DISCLAIMER & LIMITATION OF LIABILITY

THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS" AND BLUE OCEAN ADVENTURE TOURS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLUE OCEAN ADVENTURE TOURS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE, INCLUDING ANY LINKS TO OTHER INTERNET SITES, IS ACCURATE, COMPLETE OR CURRENT, AND BLUE OCEAN ADVENTURE TOURS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

In no event shall Blue Ocean Adventure Tours be liable for any compensatory, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever arising out of or in connection with the use of this site, including liability for any damages caused by viruses contained within the electronic files or at the site, loss of data, income or profit, or loss of or damage to property or claims of third parties.

You agree to indemnify, defend and hold Blue Ocean Adventure Tours and its directors, officers, employees, affiliates, licensors, content and service providers, distributors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to your violation of these terms or use of the Web site.

 

COPYRIGHT

All Web site design, text, graphics, as well as the selection and arrangement thereof, Copyright © 2014 Blue Ocean Adventure Tours ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this Web site solely for the purpose of placing an order with Blue Ocean Adventure Tours. In consideration of this authorization, you agree that any copy of these materials, which you make, shall retain all copyright and other proprietary notices in the same form and manner as on the original. Unless prior written permission is obtained from Blue Ocean Adventure Tours, any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, is strictly prohibited. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

 

TRADEMARKS

Blue Ocean Adventure Tours name, the Blue Ocean Adventure Tours logo design, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Blue Ocean Adventure Tours; is a registered trademark of Blue Ocean Adventure Tours in the United States and other countries. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. Blue Ocean Adventure Tours prohibits the use of the Blue Ocean Adventure Tours logo as a "hot" link to any Blue Ocean Adventure Tours Web site unless the establishment of such a link is approved by Blue Ocean Adventure Tours.

 

LICENSE DISCLAIMER

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of Blue Ocean Adventure Tours or any third party.

 

CHOICE OF LAW & JURISDICTION

Blue Ocean Adventure Tours controls this Web site (excluding linked sites) from the island of Kauai, the State of Hawaii, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Hawaii, by accessing this Web site both the User and Blue Ocean Adventure Tours agree that the statutes and laws of the State of Hawaii, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web site. User and Blue Ocean Adventure Tours also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of the Fifth Circuit of Hawaii and the United States District Court for the District of Hawaii with respect to such matters. Blue Ocean Adventure Tours makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. All information available on the Web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

 

TRANSMISSION OF PERSONAL DATA/USER COMMUNICATIONS

Except as required by law, Blue Ocean Adventure Tours will maintain the confidentiality of all personal information transmitted to Blue Ocean Adventure Tours by the User. Any feedback you provide at this Web site shall be deemed to be non-confidential and Blue Ocean Adventure Tours will have no obligation to protect such information and may use such information on an unrestricted basis.

 

GENERAL / OTHER INFORMATION

  • If you need to cancel or reschedule your tour you will have to call our office at 800-451-6133.
  • Departure time is promptly half hour from check-in time. Please do not arrive late.
  • Dress accordingly in beach attire (you will get wet) this is an open ocean tour.
  • Bring a Beach bag with sunscreen, towel, a cover-up, camera, film and light footwear for those doing the beach landing.
  • We are not responsible for your personal property brought on board.
  • We recommend you leave non-essential electronics and valuables on shore.  Protect your cameras, phones etc. that cannot get wet.
  • Due to possible bouncy conditions on our rafts, these ocean tours are not suitable for pregnant women, those with bad backs or serious health concerns, or children under 5.
  • We travel exposed ocean waters. All tours are at your own risk. Our ocean tours are safe, fun and exciting adventures and they do require some physical activity. They are geared to outdoor thrill seekers. ALWAYS Listen carefully and follow the Captain and Crew instructions for your safety on board.
  • A signed liability release waiver is required prior to boarding.
  • Children's age limits are 5 and older.
  • Tour program and route may vary due to wind & sea conditions at the Captains discretion.
  • Prices & tour times are subject to change seasonally.
  • Reservations are secured with a credit card #.
  • Our Cancellation Policy: Refund/Rescheduling Policy.
  • Once purchased, tickets cannot be refunded and cannot be rescheduled because your space is being guaranteed for the tour.
  •  Weather Policy: Activity may be cancelled due to severe weather. The activity usually runs in light rain and other moderate weather conditions, but the seller may cancel the activity up to an hour before the start time in the event of severe or unsafe weather conditions. If the seller cancels the event a refund will be provided.
  • Tax collected includes state tax and a state harbor fee. 7.016%.
  • Gratuity is not included in the tour price but greatly appreciated, at your discretion, for your fantastic captain and crew!
  • Private tours require a 50% deposit non-refundable within 48 hours of the tour.
  • Our Cancellation Policy: 
  1. If you do not show up for your tour you forfeit your money and there are no refunds. 
  2. If you call 24 hours in advance and need to cancel or move your tour we will do our best to reschedule your tour date and time. If we are unable to find a date or time that works we will refund your money within 90 days. 
  3. If the minimum number of passengers (which is 4)  are not registered within 24 of the tour it could be canceled. You will be contacted at that time and either attempt to rescheduled, if the tour cannot be rescheduled you will be given a full refund (within 90 days).
  4. Weather Policy: Activity may be cancelled due to severe weather. The activity usually runs in light rain and other moderate weather conditions, we may cancel the activity up to an hour before the start time in the event of severe or unsafe weather conditions. If we cancel the event, ticket-holders will be allowed to reschedule tickets (subject to availability) if no reschedule tour is available the funds will be refunded within 90 days.