{"id":3397,"date":"2023-05-02T17:34:10","date_gmt":"2023-05-02T17:34:10","guid":{"rendered":"https:\/\/hawaiisail.com\/?page_id=3397"},"modified":"2023-05-02T17:34:10","modified_gmt":"2023-05-02T17:34:10","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/hawaiisail.com\/terms-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Terms &amp; 100% Refund Policy<\/h2>\n\n\n\n<ul>\n<li>Book comfortably knowing that you can cancel for a\u00a0<strong>100% Full Refund<\/strong>\u00a0with just 48 hours advance notice. Exceptions apply*\n<ul>\n<li>*Tours with airfare are non-refundable.<\/li>\n\n\n\n<li>*Groups of 8 or more in the party require 7 days notice.<\/li>\n\n\n\n<li>*Please look at the cancellation policies for individual tours as they will override cancellation policies on this page.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>Any cancellations or changes made within 48 hours of the activity check-in time are non-refundable. This includes tours booked within this time.<\/li>\n\n\n\n<li>No-Shows are non-refundable.<\/li>\n\n\n\n<li>All cancellations must be emailed to&nbsp;<strong><a href=\"mailto:info@hawaiisail.com\">info@hawaiisail.com<\/a><\/strong>&nbsp;or through the&nbsp;<a href=\"https:\/\/hawaiisail.com\/contact-us\/\"><strong>contact us page<\/strong><\/a>. Confirmation number and the name on the reservation must be included. Phone cancellations and voicemails do not qualify for refunds.<\/li>\n\n\n\n<li>When you purchase a tour it is not confirmed until we send you a confirmation email. Occasionally, the tour operator will have an error in availability and cannot confirm a tour. In such cases, our concierges will work to find you an alternative time or tour.<\/li>\n\n\n\n<li>Occasionally, Tour operators must cancel a tour for reasons such as weather or safety. In such cases, tours that have not departed&nbsp;will include a full refund. Tours that have begun, but were not completed will be partially refunded. Weather related cancellations are at the discretion of the tour operator.<\/li>\n\n\n\n<li>It is the guest\u2019s responsibility to be at the check-in\/pick-up location at the time<br>scheduled.&nbsp;Failure to check-in&nbsp;at the correct location or the correct time is considered&nbsp;a no-show and will not&nbsp;be rescheduled or refunded.<\/li>\n<\/ul>\n\n\n\n<h4 class=\"wp-block-heading\">Other Tour Cancellation Policies<\/h4>\n\n\n\n<p>Rescheduling is not allowed within 48 hours of the tour.&nbsp;Because this is within the 48 hour cancellation policy, it is non-refundable.<\/p>\n\n\n\n<p>It is the guest\u2019s responsibility to be at the check-in\/pick-up location at the time scheduled.&nbsp;Failure to check-in&nbsp;at the correct location or the correct time is considered&nbsp;a no-show and will not&nbsp;be rescheduled or refunded.<\/p>\n\n\n\n<p>Your confirmation email will be sent to you after the tour has booked. The confirmation email contains your pick-up location (if transportation is purchased) and time.&nbsp;If, for any reason, you do not receive the confirmation email, please&nbsp;<a href=\"https:\/\/hawaiisail.com\/contact-us\/\">contact&nbsp;<\/a>us. &nbsp;If you do not contact us to request a confirmation email, it will be assumed that you have received it and&nbsp;you will be responsible for being at the pick-up location at the specified time.<\/p>\n\n\n\n<p>We reserve the right to change your tour time to another time within 4 hours of your requested time. This prevents you from missing out on an available time. You will see the tour time on the confirmation. Please email us immediately upon receipt if for some reason the scheduled time is not acceptable. The above cancellation policies apply to scheduled times.<\/p>\n\n\n\n<p><strong>Please look at the cancellation policies for individual tours as they will override cancellation&nbsp;policies&nbsp;on this page.&nbsp;<\/strong><\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Website Terms &amp; Conditions<\/h4>\n\n\n\n<p><strong>Introduction<\/strong><\/p>\n\n\n\n<p>By using this website, you accept these terms and conditions in full.&nbsp; If you disagree with any part of these terms and conditions, you must not use this website.<\/p>\n\n\n\n<p>This website uses cookies.&nbsp; By using this website and agreeing to these terms and conditions, you consent to our use of cookies.<\/p>\n\n\n\n<p><strong>License to use website<\/strong><\/p>\n\n\n\n<p>Unless otherwise stated, HawaiiSail.com and\/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.<\/p>\n\n\n\n<p>You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.<\/p>\n\n\n\n<p>You must not:<\/p>\n\n\n\n<ul>\n<li>republish material from this website (including republication on another website);<\/li>\n\n\n\n<li>sell, rent or sub-license material from the website;<\/li>\n\n\n\n<li>show any material from the website in public;<\/li>\n\n\n\n<li>reproduce, duplicate, copy or otherwise exploit material on this website;<\/li>\n\n\n\n<li>edit or otherwise modify any material on the website; or<\/li>\n\n\n\n<li>redistribute material from this website except for content specifically and expressly made available for redistribution.<\/li>\n<\/ul>\n\n\n\n<p><strong>Acceptable use<\/strong><\/p>\n\n\n\n<p>You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.<\/p>\n\n\n\n<p>You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.<\/p>\n\n\n\n<p>You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.<\/p>\n\n\n\n<p>You must not use this website to transmit or send unsolicited commercial communications.<\/p>\n\n\n\n<p><strong>User content<\/strong><\/p>\n\n\n\n<p>In these terms and conditions, \u201cyour user content\u201d means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.<\/p>\n\n\n\n<p>You grant to HawaiiSail.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.&nbsp; You also grant to HawaiiSail.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.<\/p>\n\n\n\n<p>Your user content must not be illegal or unlawful, must not infringe any third party\u2019s legal rights, and must not be capable of giving rise to legal action whether against you or HawaiiSail.com or a third party (in each case under any applicable law).<\/p>\n\n\n\n<p>You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.<\/p>\n\n\n\n<p>HawaiiSail.com reserves the right to edit or remove any material submitted to this website, or stored on HawaiiSail.com\u2019s servers, or hosted or published upon this website.<\/p>\n\n\n\n<p>Notwithstanding HawaiiSail.com\u2019s rights under these terms and conditions in relation to user content, HawaiiSail.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.<\/p>\n\n\n\n<p><strong>No warranties<\/strong><\/p>\n\n\n\n<p>This website is provided \u201cas is\u201d without any representations or warranties, express or implied.&nbsp; HawaiiSail.com makes no representations or warranties in relation to this website or the information and materials provided on this website.<\/p>\n\n\n\n<p>Without prejudice to the generality of the foregoing paragraph, HawaiiSail.com does not warrant that:<\/p>\n\n\n\n<ul>\n<li>this website will be constantly available, or available at all; or<\/li>\n\n\n\n<li>the information on this website is complete, true, accurate or non-misleading.<\/li>\n<\/ul>\n\n\n\n<p>Nothing on this website constitutes, or is meant to constitute, advice of any kind.<\/p>\n\n\n\n<p><strong>Limitations of liability<\/strong><\/p>\n\n\n\n<p>HawaiiSail.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:<\/p>\n\n\n\n<ul>\n<li>for any indirect, special or consequential loss; or<\/li>\n\n\n\n<li>for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.<\/li>\n<\/ul>\n\n\n\n<p>These limitations of liability apply even if HawaiiSail.com has been expressly advised of the potential loss.<\/p>\n\n\n\n<p><strong>Exceptions<\/strong><\/p>\n\n\n\n<p>Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HawaiiSail.com\u2019s liability in respect of any:<\/p>\n\n\n\n<ul>\n<li>death or personal injury caused by HawaiiSail.com\u2019s negligence;<\/li>\n\n\n\n<li>fraud or fraudulent misrepresentation on the part of HawaiiSail.com; or<\/li>\n\n\n\n<li>matter which it would be illegal or unlawful for HawaiiSail.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.<\/li>\n<\/ul>\n\n\n\n<p><strong>Reasonableness<\/strong><\/p>\n\n\n\n<p>By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.<\/p>\n\n\n\n<p>If you do not think they are reasonable, you must not use this website.<\/p>\n\n\n\n<p><strong>Unenforceable provisions<\/strong><\/p>\n\n\n\n<p>If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.<\/p>\n\n\n\n<p><strong>Indemnity<\/strong><\/p>\n\n\n\n<p>You hereby indemnify HawaiiSail.com and undertake to keep HawaiiSail.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HawaiiSail.com to a third party in settlement of a claim or dispute on the advice of HawaiiSail.com\u2019s legal advisers) incurred or suffered by HawaiiSail.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.<\/p>\n\n\n\n<p><strong>Breaches of these terms and conditions<\/strong><\/p>\n\n\n\n<p>Without prejudice to HawaiiSail.com\u2019s other rights under these terms and conditions, if you breach these terms and conditions in any way, HawaiiSail.com may take such action as HawaiiSail.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and\/or bringing court proceedings against you.<\/p>\n\n\n\n<p><strong>Variation<\/strong><\/p>\n\n\n\n<p>HawaiiSail.com may revise these terms and conditions from time-to-time.&nbsp; Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.&nbsp; Please check this page regularly to ensure you are familiar with the current version.<\/p>\n\n\n\n<p><strong>Assignment<\/strong><\/p>\n\n\n\n<p>HawaiiSail.com may transfer, sub-contract or otherwise deal with HawaiiSail.com\u2019s rights and\/or obligations under these terms and conditions without notifying you or obtaining your consent.<\/p>\n\n\n\n<p>You may not transfer, sub-contract or otherwise deal with your rights and\/or obligations under these terms and conditions.<\/p>\n\n\n\n<p><strong>Severability<\/strong><\/p>\n\n\n\n<p>If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and\/or unenforceable, the other provisions will continue in effect.&nbsp; If any unlawful and\/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.<\/p>\n\n\n\n<p><strong>Entire agreement<\/strong><\/p>\n\n\n\n<p>These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and HawaiiSail.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.<\/p>\n\n\n\n<p><strong>Law and jurisdiction<\/strong><\/p>\n\n\n\n<p>These terms and conditions will be governed by and construed in accordance with Hawaii Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Honolulu, Hawaii.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms &amp; 100% Refund Policy Other Tour Cancellation Policies Rescheduling is not allowed within 48 hours of the tour.&nbsp;Because this is within the 48 hour cancellation policy, it is non-refundable. It is the guest\u2019s responsibility to be at the check-in\/pick-up location at the time scheduled.&nbsp;Failure to check-in&nbsp;at the correct location or the correct time is [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/pages\/3397"}],"collection":[{"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/comments?post=3397"}],"version-history":[{"count":2,"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/pages\/3397\/revisions"}],"predecessor-version":[{"id":3399,"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/pages\/3397\/revisions\/3399"}],"wp:attachment":[{"href":"https:\/\/hawaiisail.com\/wp-json\/wp\/v2\/media?parent=3397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}