Smiths Tours and Adventure Limited

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    TERMS

    The following terms and conditions are for the use of Smiths Tours and Adventure Limited.

     

    GENERAL

    In Order to use our services, you must be 18 years and older to use this website. By reading the terms you have accepted them in full. You must read this Agreement before using the website to book either a Transfer or Tour/Excursion. In doing so you agree that you understood and possess the legal authority to create a binding legal obligation. Users will only use this website to make legitimate reservations for themselves or any other persons for whom the user is legally authorized to act for.

     

    USER RESPONSIBILITY

    1. Smiths Tours and Adventure Limited is not responsible for any loss, damage or stolen personal items while on our services.
    2. The information you provide to us is correct and complete.
    3. You agree to notify Smiths Tours and Adventure Limited promptly whenever there is a change in a booking and that providing false or incorrect information may result in services withholding, delays, suspension or termination of your customer account.
    4. You agree to reconfirm your departure flight time with us, so we can provide you with an appropriate pickup time
    5. Where information such as incorrect flight information, dates, e-mail address or any information submitted by you causes a delay Smiths Tours and Adventure Limited, will not make compensation payments for any cancellation/changes caused by any incorrect information supplied by you.
    6. Smiths Tours and Adventure Limited is hereby relieved from all claims and causes by you of actions arising from any damages, injuries or death resulting from taking personal risks when doing these adventures. It is solely your responsibility to partake in these activities safely.

     

    DISCLAIMERS AND LIMITATION OF LIABILITY

    1. Smiths Tours and Adventure Limited does not represent or warrant that the services will be uninterrupted or error free, that defects will be corrected, or that the service that makes them available is free of viruses or any other harmful components.
    2. Smiths Tours and Adventure Limited does not represent that the use or the results of the use of the services or the materials made available as part of the services will be correct, accurate, timely or otherwise reliable.
    3. Smiths Tours and Adventure Limited is not responsible or liable for the conduct of any other party or any infringement of another’s rights including intellectual property rights.
    4. Smiths Tours and Adventure Limited and its respective third-party suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the Services for any purpose. You agree that the Services are provided as is without warranty of any kind. 
    5. No portion of transfer fees at Smiths Tours and Adventure Limited is transferable or refundable once service is provided.
    6. Smiths Tours and Adventure Limited stands no cost for any oversized or extra luggage traveling with you. It is your responsibility to inform us of items such as golf clubs, bicycles, strollers, etc. You will need to inform us when booking to ensure we can provide the correct vehicle. Should you fail to notify us, you will be liable for any additional costs incurred
    7. Due to the daily changes in the exchange rate Smiths Tours and Adventure Limited owes no obligation to you when all rates are subject to change without notice
    8. If you are dissatisfied with any portion of the services being provided or any of these terms of, use your sole and exclusive remedy is to discontinue use of the services

     

    INDEMNIFICATION

    1. You agree to defend, indemnify and hold harmless Smiths Tours and Adventure Limited, its parents, subsidiaries, affiliates, and employees, harmless from and against any claim, demand or damage including lawyer’s fees asserted by any third party due to or arising out of:
    2. any violation of applicable laws, regulations or this Agreement by you or anyone accessing the services through your customer account, with or without your permission.
    3. any negligent acts, errors or omissions by you or anyone accessing the Services through your customer account, with or without your permission.
    4. any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with the Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Smiths Tours and Adventure Limited.
    5. all claims for infringement of any intellectual property rights arising from the use of the Services by you or anyone accessing the Services through your customer account, with or without your permission

     

    CONDITIONS OF BOOKING, AIRPORT TRANSFERS AND TOURS/EXCURSIONS
    The following terms and conditions apply to all bookings, whether online or through our contact service. By booking with us, you agree to be bound and abide by the following rules and conditions:

    1. User authorizes us to make reservation for the total reservation price displayed on this website.
    2. Deposits MUST be made through Zelle to reserve slots for any Tour/Excursion. Contact us using our info above. Otherwise, you may pay in FULL upon arrival by cash or card.
    3. Pick up and drop offs will ONLY be done at the hotel/resort in which you’re staying.
    4. Book and complete any 3 or more Tours/Excursions with us and get your Departure for FREE once you’re staying in the Montego Bay region and get a 50% discount otherwise.
    5. Group Tours/Excursions of 10 persons or more get a 10% discount.
    6. Children under 5 years of age travel for free on arrival or departure.
    7. After any tour there is a stop provided for either lunch or dinner. Unless you choose to head straight to your hotel/resort
    8. Shopping is complementary with ALL Tours/Excursions.
    9. Users may cancel or change their prepaid reservation in accordance with our cancellation policy.
    10. User agrees to pay any cancellation charges or fees that may apply. All costs are shown in US dollars unless otherwise stated.
    11. All rates are subject to change without notice.
    12. We reserve the right to offer an alternative tour package of a similar standard if the supplier overbooked their property or for any reasons beyond our control.
    13. When placing a booking you undertake to us that the details you have supplied are correct, including passenger names, dates of travel and time of arrival/departure.
    14. If there are changes to the details supplied, it will be your responsibility to contact us and request changes.
    15. Full payment is due at the time of booking through Zelle. Otherwise, you can pay upon arrival via cash or card.
    16. If you do not receive a booking confirmation from us within 24 hours you must let us know by email as failure to do so may lead to missed emails about your booking which we cannot be held responsible for. It is always your responsibility to ensure that your email address or contact number remains active.
    17. If your email address or contact number changes, you must advise us immediately letting us know if you did not receive our acknowledgment of your email address change within 48 hours.
    18. Smiths Tours and Adventure Limited is a transportation service provider that seeks to connect You with Tours and excursions provided by third party attraction owners. You understand that the Tours represented on this website are provided by independent owners.
    19. You hereby represent, understand and expressly agree that Smiths Tours and Adventure Limited does not control the quality, timing, legality or any other aspect whatsoever of the services delivered by these third-party owners, nor of the integrity, responsibility or any of the actions whatsoever of these companies.
    20. Smiths Tours and Adventure Limited will use its best efforts to offer services provided by those companies who are reputable and offer quality services in accordance with the Jamaica Tourist Board. We have taken care and responsibility to verify and check all information provided on our website at the time of compilation; however, as this information is supplied by the relevant attraction, tour, we accept no responsibility for any inaccuracy contained in the information provided on our website.

     

    CANCELLATION POLICY
    Any cancellation made by you must be made by telephone or email and acknowledged by Smiths Tours and Adventure Limited two (2) weeks prior to the provision of any service.

    The date on which the request to cancel is received by Smiths Tours and Adventure Limited will determine the refund due as follows:

    1. Cancellation 2 weeks or more before any amount paid less upfront costs. These upfront costs may represent out-of-pocket expenses for tickets, or the cost to reserve the excursion.
    2. Cancellation 72 hours before: 50% of amount paid less upfront costs. These upfront costs may represent out-of-pocket expenses for tickets, or the cost to reserve the excursion.
    3. Cancellation 24 hours or less: NO REFUND

     

    In some cases, Smiths Tours and Adventure Limited may cancel a tour due to weather or other circumstances. If Smiths Tours and Adventure Limited cancels the tour, you may choose between a rescheduling of the tour OR 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 where applicable.

     

    PRIVACY POLICY

    Smiths Tours and Adventure Limited is dedicated and driven towards the safe keeping of our website visitors and users’ privacy; this policy represents how we will handle your personal information.

    Collection and Use of your Personal Information
    Smiths Tours and Adventure Limited collects, store and use the following kinds of personal data such as: your e-mail address, name, home address or telephone number. Smiths Tours and Adventure Limited also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. A) Information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type, referral source, length of visit and number of page views. B) Information relating to any transactions carried out between you and us on or in relation to this website. C) Including information relating to any purchases you make of our goods or services. D) Information that you provided to us for the purpose of registering with us which includes your personal contact details, billing and shipping address information. E) Information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters and any other information that you choose to send to us.

     

    Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

     

    We may use your personal information to:

    1. Administer the website.
    2. Improve your browsing experience by personalizing the website.
    3. Enable your use of the services available on the website.
    4. Send the goods you purchased via the website, and supply services purchased via the website.
    5. Send statements and invoices to you and collect payments from you.
    6. Send you email notifications which you have specifically requested
    7. Provide third parties with statistical information about our users – but this information will not be used to identify any individual user.
    8. Deal with enquiries and complaints made by or about you relating to the website and where you submit personal information for publication on our website. We will publish and otherwise use that information in accordance with the license you grant to us.
    9. We will not without your consent provide your personal information to any third parties for the purpose of direct marketing.

    Use of Cookies
    A cookie consists of information sent by a web server to a web browser and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

    We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to keep track of you whilst you navigate the website. We will use the persistent cookies to enable our website to recognize you when you visit.

    Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

    You can choose to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Smiths Tours and Adventure Limited websites when you visit.



    Security of your Personal Data

    1. We will take reasonable, technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
    2. We will store all the personal information you provide on our secure firewall protected servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
    3. Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
    4. You are responsible for keeping your password and user details confidential. We will not ask you for your password.

    Policy amendments
    Smiths Tours and Adventure Limited may update this privacy policy from time-to-time by posting a new version on our website.  You should check this page occasionally to ensure you are happy with any changes.

    Your Rights
    You may instruct us not to process your personal data for marketing purposes by email at any time.  In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.

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