Terms & Conditions of Service

These Terms and Conditions of Service (“Terms and Conditions”) are applicable to our website www.ventureashore.com, the travel agent portal and the shore excursion booking and reservation services provided by us (which are referred to collectively in these Terms and Conditions as the “Service”). The Service is provided to you by Venture Ashore, LLC dba Venture Ashore; however, certain aspects of the Service may be provided by affiliates of Venture Ashore, LLC. Venture Ashore, LLC and any affiliates providing aspects of the Services are referred to collectively in these Terms and Conditions as “Company,” “we,” “us” and “our”. These Terms and Conditions and our Privacy Policy (which may be accessed here) contain the terms and conditions that govern your use of the Service, and your use of, payment for, or participation in the Service constitutes your acceptance of and agreement to these Terms and Conditions and our Privacy Policy.

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 8 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. Affirmative Representations Regarding Your Use of the Service. When you access, use or participate in the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation, and (c) if you purchase tickets or make a reservation through the Service: (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; (ii) 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 of the ship on which you, your friend, family member or client will be traveling.

2. Prohibited Use of the Service. You may only use the Service as expressly permitted by the Company. Specifically, without limitation, you may not:

A. purchase or reserve a number of tickets for an excursion, event or activity that exceeds the stated limit for that excursion, event or activity;

B. access the Service from a concealed IP address or dynamic IP address;

C. conceal, mask, obscure or replace the actual IP address, domain name and other identifying information used by you to access the Service;

D. access the service from a VPN or use a proxy server to search for, reserve, purchase or otherwise obtain tickets through the Service;

E. interfere with services provided through the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;

F. modify, creative derivative works from, reverse engineer, decompile or disassemble any technology provided through the Service;

G. 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 Service;

H. use a robot, spider or other device or process to make automated purchases through the Service;

I. impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;

J. circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of
any Materials (hereinafter defined) or enforce limitations on use of the Service or the Materials;

K. assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions; or

L. use the Service for any unlawful purpose.

3. 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 via phone 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:

        1. (for major changes) accepting the changed arrangements
        2. having a refund of all monies paid or
        3. 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 clause D) 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. 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.

E. 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.

F. 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.

G. 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.

H. 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.

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.

4. Cancellation and Refund Policy; Pricing and Back to Ship Guarantee

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 phone (Insert link to Contact Us page) 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 (but see Paragraph 9).

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.

5. 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. 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.

D. 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.

6. Our Intellectual Property Rights.

All of the content on the Service and the trademarks, service marks, and logos contained on the Service (“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 Service and the Materials are for your information and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

7. 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. 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, affiliates, subsidiaries and parent entities (“Released Parties”) assume no liability or responsibility whatsoever for 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 claims, damages, costs or expenses arising from any of the foregoing.

D. No Special Damages. In no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising 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.

8. 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 phone 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 8(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 7(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 8(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. 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.

9. 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. .

10. 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.

11. 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.

12. Assignment. We may assign our rights under these Terms and Conditions without your approval.

13. 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.

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