orders whether or not Customer redeems the tickets or uses the tour/activity services requested. All tours/activities offered by AK.com are valid as per the dates displayed at the website. AK.com is not responsible or liable for any information that it does not directly provide.

AK.com charges a fee to amend or change the dates of an existing booking, but if the request is received by our Customer Service department at least seven (7) days in advance of the confirmed tour/activity date it could be waived. If you request a date change within three (3) days or less of your confirmed travel date, AK.com will attempt to honor your request subject to availability but cannot guarantee availability; however changes made three (3) days or less from your original tour/activity date could be charge an additional fee.

In accordance with the agency agreement herein, AK.com may charge a portion of the total amount you have authorized to be paid and may charge the balance of the total amount you have authorized to be paid directly to the supplier used by AK.com.

Product Validity, Modifications & Amendments

In any event that our suppliers and/or service providers make any changes or modify a tour /activity dates, prices, pick-up time, or any other change, AK.com reserves the right to cancel, change or substitute any similar service, tour, ticket or product.

 

CANCELLATIONS:

You will receive a full refund in the event we are unable to confirm your booking. Cancellations on confirmed bookings within 48 hours (2 days) of the tour/activity date and/or “no-shows” on the day of the tour/activity are non-refundable. Cancellations on confirmed bookings more then 48 hours (2 days) from tour date/time are refundable, but subject to a 10% cancellation fee. If tours are canceled by provider and can’t be rescheduled a 100% refund will be issued. All cancellations must be received by telephone or email.

Contact us between 9:00 am and 4:00 pm Pacific Standard Time (PST), or send an email explaining the cancellation to info@activitykauai.com. Please include full name under which the reservation was made, email address, the date and name of your tour/activity, the credit card information, the amount of the transaction, a telephone number where you can be reached if necessary, and a brief explanation of the reason for the credit/cancellation request.

All cancellations must be made to and approved by AK.com, not with any other individual suppliers. AK.com is not responsible for any other tour/activity arrangements affected due to cancellations, whether by the Customer or by AK.com.

 

PAYMENT AND PRICING:

All charges are made in U.S. Dollars.

All services, tours/activities, tickets are required to be prepaid by credit card at the time of booking to accept a reservation. Applicable taxes, service and/or processing fees, or any other charge, if any, are included in the quoted prices, unless the web page for the tour/activity indicates otherwise.

No refunds are available once a tour/activity has started, or any other services utilized.

All prices and availability will be confirmed to Customer within 48 hours. If your tour/activity is within the next 48 hours, your E-Ticket will be processed as quickly as possible. Any unforeseen changes in price or availability will be advised in Customer’s confirmation and E-Ticket.

Purchases may be subject to a service fee. Any applicable service and/or processing fee are included in the quoted prices. By placing an order with AK.com you are accepting the prices for the services tours/activities, tickets AK.com provides.

When paying for the tour/activity with a credit card, Customer is hereby stating that Customer is the authorized cardholder and/or that Customer has been authorized and had the cardholder consent to utilize the credit card. In the event the credit card is dishonored, rejected, or later contested for any reason, Customer agrees to pay the amount indicated on the order form to AK.com.

 

For security purposes, in some cases, is also required that you present the credit card used to purchase your E-Ticket at the time of redemption, and/or present a valid Photo ID and sign the E-Ticket. This helps us to prevent fraud. Please be advised that if your signature and/or name do not match those shown on your credit card your E-Ticket(s) can be confiscated and immediately canceled without refund.

TAXES:

There are Hawaii general excise tax (GET), in addition to county, state, and federal taxes/fees required for tours and activities purchased through our system. The amount will vary from tour to tour. Applicable taxes on your reservations, will be itemized when you add your reservation to the Shopping Cart. You will see the amount in your Cart before finalizing your purchase. This is a per-person fee.

YOUR TOTAL PRICE FOR ANY TRANSACTION, INCLUDING ALL AMOUNTS PAYABLE TO AK.com, WILL ALWAYS BE DISPLAYED TO YOU PRIOR TO PURCHASE.

GUEST CONDUCT:

Abusive or Disruptive Behavior will be not accepted – In the sole discretion of a tour or activity supplier or its guide, driver or agent, any guest deemed to engage in abusive or disruptive behavior during a tour or activity will be warned once that such behavior must cease. If the guest continues the abusive or disruptive behavior, the guest may be removed from the tour or activity and there will be no refund. Should the removal occur some distance from the tour or activity’s origination point, the guest will be deposited at a safe public location and will be responsible for providing his/her own transportation back to the origination point.

Intoxication- In the sole discretion of a tour or activity supplier or its guide, driver or agent, any guest who appears to be under the influence of alcohol or drugs may be prohibited from the tour or activity. Intoxicated guests will not be allowed to participate and there will be no refund for intoxicated guests so prohibited, or for any companions who choose to not take the tour or activity as a result.

Illegal Activity- Illegal activity of any kind by a guest will result in the tour immediately being ended by the tour guide, even if the vehicle is in a remote area. The guest(s) will be removed from the tour and law enforcement will be notified. There will be no refund.

 

CONFIRMATION AND E-TICKET:

An electronic ticket (E-Ticket/Voucher) confirmation will be provided to customer wihtnin 48 hours of booking. The E-Ticket (Voucher) will be provided to customers via email. Please print the E-ticket. It is the Customer’s responsibility to print the E-Ticket, and this can be done from any computer with an Internet connection anywhere in the world; just go to your email.

Customer must have the E-Ticket to participate in the tour/activity. There will be no refund if the customer fails to present the E-Ticket at the scheduled time. It is the Customer’s responsibility to print a copy of the E-Ticket. Customer must have the E-Ticket to take this tour/activity; there is no refund for failing to print and present your E-Ticket. If the Customer shows up without the E-Ticket, the Customer has no proof of payment. In those cases, the Customer may choose to pay again to take the tour/activity, but there will be no refund for the booking services and E-Tickets provided by AK.com. AK.com provides a booking service, and Customer agrees that AK.com has earned the full purchase price collected for processing orders whether or not Customer redeems the tickets. The customer will receive two emails from AK.com; the first email is a receipt for the Customer’s charge and an acknowledgment of the services the Customer has requested. This email is titled “Confirmation of Purchase Reciept.” This is NOT the E-Ticket, and this will not be accepted as a ticket for the tour/activity. The E-Ticket is titled “Tour Confirmation and E-Ticket”. The E-Ticket can be printed at any time after the tour/activity has been confirmed. The term E-Ticket refers to a computer document presented to a designated company or person in lieu of payment where the recipient of the document would look to the originator of the voucher for payment. Your E-Ticket/voucher is your proof of payment. The designated company or person should accept the document, provide the service to you, and obtain payment from AK.com. To whom you present the E-Ticket/voucher is essential. The E-Ticket/voucher is redeemable only by the company and at the address specified on the E-Ticket/voucher. There will be no refund for the booking services and E-Tickets.

 

RECONFIRMATION:

On some tours/activities, customer may be asked to reconfirm the tour/activity 24 to 48 hours prior to the tour/activity by calling the telephone number provided on the E-Ticket. Please read the E-Ticket carefully to see if you should call the tour/activity operator to reconfirm the tour/activity. If you need to reconfirm, please call the phone number for the tour/activity operator as the purpose of the call is to confirm the departure time and/or pick-up. When calling to reconfirm, be sure to check the time, directions and/or find out which entrance at the hotel will be used for the pick-up.

PICK-UP TIME, DEPARTURE TIME & LOCATION:

It is Customer’s responsibility to ensure that everyone in the Customer’s party is in the correct pick-up/check-in location at the correct time. AK.com recommends that a Customer’s party is ready ten (10) minutes before pick-up time or is on location twenty (20) minutes before check-in time. Customer’s E-ticket will provide the information needed regarding the pick-up time and location or departure point.

Please read the Tour/Activity Reservation Receipt and the E-Ticket clearly to ensure the correct date the Customer wishes to conduct the tour/activity has been entered. There may be no changes or refunds, so it is the Customer’s responsibility to ensure that the correct date and time are shown.

FEE FOR CHANGING NAMES, DATES AND/OR TIME:

There is a $20 fee for any changes per reservation. This fee applies only to existing orders that Customer wishes to make date and/or time changes to if the tour/activity allows changes. This does not apply to tours/activities where the web page indicates there are no changes allowed. If your requested change cannot be made, your tour/activity will remain as originally booked.

EMAIL:

AK.com system sends email automatically to one email address. Be sure the email address listed can receive email needed for this tour. Do not add other email addresses, as the system cannot send there.

 

EMAIL ACCEPTED BY CUSTOMER AS PROOF OF DELIVERY:

AK.com provides booking services and delivers E-Tickets by the Internet. Customer hereby agrees that Customer has accepted the Internet as the means of delivery for Customer’s E-Tickets. Customer further agrees that AK.com’s proof that the E-Tickets were provided online and sent by email establishes legal proof of delivery. It is Customer’s responsibility to ensure that Customer prints the E-Ticket from the email provided by AK.com. It is Customer’s responsibility to print the E-Ticket, to ensure that the email address given to AK.com is correct, that Customer’s email service is valid, that Customer’s email service provider delivers the email to Customer and does not delete it through a spam blocker or for any other reason, and that Customer does not fail to open the E-Ticket email for any reason. Even if the Customer has email problems, Customer must realize that the E-Tickets were placed online by means of an email address, and all the Customer has to do is go to any computer with an Internet connection anywhere in the world to print. AK.com’s system automatically captures this date and time as part of each Customer record.

GENERAL INFORMATION & POLICIES:

The term Customer in these Terms and this Agreement refers to the person who placed the order with Ak.com and/or the person whose credit card was used to make the purchase.

The term tour/activity is used herein to refer to services, tours, tickets, transportation, or activities that AK.com can offers.

AK.com recommends that you purchase travel insurance.

Duration of tour/activity hours is approximate.

Tours/activities may include some element of risk. AK.com assumes no liability for injuries.

No smoking in tour/activity vehicles.

Tour guide gratuity is not included and is at the Customer’s discretion.

AK.com reserves the right to alter, modify, or cancel a tour/activity due to traffic, bad weather, and unsafe conditions or at the request of governmental, park, and/or county agencies.

AK.com reserves the right to cancel or change tour/activity content and prices without prior notice.

Tour/activity routes and content are subject to change without notice; tours may not be in the order as described in the tour/activity descriptions. From time to time, some of the sights may not be available or seen.

AK.com is not responsible for delays or service interruption due to mechanical failure, accidents, traffic congestion, acts of God, or other circumstances beyond AK.com’s control.

AK.com is not responsible for lost or stolen articles left on board any form of transportation used on the tour/activity.

E-Tickets shall be null and/or void and of no value unless utilized by the customer on the date and time on the tickets. Reservations are subject to availability.

Any claim for a canceled tour/performance/event/activity shall be limited to refund of ticket price and service charge paid by the ticket holder. Such claim must be filed within 15 days after the tour/performance/event/activity was to have occurred.

To the extent permitted by law, the AK.com reserves the right to revoke the rights granted herein and refund the purchase price of the ticket. Customer agrees that it shall be responsible for complying with all laws pertaining to Customer’s travel and the use of services or attractions through the AK.com web site. AK.com shall not be responsible for any breach of this agreement caused in part or in whole for any reason outside the reasonable control of AK.com.

AK.com reserves the right to cancel this transaction and refund any amounts paid by Customer for unused and cancelable services or tours, for good cause, as determined in the sole discretion of AK.com. In some instances, cancellation fees will apply.

AK.com accepts advertising, provides Internet services for non-related entities, and provides information for parties interested in vacation travel. The acceptance of advertising, the provision of Internet services, and providing information is not, in any way, a endorsement of those entities to which such is provided. AK.com takes no responsibility for any errors in information on this site. Use the information provided on this site at customer’s own risk and liability. Please always use common sense when completing any transactions, online or otherwise. Written permission is required to copy or publish any part of this site.

LIABILITY DISCLAIMER:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS IN PARTICULAR, AK.com AND ITS AFFILIATES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUSH LATITUDES LLC. and/or AK.com ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

THE SUPPLIERS, CARRIERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR AK.com ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF AK.COM OR ITS AFFILIATES. AK.com AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

AK.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CA– USES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

 

Under no circumstances will AK.COM or its affiliates be liable for any of the following:

IN NO EVENT SHALL AK.COM, ITS AFFILIATES, AND/OR its agents, affiliates, service providers, suppliers, and/or distributors BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL losses or damages (whether such losses where foreseen, foreseeable, known or otherwise): loss of data, revenue or anticipated profits, business, goodwill or injury to reputation, suffered by third parties, or any indirect, consequential, special or exemplary damages OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE — USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO — USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE — USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECA– USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Disclaimers & Limitations of Liability

Furthermore, AK.com and its agents and suppliers accept no responsibility for any sickness, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.

AK.com content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to AK.com and/or to a AK.com-affiliated website, service provider, operator and/or distribution partner – is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

At AK.com we check and re-check the details about all the products and services we offer for accuracy. However, AK.com does not warrant that functionality, content or information contained on the web site or any AK.com-affiliated website will be uninterrupted or error free, that defects will be corrected, or that the servers that make it available are free of viruses or bugs.

INDEMNIFICATION:

Customer agrees to indemnify and hold harmless AK.com, its affiliate companies, its officers, directors, agents, and employees against any costs, fines, claims, damages, charges, or fees, including attorney’s fees, arising by reason of this transaction.

GOVERNING LAW:

This agreement shall be governed by and interpreted in accordance with the laws of the State of Hawaii, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Honolulu County, Hawaii. Customer hereby waives any objection Customer may have to personal jurisdiction in such courts. In the event Customer defaults on the terms of this agreement, Customer agrees to pay to AK.com, all costs, fees, and expenses including reasonable attorney’s fees.

CUSTOMER AGREES TO — USE OF ELECTRONIC RECORDS:

By ordering through AK.com’s website, Customer agrees to AK.com’s use of electronic records to evidence this agreement. Customer understands that Customer has the right to not consent to the use of electronic records by canceling this transaction. In such event, this will be null and void. Customer consent applies only to this transaction. Customer hereby waives any objection Customer may have to AK.com’s use of electronic records in court should it be necessary for AK.com to enforce the terms of this agreement.

ENTIRE AGREEMENT:

This agreement constitutes the entire understanding of the parties with regard to Customer’s purchase. All prior representations, oral or written, and all prior agreements, oral or written, are no longer valid; this Agreement represents the understanding between the Customer and AK.com. This agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the agreement or portion hereof.

VALIDITY OF TERMS:

If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, then the invalid or unenforceable provision will be replaced with a provision or provisions having the same economic effect.

Last Updated April 10, 2014

 

Hawaii Visitors and Convention Bureau (HVCB) Member