West Side Destination LLC Customer Terms and Conditions
Revised May 17, 2018.
This Agreement sets forth the terms and conditions between West Side Destination LLC (WSD) and users who use our website to buy/reserve our tours and/or transportation services (“YOU”) may those tours be operated by WSD or any individual who provides tours and/or transportation services (“OPERATORS”). This Agreement explains how YOU purchase tours and transportation services and specifically limits the liability of WSD.
YOU must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and YOU warrant that you understand, agree to and accept all terms and conditions contained here.
WSD connects YOU with Tours and Adventures operated by WSD and/or other OPERATORS, who are seeking to provide tours and transportation related services. We do this through our website, WSDestination.com (“Site”), which is a descriptive forum of the services and Tours operated by WSD andOPERATORS, connected to FareHarbor’s booking and payment processing system to complete the purchase.
YOU understand that the OPERATORS presented on the Site are independent contractors and that the OPERATORS are not employees or agents of WSD. YOU hereby understand and expressly agree that WSD does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the OPERATORS, other than WSD ourselves, nor of the integrity, responsibility or any of the actions whatsoever of the OPERATORS.
WSD uses its best efforts to monitor OPERATOR profiles, service offerings, actions and comments, and suspend privileges to any OPERATOR not adhering to policies of WSD. By using this Site, you agree to report any alleged improprieties of any OPERATOR to WSD immediately.
YOU may seek the services of an OPERATOR and/or WSD through the use of the Site. Once a service has been paid and the payment has been processed, there is a binding contract between YOU and the OPERATOR and WSD. Once YOU have purchased a tour or transportation service, if there are any issues relating to the service that cannot be resolved directly with the OPERATOR, YOU should contact WSD and we will attempt to resolve the issue.
WSD is the Merchant of Record and uses a third party service to process your credit card information for all transactions made through WSD. We do not store your credit card information on WSD’s web servers or in paper files. YOU hereby agree to hold WSD harmless for any damages that may result should any personal information about YOU be released by any third parties. For further information regarding that service, please contact WSD’s credit card processing company, FareHarbor.com.
Any cancellation by YOU must be made by telephone or email and acknowledged by WSD. The date on which the request to cancel is received by WSD will determine the refund due as follows: Cancellations 48 hours or more before check-‐in time: YOU may change your reservation or request a refund of amount paid less upfront costs. These upfront costs are disclosed to YOU when YOU use the Site to complete the transaction and may represent out of pocket expenses, transportation deposits and processing and/or service fees.
Cancellations made less than 48 hours before check-‐in time, after departure time, late arrivals, and “no shows”: no refund.
Groups of 10 or more guests must cancel at least 2 weeks prior to the date of the excursion in order to receive a full refund. Cancellations of groups made in less than 2 weeks prior to the excursion date will maintain a full charge on any spaces we are unable to resell.Guests that are no-‐shows or late arrivals will receive the full charge.
Due to the unique nature and small size of our groups, we are forced to remain firm about our cancellation policy. Consider that on the day of your excursion we will be there, on site, waiting, and ready to serve you. Regardless of the cancellation reason, our time and fixed costs are already invested; we may even have turned down other customers by holding your space.
In some cases, WSD or the OPERATOR may cancel a tour or transportation service due to weather or other circumstance. In the event that WSD or the OPERATOR cancel the tour or transportation service, or does not deliver it as promised, YOU may choose between a rescheduling of the tour or transportation service
OR a full refund of all monies paid or a credit towards an alternative tour or travel service. If you choose to accept a credit, the difference in the cost of the alternative tour or transportation service will be refunded by WSD or paid by YOU, as applicable.
WSD is not responsible for any incidental expenses YOU may have incurred in reliance on the tour or transportation service booked on the Site, including, without limitation, expenses arising from the purchase of necessary clothes and/or sportswear, or of any loss of enjoyment.
4. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY
YOU acknowledge that all transportation services and tours involve an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. YOU hereby assume all such risk and YOU, your estate, your family, heirs and assigns hereby release WSD and the OPERATOR from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-‐pecuniary, to YOU that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the OPERATOR or any employee, officer, agent, contractor or assign of WSD, whether such negligence is passive or active.
Prior to tour commencement, the OPERATOR may ask YOU to sign a Liability Release.
We urge you to exercise caution if you purchase any goods during your tour. Neither WSD nor the OPERATOR makes any claims about the quality, source or other provenance of any goods that may be available for purchase.
5. Prohibited Use
The Site may not be used to recruit, solicit, or contact OPERATORS for employment or contracting for a business not affiliated with WSD unless you first obtain express written permission from WSD.
6. Information Provided by YOU
YOU are responsible for providing accurate, timely and complete information in connection with the purchase and registration for a tour and/or transportation service. WSD is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by YOU and/or to the OPERATOR by YOU for the sole purpose of the registration for the tour and/or transportation service.
WSD uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact WSD’s credit card processing company www.FareHarbor.com.
7. Modification of the Terms of this Agreement
WSD reserves the right to make changes to this Agreement from time to time. WSD will provide notice to YOU of any substantive and/or material change to this Agreement or any policies posted on the Site by posting such changes on the Site.
8. Term of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination that shall be effective immediately upon delivery of such notice to the other party. Furthermore, WSD may terminate this Agreement immediately for any breach by YOU of this Agreement or any applicable policy of WSD as posted on the Site from time to time. In the event of termination or expiration, the following sections shall remain in full effect: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information provided by YOU); Section 7 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability);
Section 15 (Legal Claims); and, Section 16 (Miscellaneous Provisions).
Should YOU violate the terms of this Agreement, WSD reserves the right, without prejudice to any other rights or remedies available to WSD, to terminate your use of this Site immediately at its discretion.
9. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary
Material”) that YOU see or read on the Site is owned by WSD, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. YOU may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without the prior written permission of WSD.
10. Notice of Trademark Rights
The service marks and trademarks WSD and the WSD logo are service marks owned by WSD. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. YOU may not copy or use any of these marks, logos or trade names without the prior written permission of WSD or the applicable owner.
WSD is committed to ensuring the privacy of the information YOU give us.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. WSD DOES NOT WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR-‐FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, YOU AGREE THAT YOU ARE 18 YEARS OF AGE
OR OLDER, HAVE READ THE INFORMATION PROVIDED ON THIS AGREEMENT, FULLY UNDERSTAND ITS
TERM, UNDERSTAND THAT YOU ARE AUTHORIZING WSD TO CHARGE THE AMOUNT ON THE TOUR AND/OR
TRANSPORTATION SERVICE BEEN PURCHASED AND ANY ADDITIONAL CHARGES THAT MAY OCCUR FROM
YOUR BEHAVIOR, AND THE PURCHASE IS BINDING TO A COMPLETE AND UNCONDITIONAL RELEASE OF ALL
LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE COMMONWEALTH OF PUERTO RICO LAW AND
AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE,
NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
13. Limitation of Liability
Under no circumstances will WSD be liable to YOU for any indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site and the OPERATORS. Furthermore, the TOTAL liability of WSD arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by YOU to WSD under this Agreement and is subject to take into account expenses made towards the possibility and production of your purchase.
Any notice or other communication to be given hereunder will be in writing by electronic mail, or given by postpaid registered or certified mail.
15. Legal Claims
For any and all disputes between WSD and YOU relating to the Site, this Agreement, transactions
facilitated or conducted through the Site, tours and transportation services ordered or purchased through the Site, dealings between YOU and WSD, dealing between YOU and OPERATORS, or any related matters (“Claims”), the parties will attempt to find the least onerous solution to the Claims. If a Claim cannot be resolved by the parties, then the Claim must be resolved by a legal mediator and/or before the courts of the Commonwealth of Puerto Rico, and YOU hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Commonwealth of Puerto Rico in respect of all Claims. Proceedings
regarding Claims must be commenced in a court of competent jurisdiction in the City of San Juan, Puerto Rico, within three (3) months after the Claim arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement gives either party rights nor authorities to make any statements, representations or commitments of any kind, or take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Furthermore, nothing in this Agreement shows any intent nor shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other.