Terms & Conditions of Service
Notice Regarding Dispute Resolution: These Terms and Conditions include provisions that govern how claims you and we may have against each other are resolved (see Section 5 below), including an agreement and obligation to arbitrate disputes which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration. Accordingly, (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis and in arbitration.
1. Terms of Purchase.
A. Booking Your Excursion. Subject to availability, a reservation is made through the Service when you:
1. tell us that you would like to accept our written quotation via email or make an online reservation; and
2. you pay us a deposit of 25% of the reservation cost if booking more than 120 days from departure, or full payment; and
3. we issue you with a booking confirmation.
We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your reservation and will be sent to you or your travel agent.
B. Reservation Changes By You. Any change that you may wish to make with regard to any reservation that you make through the Service must be requested through the Company, and not the third party provider of the services or products you purchased, if applicable. You may contact the Company at [email protected] or by contending us using the information on our Contact Us page at https://www.ventureashore.com/contact-us/ to request changes to a reservation made through the Service. Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change. You should be aware that tour costs may increase closer to the scheduled tour date and so you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original reservation we will treat this as a cancellation request by you and our cancellation policy will apply. A cancellation fee may apply (see below).
Please Note: Certain arrangements may not be amended after they have been confirmed and any changes could incur a cancellation charge of up to 100% of that part of the reservation (details are given in the descriptions of the arrangements in question).
C. Reservation Changes By Us. It is unlikely that we will have to make any changes to your reservation, but occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them as soon as possible.
Occasionally we may have to make a major change to your confirmed arrangements. Examples of a “major change” would be a significant change to your itinerary, missing out one or more destinations entirely, or where a cruise ship arrives late at the destination where your arrangements are to take place and consequently you are unable to join the excursion for all or a significant proportion of it. We also reserve the right in any circumstances to cancel your reservation. For example, if the minimum number of clients required for a particular arrangement is not reached, we may have to cancel it.
If we have to make a major change or cancel, we will tell you or your travel agent as soon as possible and if there is time to do so before the excursions are due to commence, we will offer you the choice of:
- (for major changes) accepting the changed arrangements
- having a refund of all monies paid or
- accepting an offer of alternative arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements. The above sets out the maximum extent of our liability for changes and cancellations and we shall not be liable for any expenses or losses you may incur as a result of change or cancellation. Very rarely, we may be forced by “force majeure” (see paragraph L of this section) to change or terminate your arrangements after departure. If this situation does occur, we shall not make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
D. Tickets. Following receipt of your full payment, and the issue of our confirmation, you will usually receive any entrance tickets you have booked within 28 days; unless you make your reservation within 28 days of departure of your cruise, in which case we will endeavour to provide your tickets within 48 hours. However, we also reserve the right to despatch tickets up to 14 days prior to the departure date of your cruise, where necessary. In these circumstances, we will keep you updated as to when you might receive them. We send e-tickets for bookings unless otherwise stated. Tickets have a high monetary value. You should treat them as you would your cash or passports and keep them safe at all times. It is your responsibility to provide a correct and suitable delivery e-mail address.
C. Special Requests. Any special requests must be advised at the time of booking in writing. While every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
F. Guests with Accessibility Needs. Company makes reasonable efforts to offer excursions, activities and events through the Services that can accommodate guests with limited mobility, who require the use of a wheelchair, or require other accessibility accommodations. Such excursions, activities and events are designated within the Service as being accessible. Should a guest requiring accommodation reserve an excursion, activity or event not so designated, (i) Company bears no responsibility or liability whatsoever for any resulting dissatisfaction, injury, or damage; (ii) the excursion, activity, or event vendor may decline to honor the reservation if, in its sole opinion, the guest’s participation may jeopardize the guests health or safety or create undue hardship for vendor; and (iii) Company shall not be obligated to provide any refund to the guest should the excursion, activity or event vendor decline to provide service. Please contact Company at [email protected] or via phone with any accessibility-related questions.
G. Pricing. The prices listed on the Service are per person, unless otherwise specified. These prices are subject to change without prior notice, until your purchase is confirmed by the Company. Prices confirmed at the time of purchase are honored for the date of the reservation. The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included on the Service. Full payment, or a deposit for reservations more than 4 months from the tour date, by a payment card is necessary to make a purchase of services or products through the Service. We do not charge a service fee for processing credit card payments.
H. Accuracy. We endeavour to ensure that all the information and prices on our website are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
I. Back to Ship Guarantee. For all excursion reservations that include transportation to and from the cruise port, we guarantee to get you back to your ship in time for your cruise ship’s departure. If for reasons beyond our control, for example road accidents etc. you are not able to reach your ship in time, we will reimburse your expenses to travel to the next port of call on your itinerary up to USD $500 per person and will assist in making travel arrangements. Please retain all travel receipts and submit to us via email at [email protected] within 14 days.This policy is void in instances where delay is caused by your own actions and/or you have deviated from the excursion. Failure to follow your guide’s instructions regarding meeting times and locations for return transportation will void this guarantee. Reservations where transportation is not included and is at your discretion do not include a back to ship guarantee.
J. Passport, Visa And Immigration Requirements And Health Formalities. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. For certain arrangements, we will require you to provide us with certain passport / visa information. Where this is the case, we will advise you of the information required in good time before your ship sail date.
K. Your Behavior. All people taking part in our arrangements are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other participants. Additionally, all people taking part in our arrangements must abide by the terms and conditions of third-party suppliers as well as all laws, regulations and policies established by national or local governments or authorities (including public health authorities). If in our opinion or in the opinion of any person in authority, your behavior or that of any member of your party is (i) causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party; (ii) causing or is likely to cause damage to property (iii) causing or likely to cause a delay or diversion to transportation; (iv) in breach of any term or condition of third party suppliers; or (v) illegal or in violation of any regulation or policy established by national or local governments or authorities (including public health authorities), we reserve the right to terminate your arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost services will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier prior to the conclusion of the arrangements. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your arrangements or with us.
L. Force Majeure. Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, pandemic, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control.
2. Cancellation and Refund Policy
A. If you wish to cancel a reservation you make through the Service, you may do so in the company’s website or by contacting us via the contact information on our Contact Us page at https://www.ventureashore.com/contact-us/ or via email to [email protected]
B. Except for nonrefundable reservations described in paragraph E of this section, if you cancel a reservation that you made through the Service seven (7) or more days in advance of the date and time of the excursion in local time, your payment for that reservation will be refunded in full.
C. If you cancel a reservation that you made through the Service six (6) or less days in advance of the date and time of the excursion in local time, you will not be entitled to any refund for that reservation unless cancellation is a result of (i) your ship’s inability to dock and/or disembark passengers; or (ii) the excursion, event or activity vendor’s inability to operate your respective excursion, event or activity and written notice is received by us within twelve (12) days. A refund will not be made for cancellations for any other reason whatsoever (however see paragraph F below for additional cancellation flexibility available to those who opt to purchase Ticket Assurance).
D. Applicable refunds will be processed within fourteen (14) days of the date we receive your cancellation request back to the original method of payment.
E. Some reservations may have unique cancellation terms, including (i) group reservations, (ii) custom reservations or (iii) reservations that include certain add-on services requiring material time or expense by Company or Vendor to arrange. Any unique cancellation terms, if applicable, will be provided along with your booking confirmation and will supersede the cancellation provisions in this section. Any reservation designated as nonrefundable, once paid and confirmed, is nonrefundable regardless of reason for reservation cancellation, including cancellation by the excursion, event or activity vendor or inability of your ship to dock and/or disembark passengers.
F. Trip Cancellation Insurance; Ticket Assurance. You are strongly encouraged to protect your travel investment by purchasing travel insurance or Ticket Assurance. Ticket Assurance is available from the Company and may be purchased through the Service at checkout. Guests who have purchased Ticket Assurance may cancel a reservation made through the Service up to twenty-four (24) hours in advance of the scheduled excursion, event or activity for a full refund, minus the cost of Ticket Assurance. The cost of Ticket Assurance is nonrefundable under any circumstances and may be unavailable (at Company’s discretion) for some reservations.
3. Our Management of the Service
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms and Conditions and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms and Conditions; (iii) refuse or restrict access to or the availability of the Service if you violate these Terms and Conditions, the law or any of our policies; (iv) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (v) screen our users, or attempt to verify the statements of our users; and/or (vi) modify the Services at any time for any reason.
B. Our Right to Terminate Users. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions, or of any applicable law or regulation.
C. Changes to Terms. We may update or revise these Terms and Conditions or any other policies related to the Service at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here.
4. Independent Contractors; Warranty Disclaimer; Limitation of Liability; Damages
A. Independent Contractors. You acknowledge that the Company contracts with various independent contractors for the provision of excursions, events and activities displayed and booked through the Service.. The Company makes arrangements with these independent contractors solely for your convenience and you are required to abide by the terms and conditions of such independent contractors. Company does not act on behalf of, control or supervise the parties, entities, or persons who own, furnish or operate such excursions, events or activities as independent contractors and Company has no authority to control or direct the means of transportation or any other aspect of the services furnished by independent contractors.
B. Disclaimer of Warranties. All Materials or items provided through the Service are provided “AS IS” and “AS AVAILABLE,” without warranty or conditions of any kind. By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, or that we believe any materials or items to be accurate, useful or non-harmful. We make no warranties or representations about the safety, accuracy, reliability, timeliness or completeness of any third party vendor’s service, content, information or any other third party items or materials displayed on the Service. You agree that your use of the Service and participation in any excursion, event or activity reserved or booked through the Service will be at your sole risk. You and all passengers assume all risk of danger and injury when participating in the Service. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied in connection with the Service and your use of the Service.
C. Limitation of Liability. Company along with its officers, directors, employees, representatives, agents, licensors, suppliers, affiliates, subsidiaries and parent entities (“Released Parties”) assume no liability or responsibility whatsoever for damages of any kind arising out of or in connection with the Service, including but not limited to any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (A) errors, mistakes or inaccuracies of content and materials on the Service, (B) your access to and use of the Service or participation in any excursion, event or activity you purchase through the Service, (C) any act or omission of any independent contractor including but not limited to any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any independent contractors or their employees or agents in performing these services, (D) any defect in or failure of any vehicle, equipment, instrument owned or operated by any independent contractor, (E) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of Company (F) any unauthorized access to or use of our secure servers and/or any and all personal information stored on our servers, (G) any interruption or cessation of transmission to or from the Service, and/or (H) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party. You agree to release, hold harmless, and indemnify the Released Parties from and against any actual or threatened claims, actions or demands, liabilities, damages, costs or expenses (including, without limitation reasonabale legal and accounting fees) arising from any of the foregoing or from from your use of any Service in any manner that violates or is alleged to violate applicable law or these Terms and Conditions. This provision does not require you to indemnify the Released Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
D. No Special Damages. This is a comprehensive limitation of liability that applies to all damages of any kind. In no event shall we be liable to you or any third party for any direct, indirect, consequential, incidental, special or punitive damages, loss of data, income or profit, loss of or damage to property and claims of third parties from your use of the Service. Notwithstanding anything to the contrary contained in these Terms and Conditions, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms and Conditions, whether in contract, tort, breach of duty or in any other way shall not exceed the amount of any payments made by you to Company.
5. Legal Disputes and Agreement to Arbitrate
Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
A. Initial Dispute Resolution. We are available at [email protected] or via the contact information on our Contact Us page at https://www.ventureashore.com/contact-us/ to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved by informal means. The Company will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 5(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
C. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 5(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 5(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Delaware and the parties expressly consent to exclusive jurisdiction of the courts thereof.
F. Choice of Law. These Terms and Conditions shall be construed, and any dispute between the parties determined, under the laws of the state of Delaware, United States of America.
6. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.
7. Severability. These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
8. Assignment. We may assign our rights under these Terms and Conditions without your approval.
9. No Third Party Beneficiaries. These Terms and Conditions constitute an agreement entered into between you and the Company. There are no third party beneficiaries to this agreement.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
1. Eligibility to Use Sites
The Sites are not targeted, nor intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES. By accessing, using and/or submitting information to or through the Sites, you represent that you are at least age 18.
2. Affirmative Representations Regarding Use of Sites
When you access, use, or participate on the Sites, you represent that:
a. the information you submit is truthful and accurate;
b. your use of the Sites and your use of services available on the Sites do not violate any applicable law or regulation, and
c. if you purchase Services through the Site:
i. you are making the applicable purchase or reservation on your personal behalf or on behalf of others, friends or family members with their consent, or as an agent on behalf of your client;
the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you;
iii. the e-mail address you provide to us in connection with making a reservation or purchase is unique and personal to you; and
iv. you have confirmed that the Services you reserved or purchased correspond with the itinerary and/or details of the service on which you, your friend, family member or client will be participating.
3. Prohibited Use of Sites
You may only use the Sites as expressly permitted by these Terms. Specifically, without limitation, you may not:
A. purchase or reserve a number of tickets for a Service that exceeds the stated limit for that Service;
B. interfere with services provided through the Sites by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
C. modify, creative derivative works from, reverse engineer, decompile or disassemble any technology provided through the Sites;
D. interfere with, or disrupt the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, or scripting in such a manner as to interfere with or create an undue burden on the Sites;
E. use a robot, spider or other device or process to make automated purchases through the Sites;
F. impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;
G. circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”) or enforce limitations on use of the Sites or the Materials;
I. use Sites to cause harm or damage to any person or entity;
J. any of the following actions are strictly prohibited: Man-in-the-Middle behavior, Denial of Service, Distributed Denial of Service, SQL Injections, executing zero-day exploits, cross-site scripting, brute force or other password cracking techniques, any other actions designed to, including but not limited to, disrupt or interfere with Service or function of the Sites unless explicitly agreed to in writing by Hornblower Group as part of penetration test or other security test; or
K. use the Sites for any unlawful purpose or prohibited by these Terms.
4. Changes to Terms, Sites, and Services
We may update or revise these Terms or any other policies related to the Sites at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms because they are binding on you to the fullest extent permissible by applicable law. Your continued use of the Sites after any changes or modifications to the Terms or other policies are posted will be considered acceptance of those changes or modifications.
We are constantly improving the Services and Sites to provide a better experience for its guests and users. You acknowledge and agree that the Sites, or certain features, content, specifications, products, and prices contained thereof, may change from time to time without notice to you. Any update to the Sites or Services that enhances or modifies the current Sites and Services are subject to these Terms. You acknowledge and agree that we may decline to provide access to our Sites or stop providing the Sites or any feature, content, or portion thereof to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Sites at any time.
6. Use of Sites on Mobile Device
If you use a mobile device to access the Sites, you agree that you are solely responsible for all messages and data charges that apply for use of your mobile device to access the Sites. All such charges are billed by and payable to your mobile service provider. You acknowledge that wireless service may not be available in all areas at all times and may be affected by changes made by your service provider.
In order to use the Sites made available through our mobile applications, you must have a compatible mobile device. From time to time, our mobile applications may require the downloading and installation of updates or new versions for continued use or functionality. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality available in prior versions.
Our mobile applications are designed to integrate with elements of your device’s native functionality. If you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you choose not to provide certain personal or location data, some features of our mobile applications may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application.
7. SMS/Text Messages
When you opt-in to receive alerts from our SMS/Text messaging program, (“Text Service”), we will send you a message to confirm your signup. Message and data rates may apply. Message frequency may vary and we will also send service alerts as applicable. Text “HELP” for help. Text “STOP” to cancel.
You can cancel this service at any time. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to 289397. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers include AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8. Third Party Links and Services
The Sites may link to, interact with, or be available on websites, applications, platforms, and services or products operated and owned by third-parties (“Third Party Sites”) such as social media providers. If you access such Third Party Sites or products, note that different terms and privacy policies may apply to your use of the Third Party Sites or products.
None of the links to the Third Party Sites is deemed to imply that we endorse the Third Party Sites or any content contained therein. We do not control or monitor the content, functionality or accuracy of Third Party Sites. You use Third Party Sites at your own risk. We have no liability for any damages or loss alleged to be caused in connection with any use of or reliance on any content, services, or purchases available on or through any Third Party Site.
9. User Content
Any and all content, comments, feedback, questions or other communications (collectively “User Content”) that you submit or post on the Sites shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever to the Company. We will be free to use any content contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer malware of any form, or other harmful files, (VI) redirect traffic to any third party sites that are engaged in phishing practices or contain malicious software. You are solely responsible for the User Content and you hereby agree to indemnify and hold the Company harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
10. User Account
You may choose to create and register for an account to use certain features of the Sites such as the Rewards Program, Manage My Booking portal, or customer preference center.. If you choose to create an account, you agree to (a) create only one account on the Sites, (b) provide honest, accurate, current, and complete information regarding yourself and/or anyone you may be purchasing Services on behalf of, (c) keep your profile, contact, and other account information updated and accurate, (d) maintain the confidentiality of your account and password , (e) notify us if you discover or suspect that your account has been hacked or its security breached. Regardless of whether or not you create a User Account, but accessing our Services or Sites, you agree to never attempt to access a User Account that does not belong to you. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password and you accept all risks for any unauthorized use of your account. We may revoke your right to have an account at any time at our sole discretion without notice.
11. Our intellectual Property Rights
All of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”), are owned by or licensed to us and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. The Sites and the Materials are for your information and not for commercial exploitation. We reserve all rights in and to the Sites and the Materials. If you download or print a copy of the Materials and/or any portion of the Sites for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials and/or Sites. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites or Material. All rights not expressly granted herein are reserved.
12. Electronic Communications
When you communicate with us via the Sites or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication. If we receive malicious electronic communications from a source that is associated with you, we reserve the right to take actions consistent with maintaining the integrity or our service and Sites.
13. Legal Disputes and Agreement to Arbitrate
Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
a. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Sites or Services. Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 13(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Sites and/or Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
c. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 13(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
e. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 13(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Delaware and the parties expressly consent to exclusive jurisdiction of the courts thereof.
f. Choice of Law. These Terms and Conditions shall be construed, and any dispute between the parties determined, under the laws of the state of Delaware, United States of America.
g. If you take an action against our Services or Sites that it determined to be malicious or illegal, we reserve the right to collaborate with and share your information with authorities without reservation.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (“HORNBLOWER GROUP”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SITES OR SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Hornblower Group for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites.
15. Disclaimer of Warranties
ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SAFETY, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY THIRD PARTY VENDOR’S SERVICE, CONTENT, INFORMATION OR ANY OTHER THIRD PARTY ITEMS OR MATERIALS DISPLAYED ON THE SITES. YOU AGREE THAT YOUR USE OF THE SITES AND PARTICIPATION IN ANY SERVICES RESERVED OR BOOKED THROUGH THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITES AND YOUR USE OF THE SITES, INCLUDING THAT THE SITES ARE MERCHANTABLE, RELIABLE, COMPLETE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, FREE OF DEFECTS OR VIRUSES, NON-INFRINGING, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF SITES BY ANY USER IS IN COMPLIANCE WITH THE LAWS APPLICABLE TO THAT USER, OR THAT THE INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, AND/OR SECURELY TRANSMITTED OR RECEIVED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
16. Disclaimer of Liabilities
SUBJECT TO APPICABLE LAW, COMPANY, ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND PARENT ENTITIES (“RELEASED PARTIES”) DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES, INCLUDING (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS ON THE SITES, (B) YOUR ACCESS TO AND USE OF THE SITES OR PARTICIPATION IN ANY SERVICE YOU PURCHASE THROUGH THE SITES, (C) ANY ACT OR OMISSION OF ANY INDEPENDENT CONTRACTOR INCLUDING BUT NOT LIMITED TO ANY WRONGFUL, NEGLIGENT, WILLFUL, OR UNAUTHORIZED ACTS, DEFECT, OMISSIONS OR DEFAULT ON THE PART OF ANY INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES OR AGENTS IN PERFORMING THESE SERVICES, (D) ANY DEFECT IN OR FAILURE OF ANY VEHICLE, EQUIPMENT, INSTRUMENT OWNED OR OPERATED BY ANY INDEPENDENT CONTRACTOR, (E) ANY WRONGFUL, WILLFUL, OR NEGLIGENT ACT OR OMISSIONS ON ANY PART OF ANY OTHER PARTY NOT UNDER THE DIRECT SUPERVISION, CONTROL OR OWNERSHIP OF COMPANY (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVERS, (G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, AND/OR (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES. AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO COMPANY.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of the applicable right or provision.
These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights under these Terms without your approval.
20. No Third Party Beneficiaries
These Terms constitute an agreement entered into between you and the Company. There are no third party beneficiaries to this agreement.
21. Digital Millennium Copyright Act (“DMCA”)
If you believe any material available via the Sites infringes a copyright you own or control, please notify our designated copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”). Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.
Hornblower Guest Services Team
Pier 3, Hornblower Landing
San Francisco, CA 94111
Please note that, in accordance with the DMCA, if you knowingly misrepresent that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, by any online service provider, or by any copyright owner who is injured as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing and/or in replacing the removed material or activity. If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate or suspend the accounts of any users who infringes another’s intellectual property right, whether or not there is any repeat infringement.
22. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Sites is
Pier 3, Hornblower Landing
San Francisco, CA 94111
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who has registered to use the Sites and/or who have posted content or information on the Sites, can request that such information be removed from the Sites by contacting us at [email protected]. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.