Terms and Conditions
ASSUMPTION OF RISKS. THERE ARE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH OUTDOOR TOURING ACTIVITIES AND BY BOOKING YOUR TOUR YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.
NO WARRANTIES. To the full extent permitted by applicable law, SOUTHWEST FLORIDA ECOTOURS, INC. disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or any warranty that the tour will BE operated uninterrupted or risk free.
WAIVER OF CLAIMS. YOU AGREE TO WAIVE ANY AND ALL CLAIMS, DEMANDS, DEBTS, OBLIGATIONS, LIABILITIES, COSTS, EXPENSES, RIGHTS OF ACTION, CAUSES OF ACTION OR JUDGMENTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR ABSOLUTE, DIRECT OR INDIRECT, AT LAW OR IN EQUITY (COLLECTIVELY, “CLAIMS”) THAT YOU NOW HAVE OR MAY IN THE FUTURE HAVE AGAINST Southwest Florida EcoTours, Inc. and our directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (COLLECTIVELY, THE “RELEASED PARTIES”) AND TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS THAT YOU MAY SUFFER ARISING OUT OF A TOURING ACTIVITY, DUE TO ANY CAUSE WHATSOEVER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE TOURING ACTIVITIES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100.00 (WHICHEVER IS LESS) FOR THE TOURING ACTIVITIES.
CHANGE OF ITINERARY OR CANCELLED TRIPS. We reserve the right to change the itinerary, without notice, due to inclement or hazardous weather, change in government regulations, and/or circumstances that render the trip unsafe or unsatisfactory to the welfare of the group. We reserve the right to cancel any trip prior to departure for any reason whatsoever, including insufficient registration or logistical and safety complications that may impede trip operations.
RESERVED RIGHTS. We reserve the right to decline to accept or retain any person as a member of any tour should such person’s health, mental or physical condition or general deportment impede the operation of the tour or the rights, welfare or enjoyment of other passengers without a refund. Meals, gratuities, entertainment and tax are not included in tours unless specifically stated. The fare quoted herein is based on those rates in effect at the time of the booking and while no changes are anticipated, fares are subject to change without notice.
GENERAL PROVISIONS. These terms of use shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any principles or conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in Collier County, Florida, or the federal courts located in Lee County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. Your personal information including your address, email address, and/or credit card information is strictly protected and will NOT be revealed to anyone outside of us. Any provisions, terms and conditions of this Contract shall supersede and control any other terms and conditions contained in any prior agreements or on the website: www.southwestfloridaecotours.com.
REFUNDS AND CANCELLATIONS. Tours can be canceled up to 48 hours before your scheduled pick up time and the date of your tour. A refund will then be issued to you less a $30.00 service fee. We apologize for this charge, but we have to pay credit card processing fees and cancellation charges for all canceled reservations.
If you cancel between 24 hours and 48 hours of your tour, you will be charged a 50% cancellation fee based on your ticket price(s).
No refund can be given on any cancellation with less than 24 hours notification. You will be charged the full ticket price. No-shows at the time of departure will be charged the full ticket price and your money will not be refunded.
If Southwest Florida EcoTours has to cancel the tour prior to your tour's scheduled departure due to unforeseen circumstances or weather conditions, we will refund the full amount paid for the tour or you can reschedule for a future date if seats are available. If you can't rebook your tour, then you will be refunded your full tour amount.
All tours will operate as scheduled unless the tour is canceled by Southwest Florida EcoTours. Weather situations, which are beyond our control, that develop while a tour is already underway, will be dealt with to insure your safety and to include as much of the original tour as possible. No refunds will be issued if the tour is canceled after being underway.
Southwest Florida EcoTours is not responsible, if you book the wrong date for your tour. Booking the wrong date causes unnecessary confusion for both you and Southwest Florida EcoTours. If you have mistakenly booked the wrong date and want to reschedule your tour then you will be charged a $30.00 rebooking fee per reservation. Rebooking can only be accomplished by calling and speaking directly to a Southwest Florida EcoTours representative. You cannot rebook online! Rebooking must be done no later than 48 hours before your tour; otherwise, you will forfeit your reservation(s).
Southwest Florida EcoTours, Inc. is not responsible if you show up at the wrong pick up location. If you are late for your designated pick up time and the tour has already departed, then you will not be issued a refund since it was your responsibility to be at the location that you selected at the designated time. We have listed each pick up location for our tours on our Location Pick Up Map. It is your responsibility to print a copy of your specific pick up map prior to the tour so you will not get lost. Please note your pick up location on your tour confirmation receipt. You may contact us via telephone or email if you need detailed driving directions to avoid confusion since our tours leave on time unless otherwise noted.
We apologize, but no exceptions can be made for any reason regarding cancellations.
ALCOHOL AND DRUGS. Alcoholic beverages and illegal drugs are not permitted on any portion of the tour due to liability and safety factors relating to outdoor tours. Southwest Florida EcoTours, Inc. will not be liable for any individual or group who injures themselves due to alcohol or drug use. Possession or consumption of alcohol by minors is unlawful. Southwest Florida EcoTours, Inc. reserves the right to remove any individual or group from a tour due to intoxication, drug use or disruptive or unusual behavior.
MEDICAL CONDITIONS. All participants in our outdoor tours should consult their physician or other qualified health provider before engaging in this or any other outdoor touring program. Due to the nature of outdoor tours, there is no guarantee that medical help will be available, if needed, and Southwest Florida Ecotours, Inc. does not provide medical personnel on its tours. BY DECIDING TO PARTICIPATE IN OUTDOOR TOURING, EACH PARTICIPANT IS ASSUMING ALL RISK OF INJURY, HARM AND LOSS. Southwest Florida Ecotours, Inc. shall have no responsibility or liability for any illness or medical condition suffered as a result of participation in outdoor touring and no responsibility for lack of availability of medical assistance.
LOST OR DAMAGED PERSONAL PROPERTY. Southwest Florida EcoTours, Inc. assumes no responsibility for any lost, damaged, or soiled clothing or personal property. It is the responsibility of the client to protect and safeguard all personal property and belongings while on the tour at each location. It is also the client's responsibility to check the bus and all locations prior to leaving for all personal property brought with you on the tour.
If the client loses a personal item on a tour then it will be the responsibility of the client to pay any postage or shipping costs including handling for the return of the item if it is recovered. The client will be then responsible for supplying Southwest Florida EcoTours, Inc. a valid credit card for these fees prior to shipping the lost item.
TRANSPORTATION. Failure to complete the tour will result in forfeiture of deposit. You will respect the driver of any mode of transportation, including vehicles and boats, judgment as to the safety and feasibility of travel. The driver has the authority to deny transportation to any group of individual that interferes with the safe operation of the vehicle. You should inspect the vehicle prior to boarding, as you are responsible for any damage to the interior caused by your group members.
The total number of passengers on the vehicle must not exceed the total number of seats on the vehicle. No standees are allowed per D.O.T. regulations. No glass containers are allowed per D.O.T. regulations. Coolers must be stowed under the seats or in the underloaders of the vehicle. Use of tobacco products in any vehicle is forbidden under Federal Law. No dairy products, coffee, or greasy foods are allowed on the vehicle at any time. Extra cleaning or repair charges will be imposed if vehicles are left dirty or damaged after completion of tour.
Southwest Florida Ecotours, Inc. will not be liable for delays caused by acts of God, authority of law, accidents, breakdowns, bad road conditions, or other conditions, beyond the reasonable limits of its control, and does not guarantee to arrive or depart at any point and time. Southwest Florida Ecotours, Inc. will endeavor to maintain the party's tour schedule but the same is not guaranteed. Any conditions making it, in our opinion, inadvisable to continue will not result in any liability to us. Tour rates do not include gratuities.