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Wild Side Specialty Tours, Terms and Agreements

Cancellation Policy | No Guarantee Policy | Medical and Health Related Issues | Inherent Risks | Prices and Billing | Minor Children | Damages | Lost Items | Food and Beverages | Alcoholic Beverages | Waiver Form | Photo Release Permission

If you book or attend any Wild Side Specialty Tours activities, and if your child or other person under your care or included in your reservation attends any Wild Side Specialty Tours activity, then by checking the required box above the “Send” button on the Reservation Form and by such reservation or attendance you and such other person(s) shall be deemed to have read and understood the information contained below.

Reservations are subject to availability, weather and vessel operations. Wild Side reserves the right to substitute vessels, and departure and arrival times. Due to our popularity and limited space, cancellations (barring those demonstrably due to due to COVID-19) with less than 10 day notice and “No Shows” are subject to full charge.

Cancellation Policy
Cancellations made in writing up to 10 days prior to charter date (or at any time demonstrably due to COVID-19) are fully refundable. If WSST cancels the trip due to weather, safety precautions or any other reason, WSST will make every reasonable effort to reschedule all passengers affected by the cancellation. If WSST is unable to reschedule due to unavailability of either charter space or customer, the full amount will refunded. Cancellations made less than 10 days notice prior to a scheduled charter, “no shows,” and those denied access after the safety briefing has begun will be held responsible for the full price.

WSST is not responsible for reimbursement of a missed charter or transportation costs incurred to passengers of missed charters unless our office and/or personnel were directly involved in an error of cause. If WSST is in error, we will make every reasonable effort to reschedule the customer and their party. If unable to reschedule, then a refund may be extended in relation to the extent of the error.

WSST shall not be responsible for outside errors beyond our scope of control, including but not limited to; customer oversleeping, inability to procure a rental car or other transportation, seasickness, confusion as to which date their charter was, failure to call if running late or lost, too late for us to wait, or calling the wrong number, failure to bring required medications, failure to provide a valid contact number, etc. If WSST has met all aspects of our commitments to a customer, then we will not make exceptions to the cancellation policy, or render full or partial reimbursement.

In the event of a customer cancellation with less than 10 days notice due to serious illness/injury, flight cancellations, or other unavoidable events, the Office Manager will collect information and contact the Administrator. It is the sole discretion of the Administrator as to what, if any compensation will be rendered.

Missed charters due to an outside individual or agency’s error or failure to communicate all necessary information is the responsibility of that individual or agency. The customer shall be referred back to the individual or agency that made the reservation for reimbursement or resolution.

Any requests to be changed from a confirmed date will be subject to a 15% fee of the total rate, and will be based on availability.

No Guarantee with the Sea Policy

Wild Side Specialty Tours (herein referred to as WSST) makes no guarantees to the customer with regard to: sightings and/or interactions with marine wildlife, that customer(s) will be allowed to enter the water if unsafe or inappropriate to do so, that weather will be ideal for a particular advertised activity or not getting seasick (although we will cancel if weather is unsafe or unreasonable as per WSST judgment), nor does WSST guarantee any perceived expectations not validated by explicit language found at the SailHawaii.com website.

As such, WSST will not make reimbursement or provide a reduced fare for the absence of marine wildlife, for getting seasick, nor for a customer’s inability to get into the water (by choice or by physical limitations). WSST will not force an intrusive interaction or encounter on marine life. WSST reserves the right to end any sea life/human interaction that is harmful or disrespectful; as a result of such misconduct WSST reserves the right to ban any person(s) from further connected activities with no refund. Additionally, captain and crew reserve the right to exercise their professional judgment regarding the safety and appropriateness of any activity for any passenger during a charter, and may agree to deny or terminate any activity at any time. Remember, there’s “No Guarantee with the Sea.”

Medical and Health Related Issues

WSST requires that any medical, lack of physical ability, or other health related issues be disclosed at time of reservation, and/or at check-in. Medical or health related concerns may include but are not limited to: heart conditions, pregnancy, recent recovery from any type of surgery or injury, decreased mobility, diminished mental capacity, diminished lung capacities or respiratory problems, allergies (please be aware that epi-pens last only 15 minutes – we may be up to an hour from shore – and medications may fall overboard when needed), or any condition requiring medication which must be brought with them at the time of a charter or taken prior to start of a charter, and disabilities which may increase risk to passenger safety. Passengers with health/medical/capacity related concerns may be allowed to enter the water (at their own risk), and only if they are capable of doing so with minimal assistance from attendants and/or crew. If a passenger requires more than minimal assistance, it will need to be from a member of their party or it may be determined that they must remain on the boat for safety reasons.

WSST vessels are not A.D.A. certified, nor are vessels equipped with any wheelchair tie-down systems and therefore wheelchairs may not be used onboard during the course of a charter. Passengers may enter the water at their own risk, and only if they are capable of doing so with minimal assistance from attendants and/or crew. If a passenger requires more than minimal assistance, they must remain on the boat for their own safety.

All WSST staff, captain, or crew reserve the right to deem any passenger a safety risk, resulting in potential denial of participation in any WSST activity (including the boarding the vessel) at anytime. If you are refused boarding for lack of a health-related disclosure or failure to bring required medications or physician releases, you will be charged the full price.

Inherent Risks

There are many inherent risks, dangers, and hazards and you and your party must exercise caution at all times in order to avoid or minimize the risk of damage, injury, and death. Examples of these risks, dangers, and hazards include, without limitation:

Walking and standing surfaces that may be wet, slippery, moving, irregular, unstable, and rough;
Open areas such as hatches that someone could fall into;
Low or irregular lighting, or no lighting at all;
Objects and equipment that could fall on someone;
Low ceilings;
Ropes, chains, or other items that could strike or entangle someone;
Extreme and variable physical, weather, and ocean conditions, including darkness, sun glare, hot and cold temperatures;
Vessels, docks, buildings, ladders, and stairs that someone could fall from;
Vessels that could pitch, roll, capsize, flood, collide, and sink;
Gaps between a vessel and a dock that could open or close suddenly and unpredictably;
Possible encounters with wildlife and flora; and
Unavailability of medical attention and treatment. If you attend any Wild Side Specialty Tours activities, then you must exercise caution at all times to protect yourself and others from these risks, dangers, and hazards. If a child or other person(s) under your care attends any Wild Side Specialty Tours activities, then discuss these risks, dangers, and hazards with them as they too must exercise caution at all times.
Prices and Billing

All rates are subject to 4.71% sales tax, 3% harbor fee and $5 fuel surcharge. All passengers will be charged their full fare 1-3 days before their charter, unless otherwise specified or requested. Gift certificates are charged in full at time of booking. WSST reservation desk will not hold space until payment information is received.

Minor Children

Children of age 10 and over are welcome on all charters. If you pay for all six seats (or a group of six), it may be possible to bring younger children onboard the Best of the West. WSST does not provide a discounted children’s rate.

Minors under the age of 18 years must have a parent or legal guardian present onboard for all activities. If any youth attends a WSST activity as part of a larger group type function where parents/guardians will not be in attendance (a soccer team for example), the parents/guardian of the minor child must fill out and sign a WSST Risk Waiver Form prior to arrival to any WSST activity. Only a WSST Risk Waiver Form will be accepted, no other waivers apply or will be accepted. If the minor child does not have a risk waiver form filled out and signed by the legal guardian or parent, the minor child will be denied attendance to the activity.

Parents are primarily responsible for the safety and well being of their child/children at all times during the course of a WSST charter or activity. It is also appropriate to consider the child’s temperament and/or activity level, as sitting in an adults lap (toddlers and infants) for an hour or more may be tedious to the parent and torturous for the child.

Children under the age of 7 must have a designated adult from your group who will remain within arms distance at all times and they must be seated when the boat is underway, and/or be accompanied by an adult when moving around the boat. Additionally, they must not be left on the boat or in the water without an adult from your party present.

Please inspect online pictures of the vessel to get a visual of safety risks involving small children and to visit the “age limits” FAQ.

The captain reserves all rights to refuse passage to any passenger(s) at the dock, or to restrict participation in WSST activities. Arriving at your scheduled cruise w/ an underage child not previously “OK’d” (under the age of 10 years old on the Best of the West) can result in a non-refundable refusal of passage, or incur a $100 fee per child.

Damages

Any damages caused to the boat or equipment by overt negligence or extremely bad judgment will be charged to the offender or responsible party, thus keeping costs down for other passengers. Any legal actions WSST may be required to take to recover the cost of damages will be incurred by the person(s) responsible for said damages.

Lost Items

Any personal items or valuables left on the boat at the end of a charter will be set aside for the customer to pick up. WSST will not mail, drop off, or be responsible for any items let behind. The items will be set aside by the crew for retrieval by customers, and must be picked up before the boat departs the dock, or upon return to the dock. WSST will not make special arrangements to meet a customer at the boat to pick up their items. The customer is responsible for making arrangements with the reservation desk for pick up. If arrangements are made for item pick up, the Reservationists/Office Manager will notify the crew of the date and time of scheduled pick up. After 30 days, any unclaimed items will be discarded or donated.

Food and Beverages

All WSST charters provide food and beverages at no extra cost to the customers. WSST does not allow for substitutions or additions to the menu. Customers are fully responsible for their own special dietary needs or restrictions whether it be for a group charter or a private charter. The customer will be informed that should they require something special, they are welcome to bring it along with them if they wish.

Alcoholic Beverages

WSST does not allow alcohol on normal daytime charters for safety reasons. Alcohol, heat, and ocean activities are a potential accident waiting to happen. We do not serve or provide alcohol on normal evening charters. It is permissible for the customer to bring a reasonable quantity (for example, a bottle of wine for a couple to share) on night sails. However, any drunken, obnoxious or unsafe behavior due to alcohol consumption during a charter is inappropriate and will not be tolerated. The offending passenger(s) will be removed from the vessel and the authorities called if it is deemed appropriate by the vessel captain.

Photo Release Permission
Photos that include my likeness or the likeness of those in my party may be used on the social media channels of Wild Side Specialty Tours, LLC