Terms and Conditions

BOOKING TERMS AND CONDITIONS

By booking a tour/boat rental and or guest room you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

Booking Contract

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information.

Group Tour Booking on Behalf of Your Party

By booking on behalf of other participants of your party, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your tour/boat rental and or guest room booking, if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and UTS will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

Traveling with Children

Anyone under the age of 18 is a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors only 

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. UTS does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

Booking Cancellations  

Any cancellation by you must be initiated by telephone to the Under the Sun office at +1-242-337-0199  or by email to underthesunbahamas@gmail.com. We will acknowledge your cancellation by email.

In certain cases, you may be eligible to receive a full or partial refund depending upon:

• the reason for your cancellation or
• the number days of prior to the start of the tour your cancellation request is received or
• the amount expended by the individual guide to prepare for your tour or
• the cancellation policy option you choose

UTS is not responsible for any incidental expenses. You may have incurred as a result of the purchase of your tour or fishing charter such as loss of enjoyment, equipment etc.

Please contact us if you have any questions about our cancellation policy.

Standard Cancellation Policy

If you cancel or cannot take your tour as a consequence of force majeure, UTS will refund the amount you have paid for your tour/fishing charter or accommodation package to a limit $1000 USD. If you have paid more than $1000 for your tour or accommodation package. We may require you to provide verification to confirm that you were unable to take your tour if you request a refund under this provision.

Force majeure includes impersonal events such as war, civil insurrection, strikes, volcanoes, extreme weather, earthquake or natural disaster that makes it dangerous or impossible to safely undertake the tour. The determination of what constitutes ‘Force Majeure’ is at the discretion of UTS. However, a travel warning issued by the Bahamas AFTER you book your tour invokes ‘force majeure’ or if you are on a ship and it is unable to dock for whatever reason, you are covered under this ‘Force Majeure’ provision.

For cancellation due to any other reasons (such as illness, change of personal circumstances), the date on which the request to cancel is received by UTS will determine the refund due as follows:

If you cancel 60 days or more before the start of the tour: No cancellation fee and we will refund your deposit.

If you cancel 59 to 30 days before the start of the tour: 20% cancellation fee. If you have paid for your tour in full, we will issue a refund of 80%. If you paid only a deposit we will refund only the amount paid in excess of 20% of the tour price.

If you cancel less than 30 days before the start of the tour: 100% cancellation fee.

In some cases, the UTS may cancel a tour due to weather or other circumstance. In the event UTS cancels the tour, you may choose between a rescheduling of the tour, a full refund of all monies paid OR a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded or paid by you as applicable. 

Refunds

No refunds will be given for unused portions of a tour, charter or accommodations that are used. 

Late Arrivals & No Shows

Late arrivals and no shows are non-refundable. This is applicable to any tour participant that fails to arrive or arrives after tour departure.

Trip Cancellation Insurance

We strongly advise that you purchase trip cancellation insurance for your trip to Long Island Bahamas.

DISCLAIMER

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Bahamas without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about our Terms and Conditions, please contact us.

 

GENERAL LIABILITY 

Photographs, Videos and Marketing

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, or UTS may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to UTS, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), without any further obligation or compensation payable to you.

Liability Waiver

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS tour, fishing charter, boat rental booked through this website. I, including by way of example, and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. 

I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.

In consideration of my application and permitting me to participate in this activity, I hereby act for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

  1. I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Under the Sun (UTS)  and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

I acknowledge that UTS and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but other persons present.

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under Bahamian applicable law.

I certify that I have read this waiver and I fully understand that by booking a tour, fishing charter, boat rental through this website, I am aware that this is a release of any liability.   

Indemnification

You agree to defend, indemnify and hold harmless UTS and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

a) booking tours, fishing charters, water toys, boat rentals and guest room accommodations

Limitation of Liability

In no event shall UTS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages.