Terms and Conditions

The Honolulu Sailing Company is a service that enables users to book sailing adventures.

These Terms of Service (the “Agreement”), together with our Privacy Policy apply to any use of any services and/or Website. Everybody may use the services and/or Website on condition that they accept the Terms of Service and the Privacy Policy. Any use of the Website means you have read and understood the Terms of Service and the Privacy Policy, both in English, and agree to be bound by the Agreement. As our official language is English, this Agreement is only available in English and we assume you understand it. Please read the Agreement carefully.

We may change the Agreement at any time. Your continued access to this Website after such change signifies your acceptance of the updated Agreement. The date that revisions were last made to the Agreement are noted at the top of this page. Please make sure you are aware of the most current version of the Agreement.

Use of the Services and Website

As a condition of your use of any services and/or Website, you warrant that all information given by you is accurate, current and complete. You also warrant your use of any services and/or Website is intended for personal, non-commercial use to make legitimate requests to book the sailing adventures offered. You will not use these services and/or Website to make any false or fraudulent requests.

Privacy policy

Honolulu Sailing Company aims to protect your privacy. Here you can find our current Privacy Policy, which also governs your use of all services and/or Website.

Prohibited activities

The content and information on this Website (including, but not limited to, data, text, photos, graphics, video, software, code or other material), as well as the infrastructure used, is proprietary to us. You agree not to modify, copy, reproduce, publish, or sell any content and information obtained through this Website. Any use of Honolulu Sailing Company content requires the prior written permission of Honolulu Sailing Company. Additionally, you agree not to:

use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Honolulu Sailing Company;

access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;

take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

deep-link to any portion of the service for any purpose without our express written permission;

“frame”, “mirror” or otherwise incorporate any part our service into any other websites or service without our prior written authorization;

attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used Honolulu Sailing Company in connection with our services;

circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;

download any content unless it’s expressly made available for download by Honolulu Sailing Company.

User accounts

You do not need to create an account to use the services or the Website. To use the booking feature of this Website, all information needed is your name, e-mail address and phone number. Payment data is managed by third-party services such as Fareharbor.

Electronic communications

By using the services and/or Website, to send e-mails, text messages, and other communications from any device to us, you agree that we may communicate with you in a variety of ways, like by e-mail, in-app push notices, or by posting notices and messages on the Website. You can unsubscribe from e-mail communications at any time by emailing info@honsail.com.

No warranty

We strive for accurate information of our services and/or Website, yet we do not provide any warranties in relation to its correctness, completeness, currentness, reliability for any purpose. We may edit, add or remove information on the services and/or Website and its structure and functions at any time at our sole discretion, without informing of any such change.

We do not provide any warranties in relation to the availability of the services and/or Website or its functions. Nor do we provide any warranties that the services and/or Website is free from defects or that the Website and its infrastructure is free from viruses and other harmful software.

Intellectual property rights

The services and/or Website is and remains protected by copyright and intellectual property rights. You acquire no rights in the Website, and in any names and distinctive signs of any nature published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

Booking

By booking a sailing adventure through the website, by phone or through any third party, you accept the practices described in our Privacy Policy and this Agreement. Honolulu Sailing Company is not a travel agency and does not provide or own travel experiences. Honolulu Sailing Company displays information about sailing adventures offered by them and sometime by third-party suppliers and facilitates bookings for those suppliers. Honolulu Sailing Company is not responsible for the accuracy or completeness of information it obtains from third-party suppliers.

If you book a sailing adventure through the Website, you are bound by the supplier’s terms and conditions. Your interactions with third-party suppliers are at your own risk. Honolulu Sailing Company has no liability regarding the acts, errors, warranties, breaches or negligence of third-party suppliers or for any personal injuries, death, property damage, or other damages resulting from your interactions with third-party suppliers.

Rescheduling a booking

All requests for rescheduling your booking should be directed to the Honolulu Sailing Company customer care team. See the section “Payment & Cancellations” below for additional information with respect to cancelling a booking.

We do not charge a fee to change the dates of an existing booking, as long as the request is received by our customer care team more than 3 days ahead of your confirmed booking date. If you request a date change within 7 days or less of your confirmed booking date, we will attempt to honor your request; but these changes may be subject to an additional fee. Rescheduling a booking for overnight charters, ASA Classes and Special Requests will incur a $150.00 fee.

If you make a booking using a Honolulu Sailing Company promotion code or if you use a special-offer price or shared discount, you may invalidate your discount or special-offer price by making changes to the date of your booking.

Our suppliers make occasional changes to the dates, prices, inclusions, requirements, and other features and of the sailing adventures. As a result, Honolulu Sailing Company reserves the right to cancel, change or substitute any sailing adventure or vessel that you have booked, for any reason, at any time. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original price.

Payments & Cancellations

When you book a sailing adventure through the Website or over the phone, Honolulu Sailing Company collects your payment information and processes your payment as described under “Payment Processing”. Honolulu Sailing Company accepts the following credit cards: Mastercard, Visa and American Express. You can also pay using Paypal. There is no charge or service fee for processing payments. Full payment is required to make a booking. A booking is not confirmed until full payment is made. For overnight charters full payment is required 60 days prior to departure.

No refunds are available once a sailing adventure has commenced. Cancelling a booking can result in cancellation fees being applied. The general cancellation policy is as follows: If you cancel at least 14 days in advance of the scheduled departure of your sailing adventure, there is no cancellation fee. If you cancel between 13-8 days in advance of the scheduled sailing adventure, there is a 50% cancellation fee. When cancelling within 7 days of the scheduled departure, there is a 100% cancellation fee. In case of overnight charters, ASA Classes or special requests, an exceptional cancellation policy requiring 60 Days advance notice for a 100% refund will be applied. An additional cancellation Fee of 150.00$ will be applied to overnight charters, ASA Classes and Special Requests. When cancelling any booking you will be notified via email or telephone of the total cancellation fees. Gift Certificates are non-refundable in all circumstances.

Pricing & inclusions / exclusions

Prices may change without notice until a booking has been confirmed. Prices do not include tips/gratuities to tour operators and any beverages or food not specifically listed under “Inclusions” on the descriptions of the sailing adventures on the Website.

Links to third-party websites

The Website may contain hyperlinks to websites operated by third-parties. We do not assume any responsibility for third-party content that may be available on the Website and for content linked to the Website. We do not endorse such content and do not have any liability relating to it. You use third-party websites at your own risk. 

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     Honolulu Sailing Company LLC 

 RELEASE OF LIABILITY AND ASSUMPTION OF RISK

 


Review Honolulu Sailing Co.Terms and Conditions Privacy Policy

 I have read the privacy policy and terms and conditions above and I agree 

NOTICE: THIS IS A LEGALLY BINDING CONTRACT BETWEEN MYSELF AND HONOLULU SAILING COMPANY LLC, Honolulu Sailing Adventures LLC, Tefiti LLC, and Luxury Catamarans Hawaii Inc. Hereinafter HSC.

In consideration for being permitted to use HSC’s equipment and/or participate in any activity offered by HSC I agree to the following terms covenants and conditions and make the following representations.

I HEREBY ACKNOWLEDGE THE INHERENT EXTREME RISKS OF SAILING, BOATING, SNORKELING, including swimming in the ocean. I realize those risks include but are not limited to falls on or inside the boat, misuse or failure of equipment, and other accidents. I acknowledge the above list is not inclusive of all possible risks associated with the use of the equipment and/or facilities and/or the activity of sailing, snorkeling and swimming. 

I VOLUNTARILY ASSUME AND ACKNOWLEDGE SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGER OF THE RISK INVOLVED. 

I voluntarily agree to assume all risk of injury or death that may occur while I am on the boat, dock, or facility, participating in any event or program, activity or tour, anywhere at any time, whether or not under supervision of HSC. I hereby forever give up, waive, and release HSC, its successors, assigns, officers, employees, members, and all other related persons and entities from any and all claims, whether known or unknown, which I have or may have in the future, which is in any way connected to my use of HSC equipment and/or any participation in any program activity tour or class offered by HSC, including any claims arising from the negligence of releasees. 

I represent I am in good health and have no physical limitations which would affect my safe use of the equipment or participation in any and all activities offered by HSC and its affiliates. I agree to pay attention to the state of any ropes, anchors, masks, fins, snorkels, paddleboard, fishing equipment, floats and any other equipment that I may use and to advise staff members if I do any damage or notice damage. I agree if staff makes a specific request or instruction to me, I agree to comply.  

I further agree to defend, indemnify, and hold harmless HSC, its successors, assigns, officers, employees, members, affiliates and any and all related persons and entities from any and all claims, whether known or unknown, which is in any way connected to the use of HSC equipment and/or facility and/or participation with any activity offered by HSC, including any claims arising from the negligence of releasees. I agree that should any language of this document be deemed to be unenforceable; the remaining language continues to be legally enforceable. 

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE HONOLULU SAILING COMPANY LLC, THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES” AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.

I agree that if I participate with an in water snorkeling activity that I can swim and I have the skills to snorkel in the open ocean with no assistance. If I cannot swim I agree to remain on the boat/vessel at all times. I also agree that I will not expect the Released Parties to teach me how to swim or snorkel and that prior to the activity I will have the skills necessary to participate without assistance. 

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELING AND BOATING, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I HEREBY ASSUME SUCH RISK.  

I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

I assert that I am physically fit to snorkel and ride on a boat and I will not hold the Released Parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while snorkeling, riding on the boat, or otherwise participating in the trip. 

If I need a flotation device, I will ask for one. If I use a flotation device, I will not remove my floatation device at any time while in the water. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk.

I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. 

HSC has made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, boats or passengers responsible for their actions in attempting the performance of rescue or first aid.  

I acknowledge that HSC does not provide, sell, or serve alcoholic beverages abord its vessels. HSC, its owners, operators, employees, and agents are not responsible or liable for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. 

Should I consume alcohol on the property owned or operated by HSC, I acknowledge that I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.

Should I provide alcohol to family, friends, guests, or third parties on property owned by HSC, I acknowledge that I am solely responsible for any and all damages suffered by myself or third parties as a result of providing alcohol to others to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. 

I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I further acknowledge that should anyone under the age of twenty-one (21) consume alcohol on the property owned or operated by HSC, I am solely responsible for the safety and well-being of that individual. That I am solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming alcohol to include, but not limited to, property damage, personal injury, death, or disfigurement to themselves, as well as property damage, personal injury, death, disfigurement, or loss of consortium to third parties. 

I acknowledge that HSC may terminate the charter at anytime if HSC believes for any reason that I or a member of my party are acting in a manner that is deemed to be unsafe, or that could cause an injury to a person or damage to property. If a charter is terminated due to such cause, I understand there will be no refunds. 

IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY. 

I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

I agree to be financially responsible for any rental equipment I lose or break.  

I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS. I HEREBY FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ANYONE ELSE WHO MIGHT MAKE A CLAIM ON MY BEHALF, COVENANT NOT TO SUE, WAIVE, RELEASE, AND DISCHARGE HONOLULU SAILING COMPANY, LLC, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS FROM ANY AND ALL LIABILITY, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, DISFIGUREMENT, OR LOSS OF CONSORTIUM. THIS WAIVER EXTENDS TO ANY AND ALL CLAIMS OF EVERY KIND OR NATURE WHATSOEVER, FORESEEN OR UNFORESEEN, KNOWN OR UNKNOWN. I FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY HONOLULU SAILING COMPANY, LLC, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS FOR ANY AND ALL CAUSES OF ACTION, CLAIMS, OR LAWSUITS. I REALIZE THAT THIS DOCUMENT IS A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

 

Date signed: October 1, 2022                       


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Date of Charter

Date of the Charter *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
SWIM EXPERIENCE* I can swim and stay afloat without assistance.*
No
Yes
SNORKEL EXPERIENCE* I have snorkeled before, and am comfortable using mask, fins and snorkel.*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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