Term of Use
WEBSITE TERMS OF USE AGREEMENT
Island Trolley Tours LLC ®, it’s Parent company and our affiliated companies (collectively referred to as “Island Trolley Tours,“us,” “we,” or “our”) operate the tours, attractions, and other services (our “Services”) described on our website, www.islandtrolleytours.com (our “Websites” or individually a “Website” or “site”). The term “you” refers to the user or viewer of our Websites.
By using this site, you (and anyone who uses Services purchased by you on this site, collectively termed “you”) agree to comply with and be bound by this Website Terms of Use Agreement (“Terms of Use”). If you do not accept these Terms of Use, you are not authorized to use this site. We reserve the right to change these Terms of Use from time to time, and your continued use of this site constitutes your acceptance of and agreement with any such changes. You must be eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age) in order to use this site or purchase any Services hereunder.
Island Trolley Tours® Privacy Policy, as updated by us from time to time, is incorporated into and is part of these Terms of Use. Please review our Privacy Policy, which describes our practices for collecting, using, and sharing information, including information collected when we provide the Services and on our Website.
PURCHASING TICKETS ON OUR WEBSITES
Tickets are purchased online. Based on availability you may purchase tickets in-person. Please consult calendar to check availability.
TRANSACTION FEES
If you decide to purchase tickets or other items, you agree to pay, in addition to the price for the ticket or item, other fees and charges that we impose, such as state sales tax, franchise fees, city fees, trip protection fees, and/or gratuity. The amount of each fee will vary, depending on the tickets or items you purchase.
Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, franchise fees, city fees, and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.
You are urged to review all pages displayed during your completion of a purchase. If you do not agree to pay the fees or charges associated with your purchase, do not complete your purchase (check out, pay) of services you may cancel your transaction.
CANCELLATIONS AND REFUNDS
Due to limited seating availability tickets are non-refundable if they are not used on the reservation date (no show). You may reschedule your date/time up to 48 (48) hours in advance of the tour/trip time under the “Rescheduling” terms below. If we cancel your tour/trip due to inclement weather, equipment breakdown, civil order, or other force majeure event we offer guests a choice of a refund or rescheduling to a future date. THE COVID-19 PANDEMIC OR OTHER SIMILAR PANDEMIC OR EPIDEMIC SHALL NOT BE CONSIDERED A FORCE MAJEURE EVENT. IN THE EVENT OF ANY CANCELLATION OF SERVICES DUE TO COVID-19 RESTRICTIONS AND/OR SIMILAR PANDEMIC OR EPIDEMIC ARE NON-REFUNDABLE UNLESS YOU PURCHASED CANCELLATION INSURANCE.
RESCHEDULING
For guests that have purchased tickets directly from our Website guests may change their reservation and you purchased cancellation insurance fee, there is no charge. If you did not purchase the cancellation insurance there is a $5.00 per ticket fee (along with any associated fees, such as but not limited to taxes, etc.)… Please note guests are fully responsible if the ticket price for the new date/time selected is more expensive. Refunds are not issued where ticket prices have decreased due to promotions or where the date/time selected is less expensive. All Changes are subject to availability.
*Additional Changes – If you made changes previously and need to modify your tour or attraction date/time again, please contact the Tour or Attraction by phone. If you purchased the tour or attraction product from Trusted Tours & Attractions or a third-party online travel agency (Expedia, Trip Advisor etc.) please contact those parties directly to make any changes. The change policies of those parties will apply.
ASSUMPTION OF RISK/INDEMNIFICATION AND COVID 19 OTHER SIMILAR PANDEMIC, EPIDEMIC AND/OR ANY OTHER COMMUNICABLE ILLNESS AND/OR DISEASE
When you purchase Services from us, you are acknowledging and assuming all risks associated with participation in any or all of the activities associated with such Services.
While we are taking enhanced safety and health measures for the benefit of our customers, inherent risks associated with COVID-19 other similar pandemic, epidemic and/or any other communicable illnesses and/or diseases exists in any place where people are gathered. By accessing, purchasing and or participating, you voluntarily assume all risks arising out of or resulting from exposure to COVID-19 other similar pandemic, epidemic and/or any other communicable illnesses and/or diseases.
BY PURCHASING SERVICES THROUGH OUR WEBSITE, YOU HEREBY RELEASE ISLAND TROLLEY TOURS LLC. FROM ANY AND ALL LIABILITY ASSOCIATED WITH COVID-19 OTHER SIMILAR PANDEMIC, EPIDEMIC AND/OR ANY OTHER COMMUNICABLE ILLNESS AND/OR DISEASE.
RELEASE AND WAIVER OF LIABILITY /IMPLIED CONSENT
All participants in Services purchased through this Website are bound to and deemed to have accepted these Terms of Use. By purchasing Services, you, the purchaser, assume all risks (including injury and/or death) and agree to hold Island Trolley Tours harmless and forever indemnify and covenant not to sue Island Trolly Tours, its owners, officers, members, employees, affiliates and or representatives from any and all liabilities, actions, causes of actions, debts, claims, demands, or other liability of every kind and nature whatsoever which may arise or in connection with their, his/her, and/or my participation with Island Trolley Tours LLC Services, whether caused by ordinary negligence or otherwise. This release and waiver of liability and implied consent serves as a release and assumption of risks for my heirs, executors, and administrators, assigns, next of kin, and members of my family.
BY OFFERING FOR SALE SERVICES THROUGH ITS WEBSITE, ISLAND TROLLEY TOURS LLC. DOES NOT REPRESENT OR WARRANT THAT PARTICIPATION IN SUCH SERVICES IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM PARTICIPATION IN SUCH SERVICES.
LOST AND/OR STOLEN ITEMS
Island Trolley Tours is not responsible for damage, lost, and/or stolen property/ personal property. We assume no responsibility. By purchasing services through our website you hereby release Island Trolley Tours from any and all liability associated with personal items you may have left behind, lost, and/or any other manner of loss of property/personal property (including but not limited to loss caused by criminal activity such as theft, computer hacking, any form of intellectual theft, etc…) Further, you herein release Island Trolley Tours from any and all liability associated with damage to your personal property.
DISCLAIMER OF WARRANTIES
EXCEPT AS SET FORTH ABOVE, ALL SERVICES PURCHASED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISLAND TROLLEY TOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF DAMAGES
ISLAND TROLLEY TOURS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE AND ANY SERVICES PURCHASED AND OR PROVIDED, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
YOUR LIKENESS
By purchasing Services through our Website you give Island Trolley Tours permission to use any and all of voice, image and likeness, with or without using your name, in connection with our products and/or services of Island Trolley Tours, for the purposes of advertising and promoting such products and/or services and/or Island Trolley Tours, and/or for other purposes deemed appropriate by the Island Trolley in its reasonable discretion, except to the extent expressly prohibited by law.
ADVERTISERS
Our site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our site is accurate and complies with applicable laws. We are not responsible for any material provided by advertisers and sponsors including any errors, inaccuracies or failure to comply with applicable laws.
THIRD-PARTY LINKS AND CONTENT
Our site may contain information or other functionality provided by various third party providers. The site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.
THIRD-PARTY SERVICES
We may allow access to or advertise certain third-party product or service providers (“Suppliers”) from which you may purchase certain goods or services on this site or on a third-party site. You understand that we do not own, operate or control the products or services ordered by these Suppliers and the Suppliers are responsible for their operations and customer service. YOU AGREE THAT THE USE OR PURCHASE OF GOODS OR SERVICES PROVIDED BY SUPPLIERS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. Under no circumstances are we liable for any damages arising from any interactions between you and Supplier’s products or services or for any information appearing on Supplier’s sites or any other site linked to our site. By your use of this site, you expressly agree that we are not responsible or liable for any act or omission by any Supplier, and you expressly hold us harmless from any charge, claim or injury caused or alleged to be caused any such act or omission.
OWNERSHIP
The information on this site, including without limitation all design, text, images, photographs, press releases, and other information, and all intellectual property rights included in or related to the site is owned by Island Trolley Tours and all right, title and interest in and to the site and the related intellectual property rights remain our property (or the property of our respective licensors).. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this site or its content.
DISCLAIMER
The material in this site may include technical inaccuracies or typographical errors. YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the site will be error-free and do not guarantee uninterrupted or secure access to this site or that the site or the servers that make it available are free of viruses or other harmful components. We may make changes to the features, functionality or content of the site from time to time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site. Prices and promotions are subject to change without notice.
LIMITATION OF LIABILITY
We are not responsible for any loss or injury whatsoever due to content or other information published through this site. The site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, misdeliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and networks external to the site. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF USE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUDING OR LIMITING IMPLIED WARRANTIES OR LIMITING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,, AND SOME JURISDICTION HAVE SPECIAL STATUTORY CONSUMER PROTECTION PROVISIONS WHIICH MAY SUPERSEDE THE FOREGOING DISCLAIMERS AND LIMITATIONS. AS A RESULT,, THESE DISCLAIMERS AND//OR LIMITATIONS MAY NOT APPLY TO YOU ANY YOU MAY HAVE ADDITIONAL RIGHTS..
LINKING TO OUR SITE
You may provide links to our site, provided (a) that you do not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other notices on the site, (b) your site does not engage in illegal, explicit and/or pornographic activities, and (c) you discontinue providing links to our site immediately upon request by us.
TERMINATION
We may, in our sole discretion and at any time, discontinue this site, either in part or in whole, with or without notice. You agree that any termination of your access to the site may be a]ected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
LAWS AND REGULATIONS
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of this site and (ii) release of information to and retrieval of information from this site.
ASSIGNMENT
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. You acknowledge and agree that your access to and use of this site may not be sub-licensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.
GOVERNING LAW AND JURISDICTION
You recognize that, although the Internet can be accessed from anywhere in the world, the site is deemed to be located in Monroe County in the state of Florida, and that when you access this site, you are doing so in Monroe County, City of Marathon in the state of Florida, USA. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of Florida without giving effect to any principles of conflict of law and the federal laws of the United States of America. Jurisdiction shall be Monroe County Florida.
ARBITRATION AGREEMENT
You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Services or these Terms of Use shall be determined by binding arbitration. The arbitration will be governed by the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modi^ed by these Terms of Use, and will be administered by the AAA. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
PERSONAL INFORMATION; NOTICES TO ALL CONSUMERS
We collect, use, and share personal information gathered when you visit our Website, use our online booking services, visit and buy tickets for our tours and event/attractions, and use our Services. By purchasing services through our Website, regardless of your country of origin/citizenship, which you state you reside in and/or claim residency as it pertains to the collection of personal information you are giving implied consent and agree to the collection of personal information and to be governed by the Privacy Policy Laws of the United States, the State of Florida, along with the guidelines of our Privacy Policy only. For more information about personal information and our privacy policy please refer to Privacy Policy.
If you do not agree with our collection of personal information and/or with our privacy policy do not complete the purchase (check out, pay) of services.
MISCELLANEOUS
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.