Terms
Discover Hawaii Tours
Website Terms, Conditions and Notices
AGREEMENT BETWEEN CUSTOMER AND DISCOVER HAWAII TOURS
This website site is offered to you, the customer, conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of this website constitutes your agreement to all such terms,
conditions, and notices.
PERSON AND COMMERCIAL USE AND LIMITATIONS
The content and information on this website (including, without limitation,
description, price and availability of tour and charter services), as well as
the infrastructure used to provide such content and information, is proprietary
to Discover Hawaii Tours, Inc. or its suppliers and providers. Accordingly, as a
condition of using this website, you agree not to use this website or its
contents or information for any commercial or non-personal purpose (direct or
indirect). While you may make limited copies of your tour documents for tour or
services purchased through this website, you agree not to modify 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 this website.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website site are: ©2008 Discover Hawaii Tours, Inc., 955
Waimanu St, Honolulu, HI 96814 USA. All rights reserved. Discover Hawaii Tours,
Discover Hawaii Tours.com. Other product and company names mentioned herein may
be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, DISCOVER HAWAII
TOURS, INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM
LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE
TOURS, AIR, PRICING, PHOTOGRAPHIC CONTENT, GENERAL PRODUCT DISCRIPTIONS,
WEATHER, OR OTHER TOUR PRODUCTS DISPLAYED ON THIS WEBSITESITE. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. DISCOVER HAWAII TOURS, INC., ITS
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES ON THIS WEBSITE SITE AT ANY TIME.
DISCOVER HAWAII TOURS, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE
INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES
NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY
DISCOVER HAWAII TOURS, INC. OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
DISCOVER HAWAII TOURS, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
THE CARRIERS AND OTHER SUPPLIERS PROVIDING TOUR OR OTHER SERVICES FOR
DISCOVER HAWAII TOURS, INC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF DISCOVER HAWAII TOURS, INC. OR ITS AFFILIATES. DISCOVER HAWAII
TOURS, INC. AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR
ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM. DISCOVER HAWAII TOURS, INC. AND ITS AFFILIATES HAVE NO
LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL,
AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL DISCOVER HAWAII TOURS, INC., ITS AFFILIATES, AND/OR THEIR
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DISCOVER HAWAII TOURS,
INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify Discover Hawaii Tours, Inc., its
affiliates, and/or their respective suppliers and any of their officers,
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
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
(a) your breach of these website Terms, Conditions and Notices or the documents
referenced herein; (b) your violation of any law or the rights of a third party;
or
(c) your use of this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use
this website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other
than Discover Hawaii Tours, Inc. Such hyperlinks are provided for your reference
only. Discover Hawaii Tours, Inc. does not control such website and is not
responsible for their contents or your use of them. Discover Hawaii Tours,
Inc.'s inclusion of hyperlinks to such website does not imply any endorsement of
the material on such website or any association with their operators.
TERMS, CONDITIONS AND WARRANTIES
Although most tours are completed without incident, tours to certain
destinations may involve greater risk than others. Discover Hawaii Tours, Inc.
urges passengers to review tour prohibitions, warnings, announcements and
advisories included in this website, issued by the United States Government,
National Park Rangers, City and County employees. Information on conditions on
various tours and the level of risk associated with touring can be found at:
www.dot.gov
www.faa.gov,
http://www.nps.gov/archive/usar/pphtml/planyourvisit.html,
www.customs.gov.
MODIFICATION OF THESE TERMS AND CONDITIONS
Discover Hawaii Tours, Inc. reserves the right to change the terms,
conditions, and notices under which this website is offered and you agree to
accept and be bound by those terms, conditions, and notices that are in effect
at the time of your use of Discover Hawaii Tours’ website and facilities.
GENERAL
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 County of
Honolulu, Hawaii, USA, in all disputes arising out of or relating to the use of
this website site. Use of this website site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Discover Hawaii Tours, Inc. as a result of
this agreement or use of this website.
Discover Hawaii Tours, Inc.'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Discover Hawaii Tours, Inc.'s right to comply with law enforcement
requests or requirements relating to your use of this website or information
provided to or gathered by Discover Hawaii Tours, Inc. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to 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 the customer and Discover Hawaii Tours,
Inc. with respect to this website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
customer and Discover Hawaii Tours, Inc. with respect to this website. A printed
version of this agreement and of 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 herein are not intended to represent any real individual, company,
product, or event.
Any rights not expressly granted herein are reserved.
USE OF DISCOVER HAWAII TOURS.COM
You warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use this website in accordance
with all terms and conditions herein. You agree that any and all users will be
at least 18 years of age. You agree to be financially responsible for use of
this website (as well as for use of your account by others, including, without
limitation, minors living with you) by any and all users you designate. You
agree to supervise all usage of this website by your designated users and minors
under your name or account. You also warrant that all information supplied by
you, members of your household, or user acting on your behalf in using this
website site is true and accurate. Without limitation, any speculative, false,
or fraudulent reservation or any reservation in anticipation of demand is
prohibited, whether such actions are conducted b you. You agree that the tour
services reservations facilities of this website shall be used only to make
legitimate reservations or purchases for you or for another person for whom you
are legally authorized to act. You understand that overuse or abuse of the tour
services reservation facilities of this website by you or any and all users you
designate may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of
tour-related goods and services that you select. You agree to abide by the terms
or 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
fares, products, or services. You understand that any violation of any such
supplier’s conditions of purchase may result in cancellation of your
reservation(s) or purchase, in your being denied access to any flights, hotels,
or automobiles, in your forfeiting any monies paid for such reservation(s) or
purchase, and in Discover Hawaii Tours debiting your account for any costs
Discover Hawaii Tours incurs as a result of such violation. You shall be
completely responsible for all charges, fees, duties, taxes, and assessments
arising out of your use of this website, and, without limitation, you shall be
responsible for all charges, fees, duties, taxes, and assessments arising out of
transactions performed on your behalf, whether or not such uses were performed
with your consent.
