The following booking conditions form the basis of your contract with Cay Island Tours ("we", "us" and "our"). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions only apply to the tour arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to "tour", "booking", "contract" or "arrangements" mean such trip arrangements unless otherwise stated. References to "departure" mean the start date of these arrangements.
Booking Your Trip and Payment Details
1. To make a booking please follow the procedure shown on our website. The relevant application form needs to be completed by lead of your group. Where you are under 18 at the time of booking, the application form also needs to be made by your parent or guardian.
Where we have already confirmed the availability of your chosen arrangements and you book within any applicable time limit for doing so, your booking will be treated as firm and a contract between us will come into existence as soon as we receive your completed application form and your payment. We will then send you a receipt for all payments made and our invoice.
2. Full payment of your tour must accompany the booking.
3. The price quoted for any trip covers the cost of seat space and the full tour experience.
We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
4. Health: Except as disclosed in your medical questionnaire, you are taken to confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the tour, and unaware of any reason why you may be unsuited to taking part or m5y be likely to suffer illness or injury during the tour, taking into account its challenges and purposes. If you are unable to give for this confirmation for any reason or have any medical condition or disability which may affect your tour, you must contact us before you submit your application form so that we can assist you in considering the suitability of the trip for you.
5. Special requests: Please advise us of any special requests prior to making your booking. Where possible, we will endeavour to meet or arrange for our suppliers to meet any such request. Requests will be complied (where it is possible to give this) where it is important to you.
Cancellations and Changes
6. Cancellation of bookings must be notified to us by letter or email by the party leader as soon as possible. Your notice of cancellation will only be effective when it is received in writing by us. Except as set out in paragraph 8 below, the following cancellation charges will be payable.
7. You may transfer your place to someone else (introduced by you) if you are prevented from traveling, providing we are notified not less than 2 weeks before departure and subject to practicality of changing certain bookings made in your name.
8. Changes to your confirmed tour can be considered depending on practicalities and availabilities, but there might be a cost associated with these changes. We do not charge an amendment fee for doing so and will only pass on any extra costs involved in providing additional or alternative services which are incurred or imposed by any of our suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
9. Changes and cancellation by us: We may have to make changes to and correct errors in advertised and confirmed details and also cancel confirmed bookings which we must reserve the right to do. Please note, our tour may require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular trip has not been received, we are entitled to cancel it. We will notify you of cancellation for this reason 24 hours prior to departure.
Cay Island Tours will issue a refund if cancellation is made 48 hour before your scheduled tour. If the company has to cancel due to weather or mechanical issues, a full refund will be issued.
Worldwide Liabilities to Third Parties: $2,000,000.
Definitions: The “Participant” means a person who is participating in the Activity, as defined herein, and where the Participant is under the age of 18 includes the Participant’s parent(s) or legal guardian(s). Any reference to the “Operator” is a reference to Cay Island Tours Ltd. and includes, without limitation, any and all affiliated or associated companies, shareholders, owners, officers, directors, servants, agents, employees, successors, assigns, parents, predecessors, subsidiaries, affiliates and insurers. The “Activity” means any activity or excursion provided, offered, arranged, managed, or controlled by the Operator, and includes but is not limited to boating, snorkeling, or other aquatic activity; and includes all use of the equipment, property, premises, and facilities of the Operator for any purpose
Assumption of Risk, Release, Indemnification: In consideration of being allowed to participate in any Activity provided by the Operator at any time following the execution of this Release Agreement, the Participant does hereby agree, to the fullest extent permitted by law, to unconditionally and irrevocably:
1) ASSUME ALL RISKS of participating in any Activity, even those caused by the negligent acts or conduct of the Operator. The Participant acknowledges that such risks include, but are not limited to, risks arising from boat or other equipment malfunction, weather, drowning, sunburn, collisions, wildlife, and negligence. The Participant further acknowledges that taking part in any Activity involves the risk of loss, damage, serious physical injury, and/or death;
2) RELEASE the Operator from all liability for any loss, damage, injury, death, or expense that the Participant (or their estate, dependents, or next of kin) may suffer, arising out of or in any way connected with any Activity; and to RELEASE the Operator from any and all demands, liabilities, rights, claims, actions, suits, damages, judgments, costs, executions, or expenses arising out of or in any way connected with any Activity, which the Participant now has or any time hereafter may have, or but for this Release Agreement could or might have had in law or in equity, including but not limited to claims of negligence and/or breach of contract; and
3) INDEMNIFY and hold harmless the Operator from any and all demands, liabilities, rights claims, actions suits, damages, judgments, costs, executions, or expenses arising out of or in any way connected with the Participant’s participation in any Activity.
Photography & Video Release: the Participant hereby grants the Operator the right to take photographs and videos of the Participant and grants the irrevocable, absolute, worldwide right, license and permission, without any additional cost, to copyright, publish, or use the Participant’s name, likeness, image, voice, and audio footage or film obtained during the Participant’s participation in any Activity for any lawful purpose.
Venue, Choice of Law: Any and all claims arising from, or related to, the Activity, including any dispute over the enforceability of this Release Agreement, shall be brought in a court of competent jurisdiction in the Commonwealth of The Bahamas. All such disputes shall be governed by and in accordance with the laws of the Commonwealth of The Bahamas. To the extent that any portion of this Release Agreement is deemed to be invalid under the law of the Bahamas, the remaining portions of the Release Agreement shall remain binding and available for use by the Operator and its counsel in any proceeding.
Miscellaneous: The Participant understands and acknowledges that they are obligated to follow the rules of each Activity and that they can minimize their risk of injury through the exercise of common sense and by being aware of their surroundings. If, while participating in any Activity, the Participant observes any unusual hazard, which they believe jeopardizes their personal safety or that of others, they will remove themself from participation in the Activity and immediately bring said hazard to the attention of the Operator.
The Participant further acknowledges, represents, and warrants that they have read and understood this Release Agreement and voluntarily agree to the terms herein.