BEST OF MAUI ACTIVITIES L.L.C. CUSTOMER AGREEMENT

TERMS, CONDITIONS, AND NOTICES

 

Welcome to the BestofMauiActivities.com website (the “Website”). This Website is provided solely to assist customers in gathering activity and travel-related services (the “Products”) information, making legitimate reservations, or otherwise transacting business with activity suppliers, and for no other purposes. The terms “we,” “us,” and “our” refer to Best of Maui Activities LLC., a Hawaii corporation doing business as Best of Maui Activities / BestofMauiActivities.com, a State Of Hawaii registered Activity Desk, holding license AD 1438. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

 This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

 USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website per this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (v) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

 CANCELLATION & REFUND POLICY

In most cases, your purchase is 100% refundable, provided you cancel your reservation at least 48 hours before its check-in time unless your activity requires a longer cancellation notice.  In the event of such an exception, you will find it disclosed on your Activity Voucher and/or your Best of Maui Activities concierge will inform you when you place your reservation over the phone. All group reservation refund policies vary by vendor.  You will be informed of your specific policy at the time of your booking. Certain exceptions can be made by the Activity Providers, in case of illness (doctor’s note required) or other serious matters. Your Best of Maui Activities concierge will do everything in his/her power to get you a refund approval; however, the Activity Provider reserves the right to make the final decision, which will be fully executed by Best of Maui Activities. Please remember that once you are within 48 hours from the start time of your tour, you may not cancel or reschedule it for any reason other than a verifiable medical emergency. If an Activity Provider cancels your tour, before its start, due to any reason (weather, mechanical, etc.), your purchase will be 100% refundable. There are instances when a tour must be cut short before it is completed.  In such a case, the Activity Provider may retain a portion of your payment to cover its costs.  Your Best of Maui Activities concierge will advise you of the actual amount retained by the Activity Provider before issuing your partial refund. There are NO REFUNDS on no-shows. IMPORTANT: YOU MUST CALL OUR CONCIERGE DESK to MAKE ANY CANCELLATIONS. WE DO NOT ACCEPT CANCELLATIONS MADE VIA EMAIL, FAX, OR VOICEMAIL.

 PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, the price of the Products), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for Products booked through this Website, you agree not to modify; otherwise, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any Products) for any purpose without our express written permission; or
  7. “frame,” “mirror,” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

 SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and purchase of the Products that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of rates, products, or services. You acknowledge that some third-party providers offering certain products may require you to sign their liability waiver before participating in the products they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Product, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

 PRIVACY POLICY

Best of Maui Activities LLC – BestofMauiActivities.Com  believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy Policy.

 PREPAID PRODUCT RESERVATIONS

You acknowledge that we pre-negotiate certain rates with Product suppliers to facilitate reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate for the Products reserved on your behalf by us and the service fee retained by Best of Maui Activities – BestMauiActivities.Com to compensate us for our services. You authorize Best of Maui Activities to book reservations for the total reservation price, including the rate displayed on the Website, tax recovery charges, and service fees (when applicable). You agree that your credit card will be charged by Best of Maui Activities LLC – BestofMauiActivities.Com for the total reservation price. Upon submitting your reservation request, you authorize Best of Maui Activities LLC – BestofMauiActivities.Com to facilitate reservations on your behalf, including making payment arrangements with Product suppliers.

 You acknowledge that Best of Maui Activities LLC – BestofMauiActivities.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid Product transactions are a recovery of the estimated transaction taxes (e.g., sales and use, excise tax, value-added tax, Local Government imposed tax, etc.) that Best of Maui Activities LLC – BestofMauiActivities.Com pays to the Product supplier in connection with your Product reservations. The Product suppliers invoice Best of Maui Activities LLC for tax amounts. The Product suppliers remit applicable taxes to the applicable taxing jurisdictions. Best of Maui Activities LLC – BestofMauiActivities.Com does not act as co-vendors with the supplier we book or reserve our customer’s Products. The actual tax amounts paid by Best of Maui Activities LLC – BestofMauiActivities.Com to the Product suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Product by our customers. We retain our service fees as compensation in servicing your Product reservation.

 You may cancel or change your prepaid Product reservation. Still, you will be charged the cancellation or change fee indicated in the rules and restrictions for the Product reservation, when applicable. If you do not cancel or change your reservation before the cancellation policy period applicable to the Product you reserved, which varies by Product (usually 48 to 72 hours), you will be subject to a charge of applicable rates, tax recovery charges, and service fees.

 You agree to pay any cancellation or change fees that you incur. In limited cases, some Product suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Product reservation. You agree to abide by the terms and conditions imposed concerning your prepaid Product reservations.

 LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, BestofMauiActivities.com AND ITS CORPORATE AFFILIATE Best of Maui Activities LLC DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. Besides, Best of Maui Activities LLC – BestofMauiActivities.Com EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

 Best of Maui Activities LLC – BestofMauiActivities.Com AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, AND PRODUCTS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS. ALL SUCH INFORMATION, SOFTWARE, AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Best of Maui Activities LLC – BestofMauiActivities.Com AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM Best of Maui Activities LLC – BestofMauiActivities.Com AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Best of Maui Activities – BestofMauiActivities.Com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THIS INFORMATION, SOFTWARE, AND PRODUCTS INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

 THE SUPPLIERS PROVIDING THE PRODUCTS ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Best of Maui Activities LLC – BestofMauiActivities.Com. AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BestofMauiActivities.com, Best of Maui Activities LLC. AND THEIR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL. THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 IN NO EVENT SHALL Best of Maui Activities LLC – BestofMauiActivities.Com, AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF Best of Maui Activities LLC – BestofMauiActivities.com AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 If, despite the limitation above, Best of Maui Activities LLC – BestofMauiActivities.Com or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Best of Maui Activities LLC – BestofMauiActivities.Com and its Affiliates or respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).

 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Best of Maui Activities LLC – BestofMauiActivities.Com, its Affiliates, and/or respective suppliers.

 INDEMNIFICATION

You agree to defend and indemnify Best of Maui Activities LLC – BestofMauiActivities.Com and its Affiliates, and/or respective suppliers and any of its members, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of this Agreement or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website.

 LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Best of Maui Activities LLC – BestofMauiActivities.Com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or other websites’ privacy or other practices. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website (“Software”) is the copyrighted work of Best of Maui Activities LLC – BestofMauiActivities.Com, and/or our respective suppliers. Your use of such Software is governed by the terms of the end-user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website under these terms and conditions and for no other purpose.

 Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Best of Maui Activities LLC – BestofMauiActivities.Com and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate. Still, Best of Maui Activities LLC – BestofMauiActivities.Com and its Affiliates and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the currency rates’ accuracy. We do not authorize the use of this information for any purpose other than your personal use, and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

 COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are Best of Maui Activities LLC. All rights reserved. Best of Maui Activities LLC – BestofMauiActivities.Com is not responsible for content on websites operated by parties other than Best of Maui Activities LLC – BestofMauiActivities.Com, and the BestofMauiActivities.Com logo are either registered trademarks or trademarks of Best of Maui Activities LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.  If you are aware of an infringement of our brand, please let us know by emailing us at alvaro@bestofmauiactivities.com

 GENERAL

This Website is operated by a U.S. entity, and this Agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Maui, Hawaii, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not affect all provisions of these terms and conditions, including, without limitation, this paragraph.

 You agree that no joint venture, partnership, or employment relationship exists between you and the Best of Maui Activities LLC companies due to this Agreement or use of this Website.

 Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us for such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

 This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Best of Maui Activities LLC – BestofMauiActivities.Com concerning this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Best of Maui Activities LLC – BestofMauiActivities.Com for this Website. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

 Any rights not expressly granted herein are reserved.

 SELLER OF TRAVEL

Best of Maui Activities LLC – BestofMauiActivities.Com is a registered seller of Activities and Tours in Hawaii dba Best of Maui Activities, with its registration number listed below:

Hawaii registration number: AD 1438

 SERVICE HELP

For quick answers to your questions, call us at +1-808-707-8105 or email us at agent@bestofmauiactivities.com.