Terms And Conditions
TERMS OF SERVICE
This website is operated by Volitionary Tours LLC. Throughout the site, the terms “we”, “us” and “our” refer to Volitionary Tours LLC. Volitionary Tours LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting Volitionary Tours LLC website and/or making a booking/s with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using Volitionary Tours LLC website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new services which are added to the current Volitionary Tours LLC website catalog shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
VOLITIONARY TOURS LLC WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are 18 years or older/or the age of majority in your country of residence, or that you are the age of majority in country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction or the jurisdiction of the Jamaican government.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your contact information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Volitionary Tours LLC cannot be held liable if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue any offered Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain services/activities may be available during the time that you visited our website. We have made every effort to display as accurately as possible the colors and images of our attractions/activities that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any of the services that we offer. All descriptions of attractions or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any activity or service or special offer at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any information, attraction, or other services purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We consider protecting our client’s identity highly important. Therefore, we reserve the right to refuse any bookings you place with us. We may, in our sole discretion, limit or cancel quantities booked per person, per household or per booking. These restrictions may include bookings placed by or under the same customer account, the same credit card, and/or bookings that use the same billing address. In the event that we make a change to or cancel any booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit bookings that, in our sole judgement, appear to be placed by minors and/or fraudulent actions.
You agree to provide current, complete and accurate information for all bookings and other transactions made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our cancellations Policy.
We may provide you with access to third-party attractions/or services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such attractions and/or services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party attractions/services.
Any use by you of optional attractions/or services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which attractions and/services are provided by the relevant third-party provider(s).
We may also, in the future, offer attractions or new services and/or features through the website (including, the release of new attractions and/or services). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, attractions and services available via our company and their website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, attractions, or services of third-parties.
Volitionary Tours LLC cannot be considered and/or held liable for any harm or damages related to the acquisition of third-party goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether on-line, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to attraction descriptions, pricing, promotions, offers, duration of tours and/or travel distances and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have secured a booking).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The attractions, activities and all services delivered to you through Volitionary Tours LLC are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied conditions of road ways, quality of attractions.
In no case shall Volitionary Tours LLC, our there directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any attractions or activities procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or activity) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Volitionary Tours LLC and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Montego Bay St. James Jamaica, W.I.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
LIMITATIONS OF LIABILITY
Volitionary Tours LLC makes every effort to and take steps to ensure that all vehicles owned or contracted to its fleet are approved by the Jamaica Tourist Board, safe and up to the required standard to operate in the tourism sector. Therefore, Volitionary Tours LLC will not be held liable for unforeseen delays caused by accidents, breakdowns, poor road conditions, storms of any kind and other conditions beyond its control and does not guarantee to arrive at, or depart from any point at any specific time in case of conditions beyond Volitionary Tours LLC and/ or their tour guides control nor any attraction bookings that could not be fulfilled and/or expenses incurred as a result of delayed departure or arrival times, including food, refreshments or any other such expenses are the sole responsibility of our clients.
In no event shall Volitionary Tours LLC be liable in contract, in tort (including for its own negligence) or under any legal theory (including strict liability) for any indirect, incidental, special, exemplary, or consequential damages whatsoever, including but not limited to, lost profits or revenues, and loss of use, data, or similar economic loss, arising out of or in connection with the use, copying, or display of the contents of this site or products purchased through your use of this site. Volitionary Tours LLC’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) shall in no event exceed the purchase price paid by you for any product in connection with which liability arises.
Inclusion of any linked website on our site does not imply approval or endorsement of the liked website by us. If you decide to leave our site and access this other party’s site, you do so at your own risk.
We want to make every effort to satisfy and be fair to our clients. We are aware that acts of God, mishaps and other unforeseen situations can occur so Volitionary Tours LLC will award to our clients, a full refund for cancellations more than but no less than 72 hours prior to the scheduled date of the tour or pick-up time. However, if a situation arises, we will be happy to hear from you so that we can work on the best solution possible.
These Terms of Services updated July 5, 2019.
No Pressure No Problem Policy
Airport Transfers: No pressure—we understand that travel delays do occur and will monitor flight schedules accordingly. With your purchase of our private transfer from Sangster International airport comes our promise to be there when you arrive—no problem.
Cruise Ship Transfers and Personalized Experiences: No pressure—we will wait for you up to one hour past the scheduled experience or transfer pick-up time. Please contact us if you run into a delay and we will do our best to accommodate last minute schedule delays—no problem.
Last Minute Experiences and Transfers: No pressure—not sure of your schedule yet? Give us a call after you arrive and let us know how we can help personalize your experience—no problem.