This page was last changed on January 10, 2022.
These Terms and conditions apply to this website and to the transactions related to our services. You may be bound by additional contracts related to your relationship with us or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By accessing or using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
3.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
4. Responsible use
4.1 Use of our Website
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
4.2 Use of our Services
Guests understand that there are inherent risks involved with water activities, including but not limited to equipment failure, perils of the sea, harm caused by creatures (including bites), acts of fellow participants, boarding or disembarking boats, entering and exiting the water, walking around the island, climbing and descending stairs and all other activities and HEREBY ASSUME SUCH RISKS.
Guests will be required to sign a waiver to participate.
5. Refund and Return policy
We have a 48 hour, 100% cancellation policy. Guests may cancel the excursion for any reason prior to 48 hours of the excursion departure time at no charge. Any cancellation received WITHIN 48 hours of the scheduled departure time or any no-show on the day of the excursion is subject to a 100% cancellation/no-show fee and no refunds will be authorized.
In order to ensure on-time departures, we require you to check-in 10 minutes prior to the tour’s departure time.
We reserve the right to make cancellations based on unexpected weather conditions or other reasons deemed acceptable by its operators.
5.2 Refunds and Reschedule Policies
There are no weather-related refunds if we operate the excursion. In the event that we deem the weather as unsafe and cancel the trips, the guest will be able to reschedule their excursion or receive a full refund.
We are not responsible for any credit card or bank fee charges.
All activities are weather-permitting. We cannot guarantee that all activities will be available and reserve the right to decide whether to offer a particular activity on a given day based on the safety of our guests and staff.
If a booking is made with a credit card over the phone supplied by the guest, we will email a voucher to the email address provided by the guest. If the guest replies to the email confirming the booking, then the guest will also be agreeing to the terms and conditions of the booking and acknowledges that the credit card information was voluntarily given on their own free will to make the reservation and releases us from any chargebacks, refuses, or merchant disputes in the future.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
7. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
8. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
9. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
11. Minimum age requirement
By using our website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age.
If you are over 18 years old but under the age of 16, your Parent or legal guardian must review and agree to these Terms before you use our website any further, and your Parent or legal guardian will be responsible and liable for all of your acts and omissions.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
13. Entire agreement
14. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
15. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Jamaica. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Jamaica. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
16. Contact information
This website is owned and operated by RMC Luxury Yachting Ltd.
You may contact us regarding these Terms and Conditions through our contact page.