Last Updated: Oct 15, 2020
Welcome to Roatan Five Stars Tours!
These Terms of Use apply to any use of Roatan Five Star’s services. Please read these Terms of Use carefully, as they contain important information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using Roatan Five Star’s services, you are indicating that you have read these Terms of Use and agree to be bound by them. If you do not agree with all of these Terms of Use, you are not permitted to access or use the services.
1.1 These terms of use, together with the Privacy Policy (collectively, the “Terms of Use”) set out the terms on which Roatan Five Stars Tours (a Honduran company, together with certain specified affiliates and subsidiaries: “Roatan Five Stars Tours”, “we”, “us, “our”) provides services (the “Services”) through Roatan Five Stars Tours website (www.roatanfivestars.com) and over the telephone. When we refer to “you”, we mean any person that accesses or uses the Services.
1.3 These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of any tour, ticket, attraction, activity and/or experience (described in these Terms of Use as an “Experience”) that is advertised on the Website and is made available by a third party supplier (each, a “Product”).
1.4 By using or accessing the Services, by booking a Product (“Book”, “Booking”), and/or creating an account on the Website (a “Roatan Five Stars Tours”), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.
1.5 We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.
1.6 THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
2.1 As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete, and (ii) you are 13 years of age or older in order to use the Website. Roatan Five Stars Tours does not knowingly collect the information of anyone under the age of 13.
2.2 Your use of the Services is permitted by Roatan Five Stars Tours only for personal, non-commercial use and/or to make legitimate requests to make a Booking of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests or Bookings.
2.3 You further represent and warrant that you (a) are not currently suspended and have not previously been banned by Roatan Five Stars Tours from using the Services; (b) are not acting on behalf of a competitor of Roatan Five Stars Tours; (c) will not create more than one Roatan Five Stars Tours Account; and (d) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.
2.4 We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
2.5 In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Roatan Five Stars Tours does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.
4.1 The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software (including Software, as defined in Section 8.2), code or other material, and collectively described herein as the “Website Content”), as well as the infrastructure used to provide such Website Content, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires the prior written permission of Roatan Five Stars Tours.
4.2 Additionally, you agree that you will not and will not assist or enable others to:
a. use the Website or the Website Content for any commercial or unlawful purpose;
b. access, monitor or copy any Website Content using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any Website Content for any purpose without our express written permission;
c. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
d. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
e. deep-link to any portion of the Website for any purpose without our express written permission;
f. “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
g. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software;
h. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;
i. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
j. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
k. use the Website to promote bigotry or discrimination against protected classes;
l. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
m. use the Website to submit or transmit pornography or illegal content;
n. use the Website to solicit personal information from minors, or to harm or threaten to cause harm to, any person including minors;
o. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
p. use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
q. use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
r. use the Website to violate the security of any computer network, crack passwords or security encryption codes;
s. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
t. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
5.1. When you use the Roatan Five Stars Tours Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from marketing-related e-mails by emailing info@roatanfivestars.com, however, we may continue to send you non-marketing messages, such as messages related to any upcoming Bookings.
11.1 The price of each Product will be quoted on a per-person basis, unless otherwise specified.
11.2 Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Roatan Five Stars Tours.
11.3 Price quotations are subject to change without notice, until a Booking has been made.
11.4 Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
11.5 Inclusions are determined by the Supplier. Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.
The standard cancellation policy allows you to request a change to and/or cancel a booking up until 24 hours before the start time of the Booking; or if the Experience does not have an explicit start time, the deadline to request a change or to cancel will generally be 11:59 pm, two days before the start date. Timings are calculated in accordance with the time zone of the Experience.
16.1 Occasionally a Supplier may make a change to a Product after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other Product features and/or requirements. As a result, Roatan Five Stars reserves the right to cancel, change or substitute any Product that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.
16.2 We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier’s interests and/or your interests, to withdraw our Services resulting in an override of the Product’s cancellation policy and the effective cancellation of a Booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we and the applicable Supplier shall have no liability for such cancellations or refunds.
The following Conditions for booking a tour possess important information. Please read them carefully as they represent a binding contract between us; “Roatan Five Stars Tour” and You; the Signee for the travel services provided by “Roatan Five Stars Tour”. The present document sets out the basis for your relationship and “Roatan Five Stars Tour”.
TOUR PAYMENTS: All payments, including the initial deposit, can be made by credit card, or wire transfer. Unless otherwise stated in the tour flyer & description, full payment is due upon arrival at the resort to our general manager.
CANCELLATIONS – Deposits are non-refundable. Deposits may be transferrable to other Roatan Five Stars tours if those tours have space available and are beginning less than 6 months from the date of the original tour. For cancellations made 180 days or more before the tour departure date, 50% of payments made will be refunded, less a cancellation fee of $500. For cancellations made between 179 and 151 days before the departure date, 25% of any payments made will be refunded less a cancellation fee of $500. If cancellation is made fewer than 150 days before the departure date, no refund is available. This policy and fee schedule also applies to pre-and post-tour extensions. It is necessary to make your payments on time and according to the payment schedule to retain your space on a tour. We highly recommend that you purchase trip cancellation (including medical emergency) insurance to cover your investment in case of cancellation, injury, or illness to you or a family member prior to or during a trip.
LIABILITY
Roatan Five Stars Tours gives notice that it is only an agent to the owners and suppliers providing transportation, accommodation, meals, tours, and/or related travel services. Roatan Five Stars Tours also assumes no responsibility for any delay, mishap, inconvenience, expense, injury or death, or damage to property occasioned through the negligence or default of any company or individual engaged in providing these services. Roatan Five Stars Tours assumes no responsibility or liability for any delay, mishap, inconvenience, expense, injury or death, or damage to property occasioned through acts of God, detention, weather, quarantines, strikes, or civil disturbances. Roatan Five Stars Tours reserves the right to alter the itinerary and/or substitute vessels, hotels, and/or airlines when deemed necessary or advisable.
RELEASE
I have read and do accept the Terms and Conditions as stated on this page. I also acknowledge that during a trip to a destination such as this and on a tour of this nature, certain risks & dangers may be involved, including but not limited to: riverboat travel, hiking over unstable terrain and undeveloped areas, forces of nature, and accident or illness in remote areas without means of rapid evacuation or availability of medical supplies and facilities. I am voluntarily participating in these activities with the knowledge of the dangers involved and hereby agree to assume any and all risks, including injury and death. I, therefore, release and discharge (and will not make a claim against)
Roatan Five Stars Tours for bodily injury, death, or property damage arising from my participation in this tour. This release of liability is entered into on behalf of all members of my family, including all minors accompanying me. I certify that l am the parent or legal guardian of any such minors and that I am over 21 years of age.
