Web Site Terms, Conditions, and Notices
- AGREEMENT BETWEEN CUSTOMER AND MAUI SIGHTS & TREASURES ON THE WEB AT MAUIVALUE.COM
Welcome to the Maui Value.com website (the “Website”). This Website is provided solely to assist customers in gathering activity and travel-related services (the “Products”) information, doing legitimate reservations or otherwise transacting business with activity suppliers, and for no other purposes. The terms “we”, “us”, and “our” refer to Maui Value 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.
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 in accordance with 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.
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 otherwise 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 or through this Website. Additionally, you agree not to:
i. use this Website or its contents for any commercial purpose;
ii. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
iii. 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;
iv. 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;
v. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
vi. 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
vii. “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 prior to 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.
PREPAID PRODUCT RESERVATIONS
You acknowledge that we pre-negotiate certain rates with Product suppliers to facilitate the booking of 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 Maui Value! Hawaii to compensate us for our services. You authorize Maui value.com also know as Maui Sights & Treasures to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Maui Sights & Treasures on the web at Maui Value.com for the total reservation price. Upon submitting your reservation request you authorize Maui Value to facilitate reservations on your behalf, including making payment arrangements with Product suppliers.
You acknowledge that Maui Value.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, etc) that Maui Value.com pays to the Product supplier in connection with your Product reservations. The Product suppliers invoice Maui Value for tax amounts. The Product suppliers remit applicable taxes to the applicable taxing jurisdictions. Maui value does not act as co-vendors with the supplier with whom we book or reserve our customer’s Products. The actual tax amounts paid by Maui Value.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, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Product reservation. In addition, 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 24 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 with respect to your prepaid Product reservations
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, Maui Value.com. 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. IN ADDITION, Maui Sights & Treasures also known as Maui Value.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.
Maui Value.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. Maui Value.com AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM Maui Value.com AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Maui value.com AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND PRODUCTS INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONI INFRINGEMENT.
THE SUPPLIERS PROVIDING THE PRODUCTS ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Maui Value.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 THERE FROM Maui value.com . 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, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL Maui Sights & Treasures 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, 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 Maui Value.com AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Maui Sights & Treasures or their 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, Maui Value.comtheir Affiliates or their 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 Maui Sights & Treasures their Affiliates, and/or their respective suppliers.
CANCELLATION NOTICE .
Your Hawaii activities canceled or rescheduled by you
Your Hawaii activity purchase is 100% refundable or changeable, in most cases, provided you cancel or reschedule your reservation at least 48 hours prior to its check-in time. Please note some activities require a 72-hour notice, while tours packaged in conjunction with airline transportation are non-refundable, non-transferrable or changeable from the time the reservation is made with the Activity Provider. Exceptions to Maui Value.com 48-hour cancellation and rescheduling policy will be clearly noted on our website tour description and on your Activity Voucher. If you make your reservation over the phone our concierges are required to inform you of the specific cancellation and rescheduling policy for your tour(s) before processing your order.
Here are some very important items to consider before placing your order(s):
1. No-Shows are NON-REFUNDABLE. If you know you will not be able to arrive at your tour on time you MUST contact us at 808-879-6260 before your scheduled check-in time.
2. Tours canceled less than 48 hours prior to check-in time are NON-REFUNDABLE.
3. Tours rescheduled less than 48 hours prior to check-in time, when approved by activity providers are automatically considered NON-REFUNDABLE, even if the new activity date is more than 48 hours from the time of the new date & time.
4. Tours booked less than 48 hours prior to its start time are automatically NON-REFUNDABLE and NON-CHANGEABLE.
How to report a cancellation**:
1. You must CALL our office at 808-879-6260 in order to cancel your tour(s), even if you made your reservation(s) online. Our concierges are available daily from 8 AM until 5 PM, except on these specific holidays: Thanksgiving ,Christmas Days or New Year’s Day we are closed
2. If your activity start time is before 7 AM, your deadline to call in your cancellation for that tour will be at 7 PM, three (3) days prior to your tour, as our concierges will not be available before 8 AM, two (2) days prior to your tour.
****WE DO NOT ACCEPT CANCELLATIONS MADE VIA FAX OR VOICEMAIL****
EXCEPTIONS to the above rules***:
1. Verifiable Medical Emergencies – Tour providers may authorize a refund in the event of a verifiable medical emergency. In such case a doctor’s note issued by a local Hawaii doctor will be required. Please note the exception will be considered only for the injured or sick participant, unless dealing with a minor who may need an adult supervision. In such cases a exception to this rule may also be granted for the child’s care giver. This does not in any way imply all other participants will be given a refund, should the entire party decide not to attend the event.
2. Road Closures – Tour Providers generally authorize a refund if you are unable to arrive at your activity due to a verifiable road closure (accidents, fires, etc). Please contact our concierge hotline as soon as you realize you will not arrive in time, no matter the reason, by calling us at 808-879-6260
*** All exceptions will be considered in a case-by-case basis by the Activity Provider.Maui Sights & Treasures will relay your circumstances to the Activity Provider and will make every attempt to get a refund approval, however the final decision is not ours, but the Activity Provider’s, and we are bound by our Vendor Agreement to comply with their decision.
Hawaii Tours & Activities canceled OR changed by the Activity Providers
Full Refund – You will receive 100% of the purchase price for every Hawaii activity canceled by a Tour Provider, prior to its start, for any reason (weather, mechanical, etc.).
Partial Refund – A Tour Provider may authorize a partial refund for tours which features were changed or cut short due to weather, mechanical or other circumstances beyond the Activity Provider’s control. The actual refund amount, if applicable, will be determined by the Activity Provider and not by Maui Sights & Treasures . We are bound, by our Vendor Agreement, to comply with the Activity Provider’s total refund amount.
No Refund – Tour providers reserve the right to make changes to certain aspects and features of their tours for reasons beyond their control, such as weather, road condition, etc. This will ensure participants will enjoy a safe and enjoyable experience. In such cases NO REFUNDS will be offered.
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