Terms & Conditions
The prices listed by Hawaii Outdoor Guides and it’s subsidiaries (“the Company”, “we”, “our”, “us”) are based on rates current at the time of publishing. The Company reserves the right to alter these prices and the terms and conditions at any time without notice.
The itineraries and dates listed on our website are applicable from the time published. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our trips (which can be significant) can and do occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations made to the published itineraries. Please contact us by email for the most recent update to any trip.
A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion. The contract is between the Company and the Client, being the person named on the booking form. The contract, including all matters arising from it, is subject to Hawaii law and the exclusive jurisdiction of the Hawaii courts. No employee, contractor or sub-contractor of the Company other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
3) Payment for your Holiday
In the case of non-payment of the balance by the due date the Company will treat the booking as canceled by the Client.
4) Cancellation by the Client
Loss of monies paid applies to all canceled reservations. The date of trip cancellation is the date on which the written cancellation is received by the Company. The loss of monies paid is as follows, per person:
Day tours: Cancellation less than 24 hours prior to departure – 100% of total booking cost
Overnight tours: Cancellation more than 72 hours prior to departure – 50% of total booking cost: Cancellation less than 72 hours prior to departure – 100% of total booking cost
Private and custom tours: Cancellation less than seven days prior to departure – 100% of total booking cost
No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. The same applies if you leave a trip or cannot fully participate in a trip due to injury or illness. Refunds will be at the discretion of the Company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.
5) Cancellation by the Company
The Company reserves the right to cancel any trip if the trip does not attract the minimum number of clients required to make the trip financially viable. The Company reserves the right to cancel a trip at any stage prior to the scheduled departure due to terrorism, natural disasters, political instability or other external events which make it unviable for the Company to operate our planned schedule. In such a case, the Company will, at its own discretion, refund the trip price only.
6) Booking Amendments
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.
7) Substitution of a Client
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that written notice is given at least 30 days prior to departure. Airlines may impose 100% cancellation charges and the cost of a new ticket.
The Company reserves the right to change the trip costs to take account of the following items: government action, and transportation costs, including the cost of fuel. The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges but if these result in an increase of more than 10% of the trip cost excluding insurance premiums and amendment charges the Client may cancel the booking within 7 days notification of the surcharge and obtain a full refund. No surcharge will be imposed within 30 days of departure.
Travel insurance is mandatory for all clients whilst on a trip organized by the Company. It is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. When purchasing insurance, clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their trip.
10) Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
You acknowledge that participating in our trips requires a degree of flexibility, and understand that the route of a trip, accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the Company’s control. While traveling with the Company you agree to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its trips. To the best of the Company’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, the Company will not be held liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behavior of these third parties. The Company will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions. This agreement is governed by the laws of Hawaii.
The Company does its utmost to ensure you a rewarding and enjoyable travel experience with us. In the case where we offer coaching and guiding, we also endeavor to provide you with the best possible learning experience. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our trips. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of snorkeling areas, beaches, lava walking areas, the quality or quantity of coaching and guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip leadership and organization, and the extent of your improvement in snorkeling or any other skill.
Traveling with the Company may involve risks above and beyond those encountered on a more conventional holiday. Vacations involving turbulent weather and ocean conditions, snorkeling, hiking, active volcanoes, toxic gases, and lava walking and other adventurous activities have inherent dangers that can result in serious injury and even death. Our use of guides and coaches can help to reduce these dangers but it cannot eliminate them. You must be prepared to accept the risks associated with snorkeling, hiking and lava walking and all other activities if you attend our trips. Likewise, you must also be prepared to accept responsibility for your own actions during our trips. Although our guides and coaches may provide you with advice and directions it is ultimately your responsibility to determine where your limits of capability and experience are and to avoid crossing these limits. We will not be held accountable for the choices and decisions you make during our trips.
Our vacations may also involve dangers due to the regions we visit. The Company visits some geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and will not be held accountable for road accidents that occur during your travels with us.
By agreeing to these terms and conditions you accept the risks outlined in the above two paragraphs and fully assume the risks of traveling with the Company. You agree to release the Company from any liabilities connected to these risks.
14) Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the “Release Agreement”)
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Hawaii Outdoor Guides, and their members, employees, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as “the RELEASEES”).
Assumption of Risk: I am aware that snorkeling, hiking, lava walking and any other activities offered by the Company involve the risk of injury. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards of snorkeling, hiking, lava walking, and other activities. I freely accept and fully assume all risks, dangers and hazards associated with participating in a Hawaii Outdoor Guides LLC trip and the possibility of loss, personal injury or death resulting therefrom.
In consideration of booking a Hawaii Outdoor Guides LLC trip I hereby agree as follows:
14.1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of a Hawaii Outdoor Guides LLC trip due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an Access Trips trip.
14.2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Hawaii Outdoor Guides LLC trip;
14.3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
14.4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Hawaii and no other jurisdiction; and
14.5) Any litigation involving the parties to this Release Agreement shall be brought solely within Hawaii and shall be within the exclusive jurisdiction of the Courts of Hawaii.
Any links to external web sites provided on the Hawaii Outdoor Guides pages are provided as a courtesy. They should not be construed as an endorsement by Hawaii Outdoor Guides of the content or views of the linked materials.
15) Tour Pickup
By booking a tour with Hawaii Outdoor Guides and its suppliers you agree to provide your pickup information with means of contact in case of pickup issue. You understand that your guide is unable to wait longer than 10 minutes for your pickup and if you do not meet your guide then you can opt to join the group via other transport or forfeit the monies paid for the tour.
By participating in a tour or visiting our website, you consent to the use of any photographs, pictures, film or videotape taken of you or provided by you for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
At Hawaii Outdoor Guides and it’s subsidiaries, we recognize that earning your trust is the most important thing we do as a business. Being open about your privacy is a responsibility we take very seriously. Hawaii Outdoor Guides collects and shares personal information.
We don’t ask you for personal information unless we truly need it.
We don’t share your personal information with anyone except to comply with the law, develop our products and business, or protect our rights.
We don’t store personal information unless required for the on-going operation of our business.
Hawaii Outdoor Guides operates through different websites around the world.
HawaiiOutdoorGuides.com is our flagship website, where we offer our complete range of products and services directly to consumers.
We also work with many affiliate partners who distribute our products and services to consumers through their individual websites.
We also work with distributors who manage the hosting, purchase and payment for our products and services.
We collect two types of information from you on our websites, via email, and through our service providers and distribution partners. Personal Information is information that identifies you personally, such as your name and email address. We also collect Other Information that does not identify you personally, such as gender, country of residence, and other demographic information.
In order to purchase our products or services, it is necessary for you to disclose Personal Information, including your name, address, email address, phone number, credit card details and other personally identifying information. If you do not provide Personal Information when purchasing one of our products or services, we cannot confirm your purchase or fulfill your booking.
When you connect with Hawaii Outdoor Guides, we may ask for basic information including your name and email address, and Other Information. If you connect to us using Facebook or other social media sites, we may also collect information that you have chosen to make available in your Facebook privacy settings, including Personal Information such as your Facebook email address and Facebook username, Other Information such as your profile picture and friend lists, and any other Personal or Other Information you have chosen to make available.
When you visit HawaiiOutdoorGuides.com or any of our affiliates’ web pages, our web server automatically recognizes and collects your IP address, which is assigned by your Internet Service Provider and does not identify you personally. To help us analyze the usage of our websites and related services, and to send more relevant communications to you, we also collect and keep track of Other Information such as your website searches and bookings. For example, if you frequently visit Hawaii, we may send you special notices listing deals and popular products for those destinations. If you are subscribed to any of our email marketing communications – including newsletters and destination alerts, it is necessary for you to disclose Personal Information such as your name and email address and Other Information such as your home country.
You can contribute to the site in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users’ contributions. We may store these contributions (your “Content”), display them to other users, and use them for promotional purposes. Note that if you include Personal Information in your Content, it can be used and viewed by others. We are not responsible for the information you choose to include in your Content.
“Cookies” are pieces of information that are stored by your web browser on your computer’s hard disk, for record-keeping purposes. Cookies in and of themselves only identify your computer. They do not personally identify you.
Most web browsers allow you to turn off cookies; however, turning off cookies will limit your use of our websites. To learn more about changing your browser’s cookie settings, please see the appropriate informational link:
Third-Party Cookies: We also use third-party advertising companies to serve ads while you are visiting our websites and we permit these companies to place and access their own cookies on your computer in the course of serving advertisements and collecting user behaviour. Such advertisers do not have access to the information we collect through Hawaii Outdoor Guides cookies. To opt out of this targeted online advertising, please click here. Other companies’ use of their cookies is subject to their own privacy policies and not ours.
If you connect to Hawaii Outdoor Guides using Facebook, we may show you reviews, photos and tours that your Facebook friends have posted, shared, saved or purchased on Hawaii Outdoor Guides. Note that, if you have Facebook friends who are using Hawaii Outdoor Guides, they may also share information about you with us through Facebook. If you wish to prevent that sharing, please review your Facebook privacy settings.
You can also choose to access third-party social media websites and services through Hawaii Outdoor Guides (such as Facebook and TripAdvisor, Google, Twitter). When you do so, you are sharing information with those sites, and the information you share is governed by their privacy policies.
We also share your Personal Information with third parties contracted to provide us with marketing and data reporting services who are bound by an obligation of confidentiality and with other third-party marketing partners.
We currently contract with several third-party online partners to help manage and optimize our Internet business and communications. We use the services of third-party marketing companies to help us measure the effectiveness of our advertising and how visitors use our website. To do this, we use web beacons and cookies provided by such marketing companies in connection with our websites. The information we collect helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, please do not use our website but contact our guest services directly.
We may also use or disclose Personal Information as we believe to be necessary or appropriate: under applicable law, including laws outside your country of residence; to comply with legal process; to respond to requests from public or government authorities, including public or government authorities outside your country of residence; to enforce our terms and conditions; to protect our operations or those of any of our affiliates; to protect our rights, privacy, safety or property, or that of our affiliates, you or others; or to allow us to pursue available remedies or limit the damages that we may sustain.
We may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location).
We may send to you marketing emails with information about deals, destination and product news, sweepstakes, programs, etc., and other special promotions that we believe that you will find valuable, interesting or informative. We will provide you with choices regarding our use of your Personal Information for marketing purposes. If you are no longer interested in receiving future email marketing communications from us, you can op-out of future mailings by sending us an email with the request to be unsubscribed by including your name, email address, and the words “unsubscribe” in the subject or message body.
Please note that, even if you opt-out of receiving future marketing communications, we will continue to send to you emails regarding your purchases and bookings, and regarding administrative information such as changes to our terms, conditions and policies. If you make a booking or purchase at one of our websites, we may also send you information about new products, or ask your opinion about our websites, etc., so that we may improve our service to you and other consumers.
Some suppliers or distribution partners may operate in countries or states that do not have laws or regulations for the protection and safeguarding of Personal Information.
We seek to store your Personal Information in secure operating environments that are not accessible to the general public.
No data transmission over the Internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. Hawaii Outdoor Guides will not be held responsible for events arising from unauthorized access to your Personal Information. Hawaii Outdoor Guides will rely on you telling us if you experience any unusual events that may indicate a breach in your information security. We will then seek to investigate whether the security breach was related to the data transmissions from or to Hawaii Outdoor Guides and let you know what steps can be taken and have been taken to help rectify the problem. Further action, such as reporting incidents to the police or other proper authorities, may also be required.