Terms & Conditions

1. Introduction (please read the terms of use carefully before using site).

   General

• This page tells you the terms of use on which you may make use of our website www.uniquetoursjamaica.com (our “Site”) and the terms and conditions over which we supply, including browsing, using any information, content, services, downloading any files, or placing orders for products or services (“Services”) listed on our Site to you, whether as a guest or a registered user (“You”).

• Please read these terms carefully before you start to use the Site. By using our Site, you indicate that you accept these terms and that you agree to abide by them. You should print a copy of these terms and conditions for future reference. If you do not agree to these terms of use, please refrain from using our Site.

• The Terms of Use are a binding agreement between Unique Tour Jamaica and user (“You”). If you use Site on behalf of an employer, you represent that you are authorized to accept these Terms of Use on behalf of your employer. Unique Tours Jamaica reserves the right, at its sole discretion, to change, add, or remove any part of these Terms of Use at any time without prior notice to you. We may, at our discretion, choose to notify those subscribed to our newsletters and RSS feeds of such changes. However, it is up to you to check these Terms of Use for changes. Continuing to use Site after the changes to the Terms of Use have been posted will constitute your acceptance of those changes.

2. Visitors conduct in using this Site

• Visitor Conduct In using Site, including all services, and resources available through it, you agree that:

• You will not use Site in any way that could damage, disable, overburden, or impair any Unique Tours Jamaica server, or the network(s) connected to any Unique Tours server (including linked sites), or interfere with any other visitors’ use and enjoyment of Site.

• You will not upload, email, or otherwise transmit via Site any potentially destructive, disruptive, or otherwise harmful programs, files, or code including viruses, Trojan horses, worms, cancelbots, time bombs, or any other form or designation of files or programs that may damage, impair, or alter the operation of a computer or network that is the property of Unique Tours or any third party.
• You will not attempt to disrupt or interfere with the security, integrity of Site and/or its content and its content delivery, or otherwise cause harm to Site, any resources provided for Site visitors, user or administrator accounts, passwords, servers, or networks connected to Site or accessible through it. The same applies to any linked sites.
• You will not attempt to gain unauthorized access to services, materials, visitor information, visitors’ accounts, computer systems, or networks connected to any Unique Tours server or to Site, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available via Site.
• You will not use false identity information when registering for subscriptions, downloads, or product licenses.
• You will not remotely harvest or otherwise collect information about others, including email addresses, nor will you use email addresses published on this site for the purpose of sending any type of unsolicited email communication whose origin has been disguised or falsified.

3. Use of Images

• All images appearing on www.uniquetoursjamaica.com are the exclusive property of Unique Tours Jamaica and are protected under International Copyright laws. The images may not be reproduced, distributed, copied, transmitted, displayed nor published without written consent from Unique Tours Jamaica. Use of any image as the basis for another photographic concept or illustration is a violation of International Copyright laws.

4. The use of Trademark
   • The trademarks and logos (“Marks”) displayed on Site are the property of Unique Tours or third parties. You may not use Marks without the prior written consent of Unique Tours or the third-party owner of Marks. You may use Unique Tours Jamaica Marks and logo images (“Logos”) under the following conditions:
     • You may not alter Logos in any way except pixel dimensions, which must always be in the same proportions as the original image provided via Site. All Marks in reduced-size Logos must remain clearly identifiable and readable. * You may not create links on any other site directly to the Logos’ image files on Site.
     • You may not use Logos in any manner that represents or implies any affiliation with or endorsement by Unique Tours when no such affiliation or endorsement has been formally established in writing with Unique Tours. Unique Tours reserves the right to determine what constitutes improper or inappropriate use of Unique Tours Marks and Logos, and you agree to correct improper/inappropriate use of Unique Tours Marks and Logos, or to cease use of the same upon notification from Unique Tours.

5. Cancellation Policy
   • Any cancellations made at least ninety-six (96) hours or more shall not attract a cancellation fee.
   • Any cancellation made less than ninety-six (96) hours but more than seventy-two (72) hours in advance of the scheduled tour time will attract a fifty percent (50%) penalty.
   • Any cancellation made within forty-eight (48) hours or on the same day of the scheduled tour will attract a one hundred percent (100%) penalty.
   • All cancellations must be submitted in writing to the Company and received by Unique Tours Jamaica within the timeframes outlined above to be eligible for a refund.
6. Full release and waiver of Liability, Assumption of Risk & Indemnity Agreement (“Agreement”).
   • This is a legal document. By signing this document, I forfeit any legal right to sue for any claims resulting from my or my minor dependents’ participation in this tour.
   • By virtue of my participating and/or purchasing tickets for any of the Tours offered, including but not limited to, Horseback and Donkey Riding, Zip-lining, Jeep Safaris, Bus, Tours, Nature Tours, ATV and Dune Buggy Tours, Go-Carts, Walking Tours, Gem Mining, Challenge Course, River Walk Rum Tasting Tour, Catamaran Tour, Power Snorkelling, Skin Sky? Diving, River Tubing, Kayaking, Bamboo Rafting, Pool, Waterslide, Blue Hole Tour and Mini Boats (all hereinafter referred to as the “Tour”) and in consideration for my being allowed to participate in the Tour, the receipt and sufficiency of which is hereby acknowledged, I, agree to be bound by each of the following provisions of this Agreement with the knowledge that the Company will rely on same, subject to the terms of the Agreement herein.
   • Assumption of Risk

• I want to participate in the Tour and fully comprehend and accept all of the risks associated with my participation in Land-Based motorized and non-motorized activities, including, but not limited to possible contact with water, exposure to varied weather conditions, slipping or falling while on uneven terrain, , adverse reaction to food or drink or physical exhaustion, and other hazards and injuries which may occur while walking, riding, operating vehicles and operating cable equipment (e.g. without limitation, those arising out of self-inflicted accidents and mishaps or those inflicted by other guests, automobiles, cyclists, animals, pedestrians and the like). I understand that horses are powerful, unpredictable and potentially uncontrollable animals of flight that can buck, rear, bite, kick or bolt uncontrollably, collide with objects, roll over, trip, or flip over, all without warning and that horses may become dangerous in response to sound, wind, shadows, plastic, wood, motor vehicles, bicycles, baby carriages and any sudden movement of people or machinery. I understand that the terrain may contain hills, curves, and other hazards that require a skilled and aware operator. I fully comprehend and accept all of the risks associated with my participation in any water-based activities, including, but not limited to exposure to potentially extreme weather conditions, slipping or falling while on board a vessel, or getting on or off a vessel, motion sickness, or exhaustion, and other boat related hazards and injuries (e.g. without limitation, those arising out of self-inflicted accidents and mishaps, other guests on the Tour, boat engines, marine-life, poor sea conditions, and the like). I am aware that I am engaging in activities which may be in areas remote from competent medical assistance and that the crew may not be able to provide medical assistance but will provide aid until competent medical assistance arrives.   I am aware that the risks may include permanent disability and death and that severe social and economic loss may result.  I understand and agree that it is my responsibility to assess the risks presented and that I am the ultimate judge as to whether I can participate in the Tour. I authorize the Company to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury I sustain while participating in the Tour if I am reasonably unable to authorize such care myself.

• Release and Waiver
  • I have read the previous paragraph and appreciate the risks involved. I (“You”) hereby assert that I voluntarily assume full responsibility and sole liability for any risk of loss, or personal injury, including death, that may be sustained by me, as a result of my participation in the Tour whether caused by my negligence. Negligent misrepresentation, breach of contract, breach of statutory duty, accident, or other conduct on the part of Unique Tours Jamaica Limited (“the Company”).
  • I do hereby release, waive, discharge Unique Tours Jamaica Limited (“the Company”), Princess Cruises, Royal Caribbean, Carnival Cruises, Costa Atlantica, Disney Cruise Lines, Virgin Cruises, Holland America, Norwegian Cruise Limes, Aida Aura their employees, agents, successors and assigns (hereinafter referred to as “the Company”) from liability from any and all claims, including the negligence of the Company, resulting in personal injury, accidents, or illnesses (including death), and property loss arising from my participation in the Tour. I expressly agree that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by the laws of Jamaica and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The laws of Jamaica shall govern this Agreement. I accept the jurisdiction of the courts of Jamaica for this Agreement.
    

7. I hereby certify the following:

• I CERTIFY that I am in good health and suffer from no minor or serious physical or mental illness, respiratory or heart condition or other condition that would make me especially susceptible to injury or disability while performing activities on the Tour.
• I CERTIFY that I will comply with all safety rules.
• I CERTIFY that I have inspected all equipment provided to me and am satisfied that it is free of damage or defect and agree to pay to repair or replace any damaged equipment left in my possession.
• I CERTIFY that I am not under the influence of any drug or medication that could impair my ability to safely participate in the activities I wish to participate in.

8. Binding effect
   • This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors, and assigns.
     • I AGREE to indemnify and hold the company, harmless from any and all claims, actions, suits, procedures, costs, expenses, and liabilities, including but not limited to, personal loss, injury (whether or not resulting in death), property chattels damage destruction or loss belonging to me in my possession, as well as attorney’s fees brought as a result of my participation in the Tour and to reimburse the Company for any such expenses that may occur as a result of my participation in the Tour whether caused by my negligence. Negligent misrepresentation, breach of contract, breach of statutory duty, accident, or other conduct on the part of Unique Tours Jamaica Limited (“the Company”).

9. Photo release

• I GRANT to the Company the perpetual right to photograph, video and record my participation in the Tour and grant the permission for the legal publication of same anywhere in the world in any media now known or unknown by the Company without any obligation or compensation to me.

• Each clause, paragraph and provision of this Agreement shall be deemed to be and shall be treated as severable, and any invalidity, illegality or unenforceability affecting any clause, paragraph or provision of this Agreement shall not affect or prejudice the validity, legality and enforceability of the remaining clauses, paragraphs, and provisions of this Agreement.

10. If participant is a minor

• I CONCENT to my minor participating in the Tour. I agree to me, and my minor’s assumption of the risks and the dangers described above, and to all releases and indemnities above. I agree individually, personally and on the above minor’s behalf to every provision stated above which I have read and fully understood. I am legally authorized to act as the parent or legal guardian of the above minor and authorize the Company to seek on my behalf reasonable medical and surgical care that may be necessary as a result of any injury my minor sustains while participating in the Tour if I am not reasonably present to authorize such care myself.
  • I have read this full release and waiver of Liability, assumption of Risk, and Indemnity Agreement. I fully understand its terms and understand that I am giving up my rights to sue. I am signing freely and voluntarily. I intend by my signature this to be an unconditional release of all Liability to the greatest extent allowed by Law.
  • By signing this document, you are consenting to the use of your electronic signature in lieu of an original signature on paper.

I have read this agreement, fully understand its terms, and sign it freely and voluntarily without any inducement.

11. Important Information

• Please note all cancellation request must be sent via email. Refunds are processed in the order we receive them, the minimum wait time to receive a refund is 1-5 business days via Zelle payment, and 1-10 business days via Credit Cards. Once you have sent us an email requesting to cancel a booking, we will check to see if the booking is eligible for a refund depending on the time frame of the tour or event.

12. Transportation Policy
    •  Once you have received your pickup time and location you will only have 15 minutes grace period if you are not at the location. If for whatever reason you miss your pickup time, we are not responsible for the inconvenience, and you will not be eligible for a refund for the event. You will be required to source your own transportation to take you to the location of the tour. If you do require for an adjustment with regards to time or location, please contact us in advance. This information must be sent via email or text message. We want you to also understand the rules and policies are put in place to protect us as the service provider.