Terms & Conditions
Use of HaveKayakWillPaddle.com
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Limitation of Website Liability/Disclaimer
Your use and browsing of the Site is at
your risk. If you are dissatisfied with any of the files contained in the
Site, or with any of these Terms and Conditions, your sole and exclusive
remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, NEITHER HaveKayakWillPaddle.com NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
You specifically acknowledge and agree
that HaveKayakWillPaddle.com are not liable for any defamatory, offensive
or illegal conduct of any user.
HaveKayakWillPaddle.com also assumes no
responsibility, and shall not be liable for any damages to, or viruses
that may infect, your computer equipment or other property on account of
your access to, use of, or browsing in the site or your downloading of
any files from the Site.
HaveKayakWillPaddle.com does not warrant
or make any representations of any kind or nature with respect to the site.
Therefore, you are responsible for compliance with local laws, if and to
the extent local laws are applicable.
Third Party Sites
HaveKayakWillPaddle.com may provide links
and pointers to internet sites maintained by others ("third party
sites"). HaveKayakWillPaddle.com has not reviewed all of the third
party sites linked to the site and is not responsible for the contents
of or any products or services offered in such third-party sites.
This Agreement shall be governed by and
construed in accordance to US law without giving effect to any principles
of conflicts of law. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable then that provision shall be deemed
severable from this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This site is controlled and operated by HaveKayakWillPaddle.com.
HaveKayakWillPaddle.com may at any time
revise these Terms and Conditions by updating this posting. You are bound
by any such revisions and should therefore periodically visit this page
to review the then current Terms and Conditions to which you are bound.
As between you and HaveKayakWillPaddle.com, HaveKayakWillPaddle.com exclusively
owns all rights, titles and interests in and to any of the files (and any
and all elements thereof) and any and all copies thereof throughout the
universe in any and all media now known or hereafter developed. You will
not do anything that might impair HaveKayakWillPaddle.com rights, titles
or interests in and to such files (and any and all elements thereof nor
will you assert any right, title or interest in or to such files (including
any copy or element thereof).
Please read the following information
carefully. If you decide to travel on a kayak trip with Have Kayak Will
Paddle and make reservations, you thereby agree to accept the terms and
conditions of this contract.
Reservations and Payments
All group and individual reservations
are subject to a 50% non-returnable deposit (some exceptions apply). Full
payment is required within 3 business days prior to departure. Please see
Trip Cancellation Terms for any applicable refunds.
No reservation can be ultimately confirmed
until Have Kayak Will Paddle has received the Online Reservation Form AND
the deposit. Once both have been received, we will inform you as to whether
your chosen dates are available and provide final confirmation.
Cancellation Policy: At Have Kayak Will
Paddle, we realize that, for many a reason, people's plans can change.
Whether it's due to illness, accident or a simple change of heart, we may
have incurred expenses in taking your reservation and we may have turned
away other interested parties.
As people working with, and respecting
the strength of Mother Nature, there will be times when Have Kayak Will
Paddle will cancel the tour. There are generally three major weather factors
we take into consideration when making this decision.
They are: 1. Wind 2. Lightning 3. Persistent,
In the case of high winds or swell, and
most especially lightning, it a decision based purely on safety. In the
case of heavy rain, it is a decision based more on enjoyment. We will run
trips when there are intermittent showers.
If Have Kayak Will Paddle feels compelled
to cancel a trip, that decision is usually made around 7am the morning
of the trip, after we have received the latest weather forecast. When we
cancel a trip, we will refund any money paid in full.
If you, however, decide to cancel your
reservation within 48 hours of departure, the full price of the trip will
Once your trip has started there are no
refunds. There may be times when the weather changes during the course
of a day and the group will be forced to walk or wait out the bad weather.
We will endeavor to maximize your experience by paddling in areas that
are safe and sheltered from the wind and weather for as much of the trip
Possible Alterations: Have Kayak Will Paddle reserves the right to
cancel any trip prior to tour departure. Reasons may include, but are not
limited to, unforeseen circumstances associated with operating in wilderness
and remote areas, such as weather or other safety conditions. Although
we make every effort to overcome any personal illness/event that may arise,
we have but one tour guide and cancellation due to such circumstances may
be unavoidable. Every effort to reschedule at a time convenient for you
will be made but not guaranteed. If we must cancel due to these or other
unforeseen circumstances having no part played by you, we will refund you
the full amount you have paid up to the time we notify you of cancellation.
Have Kayak Will Paddle is not responsible for any additional costs that
may arise in the event a trip is altered or delayed for reasons beyond
Cancellation Fee: If you reserve your trip 61 or more days in advance,
Have Kayak Will Paddle will gladly refund your entire deposit or full payment
if you contact us within 48 hours of posting your reservation. No Cancellation
Fee will apply in this case. A Cancellation Fee of $50 will apply if you
cancel your reservation 3-60 days in advance of your scheduled trip. There
will be no refund within 48 hours of your scheduled trip. If you cancel
your trip and are entitled to a refund, we will refund your paid amount
less the cancellation fee. Your refund will be sent to you in the form
of a Certified Check within 90 days of cancellation.
How To Cancel: You must contact us by mail, fax, or email if you choose to cancel
a trip. Applicable refunds are based on the date we receive the cancellation
request. We will reply with confirmation that we have received your request
to cancel. If you do not receive this confirmation, it is your responsibility
to follow-up until you do. This is the only way that you can be sure we
have scheduled any applicable refund.
Please note that there are no exceptions
to our Cancellation Policy outside these Terms.
Rates Do Not Include: Personal Accident/Medical
Insurance, Cancellation Insurance, Gratuities, Photography
"Bad" Weather: Generally if
it is a light rain or drizzle and the water is calm, we will still embark
on a tour. If not then we will simply reschedule the tour for later in
the day or another day if possible. Some locals may want to reschedule
at a later time in the season and that also is perfectly fine.
is any sign of lightning or thunder, then the tour will be cancelled, period.
The last place we want to be when a thunderstorm hits is holding an
aluminum paddle in a kayak on the open water.
"Cold" Weather: This is Florida,
so "cold" is a very relative term, and not a frequent event.
Even in the "Winter" months, we are likely to reach high 60s,
and layering is always recommended, no matter what time of year (even if
it's just a t-shirt over a bathing suit). Our kayaks have places to store
protective clothing in plastic bags. The weather would have to be unbearably
cold for us to cancel, and that simply isn't likely.
Release of Liability: Each participant
will be required to sign and return to Have Kayak Will Paddle a Release
of Liability before being allowed to participate in any trip we offer.
This document releases Have Kayak Will Paddle and its representatives from
liability in the case of accident or injury. You can download this form from our site or email us and we will gladly send you a copy.
Additionally, Have Kayak Will Paddle and their respective officers, directors,
servants and agents are not responsible for any claims, loss, damage, cost
liability or expense arising, direct or indirect, out of injury, accident
or death, loss, damage of property, or delay, inconvenience, loss of enjoyment,
upset, disappointment, distress or frustration, whether physical, mental,
or otherwise relating to the provision of travel services including kayak
tours, products, and other services.
Physical Requirements: While our trips are not strenuous, good health
is necessary. You must determine if your own fitness is appropriate for
a kayak tour. If you have any concerns, please call us, and consult your
physician before your trip
Insurance: Have Kayak Will Paddle strongly advises you to check your current
insurance coverage. We recommend you have adequate medical and personal
Supplier's Liabilities: Have Kayak Will Paddle acts as an agent for and
makes arrangements with kayak companies and operators, and other independent
parties to provide you with products and services. Although great care
is taken to choose suppliers, we are unable to directly control them and,
therefore, we are not responsible for their acts or omissions.
Force Majeure: Have Kayak Will Paddle will not be responsible for the performance
of this agreement if prevented or delayed by Acts of God, strikes, accidents,
weather, traffic, airport conditions or other causes beyond their reasonable
control nor will they be responsible for any loss or damage relating to
This Agreement: shall be governed by and construed in accordance to United States
law without giving effect to any principles of conflicts of law. If any
provision of this Agreement shall be unlawful, void, or for any reason
unenforceable then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining provisions.
Revision of Terms: Have Kayak Will Paddle may at any time revise
these Terms and Conditions by updating this posting. You are bound by any
such revisions and should therefore periodically visit this page to review
the then current Terms and Conditions to which you are bound.
Before submitting your reservation request, you must sign and agree to these terms.