Terms and Conditions

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CONSENT TO TERMS AND CONDITIONS   Access to and use of the services of Ohana Travel and Tours LLC dba Ohana Travel and Tours and our website is subject to acceptance of these terms and conditions (“Terms and  Conditions”). By accessing, using or obtaining any content, products, or services  through our offices or through our website, you, the purchaser and/or traveler  (“Customer” and “passenger” and “you/your”) agree to be bound by these terms.  PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms  and conditions govern the relationship between Ohana Travel and Tours and you, the  Customer. These terms restrict your rights and remedies and provide protection  to Ohana Travel and Tours. These also include warranty disclaimers and liability exclusions.  By using this website you acknowledge and agree (a) this is a fair balance  because this website is accessible by you conveniently and at no charge to  access the website; and (b) if you do not agree or do not accept these Terms and  Conditions, you can choose to not use this website or Ohana Travel and Tours' services. So, if  anything is in these Terms and Conditions, including warranty disclaimers and  liability exclusions, that you disagree with or are not willing to be bound by, or if  something is missing from these Terms and Conditions that you consider  essential, then you must not use this website. IF THERE IS ANY PART OF  THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO  NOT USE THIS WEBSITE OR OHANA TRAVEL AND TOURS' SERVICES. No alterations to  these terms and conditions may be made by any Ohana Travel and Tours employee,  authorized representative or agent, unless in writing by an authorized officer of  Ohana Travel and Tours.   

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS  ACCEPTABLE IDENTIFICATION REQUIREMENTS   It is the responsibility of each Customer to obtain and carry a valid passport,  visa(s), and all other documents required by applicable government regulations.  When traveling domestically or internationally, the U.S. Transportation Security  Administration (TSA) and U.S. Department of Homeland Security (DHS) advise  that everyone carry at least two forms of acceptable identification in order to  board a flight. Acceptable identification are DHS designated enhanced driver’s license, USA Passport, a foreign government  passport. The name, date of birth and gender that appears on the identification  card must exactly match the same such data that is listed on airline ticket(s) and  booking records. Ohana Travel and Tours strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within  six (6) months of the date of entry. Non-United States citizens may require  additional documentation. Children and infants also require all such travel  documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms  are provided to the authorities. The U.S. Customs and  Border Protection Agency requires that for USA child groups under age 19  arriving by land or sea from contiguous territory and traveling with a school  group, religious group, social or cultural organization, or sports team, may also  present an original or copy of his or her birth certificate, a Consular Report of  Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent  must be provided to the supervising adult/Group Leader. You acknowledge any  failure to strictly comply with these requirements may result in denied boarding or  an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check  each supplier’s website to ensure you and all members in your travel group or  party obtain and carry travel documentation required.  When you receive any and all travel documents, it is the sole responsibility of the  customer to review and verify all information. Contact Ohana Travel and Tours immediately if  changes or corrections are required.   

INDIVIDUAL ENTRY AND EXIT REQUIREMENTS   Each foreign country holds different views of past criminal offenses, whether  within or outside of their boundaries. If you have a current or past offense, and  you are unsure how the country you are traveling to (or through) views that  offense, please contact that country directly for entry and exit requirements.  (Details can be found here. We feel it is an invasion of privacy for any member  of our staff to make such an inquiry. For example, if traveling to or through  Canada, Americans with a Driving While Intoxicated (DWI) record should always  check whether current rules exclude admission, and potential waivers.   (Reference here.)   

RISKS/SAFETY   Travel to certain destinations may involve greater risk than others. Ohana Travel and Tours urges customers to remain informed on a daily basis as to current news events,  as well as to review travel prohibitions, warnings, announcements and advisories  issued by the United States Government prior to booking travel to international  destinations. Information on conditions in various countries and the level of risk  associated with travel to particular international destinations can be found  at www.state.gov, www.tsa.gov, www.faa.gov, www.cdc.gov,  and www.cbp.gov 

The Smart Traveler Enrollment Program (STEP) is a free  service provided by the U.S. Government to U.S. citizens who are traveling to, or  living in, a foreign country. STEP allows you to enter information about your  upcoming trip abroad so that the Department of State can better assist you in an  emergency. Registration is recommended and provided by going here.  BY OFFERING FOR SALE TRAVEL PLANNING TO PARTICULAR  DESTINATIONS, OHANA TRAVEL AND TOURS DOES NOT REPRESENT OR WARRANT  THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND  SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY  RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S  PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT  CUSTOMER’S OWN RISK.   

USE OF OHANA TRAVEL AND TOURS ACCESS AND INFORMATION  FOR TRAVEL BOOKINGS   You warrant that you are at least 18 years of age and possess the legal authority  to enter into this agreement and to make travel bookings with Ohana Travel and Tours by any  means, including our website in accordance with all terms and conditions herein.  You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with  you). You agree to supervise all usage of Ohana Travel and Tours communications by minors  under your name or account. You also warrant that all information supplied by  you or members of your household transacting business with Ohana Travel and Tours is true  and accurate. Without limitation, any speculative, false, or fraudulent reservation  or any reservation in anticipation of demand is prohibited. You agree that the  travel services reservations facilities provided by Ohana Travel and Tours shall be used only  to make legitimate reservations or purchases for you or for another person for  whom you are legally authorized to act.   Separate supplier terms and conditions will apply to your reservation and  purchase of travel-related goods and services that you select. You agree to abide  by the terms and conditions of purchase imposed by Ohana Travel and Tours and any  supplier with whom you elect to deal, including, but not limited to, payment of all  amounts when due and compliance with the supplier’s rules and restrictions  regarding availability and use of fares, products, or services. You understand that  any violation of any such supplier’s conditions of purchase may result in  cancellation of your reservation(s) or purchase, in your being denied access to  any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for  such reservation(s) or purchase, and in Ohana Travel and Tours debiting your account for any  costs Ohana Travel and Tours incurs as a result of such violation. You shall be completely  responsible for all charges, fees, duties, taxes, and assessments arising out of  your travel bookings through access provided by Ohana Travel and Tours.   

PAYMENTS AND CANCELLATIONS   Unless otherwise defined during the reservation process, final payment is due  prior to departure or consumption according to each supplier’s (airline, hotel,  cruise line, transfer company, sightseeing operators, and other travel service  vendors) terms and conditions involved in your travel booking. If final and full  payment is not received by the applicable due date, reservations are subject to  cancellation and deposits shall be forfeited. In some cases there is NO REFUND  once a booking is made and paid for. Your right to a refund if you change or  cancel your travel plans is limited. All cancellation requests must be sent to  Ohana Travel and Tours in writing. As a result of cancellation, Ohana Travel and Tours and third party  supplier’s cancellation penalties will apply, which are detailed in your travel  documentation and each supplier’s websites. Cancellation penalties are advised at  time of booking and provided to you upon confirmation. If you have any  questions, or any penalties are unclear, please contact your Ohana Travel and Tours agent.  All cancellation fees will be charged to the credit card you authorized to pay for  travel services, or deducted from the supplier’s refund.   

AIR, CHECK-IN, SCHEDULE RECONFIRMATION   In rare instances, upon departure from a country, certain  departure taxes must be paid in cash only, and may vary in price. Due to  enhanced security, it is strongly recommended that you check in a minimum of 2  hours prior to scheduled departure for domestic flights and 3 hours prior to  scheduled departure time for international flights. Reconfirm flight times at least  24 hours prior to scheduled departure time for domestic flights, and 72 hours  prior for international flights. Failure to use a reservation may result in automatic  cancellation of all continuing and return flights, as well as forfeiture of airfares.   

LATE BOOKINGS   Prospective customers are advised to reserve early to avoid disappointment and  additional late booking fees.   

TOUR AND/OR EXCURSION CANCELING  The tours and excursions booked by Ohana Travel and Tours are not regulated, owned, or operated by Ohana Travel and Tours in any capacity. These are third party companies. You  are subject to their terms of service and refund policies. If a tour or excursion  booked by Ohana Travel and Tours cancels or otherwise is not performing their contracted  duty to you, Ohana Travel and Tours may make a good-faith effort to make new arrangements for you, but is not obligated to do so. Refunds should be handled with the  company providing the service.   

CURRENCY FLUCTUATIONS   Currency exchange rates fluctuate. Prices are subject to change based upon  currency exchange rate fluctuations, provided actual variations have occurred.   

ALTERATIONS TO CONFIRMED BOOKINGS   If you decide to change any portion of your confirmed arrangements prior to  departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $25 or more per change/per  person are advised at time of booking, provided to you upon confirmation, and  depend upon circumstances of the request. All desired changes must be made in  writing to Ohana Travel and Tours.   

HEALTH/SECURITY/TRAVEL DOCUMENTATION  REQUIREMENTS   Each Customer is responsible to make absolutely certain to have the proper  immunizations and required documentation of such immunizations before travel,  and to make the necessary accommodation for security rules imposed by  government authorities. Ohana Travel and Tours shall not assume responsibility for the  accuracy of health requirements or vaccination and/or documentation prior to  departure or upon landing at the final destination. See your health practitioner for  advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the  Customer must carry for proof of inoculation where required. If you are  concerned about taking any medications or receiving certain inoculations, check  with your health practitioner BEFORE booking. Check the USA State Department  website here, for relevant information relating to travel to specific destinations,  and the USA Centers for Disease Control here relating to health issues. For  further information relating to security, safety issues, crime, the need for travel  documentation (such as passports, visas, proof of health/vaccination certificates),  health hazards, and other restrictions regarding travel to your domestic and/or  international destination(s), and re-entry into the United States  visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease,  terrorism, safety issues, crime, the need for travel documentation (such as  passports, visas, proof of health/vaccination certificates), health hazards, and  other restrictions regarding travel to your domestic and/or international  destination(s), and re-entry into the United States especially your embassy  and www.uscis.gov for non-USA citizens. (Customer is responsible to make Ohana Travel and Tours aware when traveling on a passport from a country other than the  USA.) Ohana Travel and Tours neither controls nor warrants the issuance of visas related to  applicable travel. Should a visa not be issued, Ohana Travel and Tours is not responsible for  lost payments made toward the contemplated trip. Please note that USA rules  regarding entry and exit change on a daily basis. When traveling domestically or  internationally, the U.S. Transportation Security Administration (TSA) and U.S.  Department of Homeland Security (DHS) advise that everyone carry at least two  forms of acceptable identification found here. Examples: DHS-designated  enhanced driver’s license, USA Passport, a foreign government passport.

COVID REQUIREMENTS  Customer is responsible for adhering to all mandates and requirements posted by federal and local governments, as well as any mandates and masking requirements from airlines, and other vendors. Customer is required to behave in a civilized manner at all times regardless of personal beliefs or politics. Refusal, verbal or physical abuse of employees, including but not limited to spitting, swearing, coughing, berating, or ranting about "freedoms" will not be tollerated. Ohana Travel and Tours assumes no liability if customer's failure to adhere to these requirements prevents boarding or admission, removal, or revocation/cancelation of ticket. No refund will be issued by Ohana Travel and Tours, and, in the event of uncivilized behavior, customer will be banned from using Ohana Travel and Tours services. 

E-TICKETS   E-tickets expire a year from issue date unless carrier fare rules in passenger’s  itinerary fare provide otherwise.   

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE   Ohana Travel and Tours acts solely as a booking agent for disclosed principal supplier cruise  lines, hotels, airlines, air charters, bus companies, ground transportation, boat  purveyors or owners, and other independent contractors providing  accommodations, transportation, and/or other services (“supplier(s)”), and is not  the source or provider of the travel services. Each of these supplier companies is  an independent entity with its own management, and is not subject to the control  of Ohana Travel and Tours. Customer is advised that the suppliers whose names appear in  travel documentation are those actually responsible for providing the travel  services purchased, and consents to the use of those suppliers, and understands  and agrees each supplier’s Terms and Conditions are contained in printed form  and are set forth on their respective Web sites, which govern the transaction. All  bookings are accepted by Ohana Travel and Tours as agent for the travel suppliers on your  itinerary. The transportation, accommodations and other services provided by the  identified sea, ground, and air operator suppliers offered are subject to the terms  and conditions contained in the tickets, exchange orders or vouchers issued by  them and/or their suppliers, including Terms and Conditions on their respective  websites. BECAUSE OHANA TRAVEL AND TOURS ACTS AS AGENT FOR DISCLOSED  PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL  THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS,  YOU AGREE OHANA TRAVEL AND TOURS  IS NOT LIABLE FOR ANY PERSONAL INJURY OR  PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES.  OHANA TRAVEL AND TOURS  HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON  CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING  WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL  CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION  WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER  BOOKING THROUGH OHANA TRAVEL AND TOURS' OFFICE OR THROUGH THIS WEB SITE,  INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR,  OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH  MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS,  OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER  OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR  REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE  TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF  SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF  OHANA TRAVEL AND TOURS  CONTROL, AND YOU HEREBY EXONERATE OHANA TRAVEL AND TOURS   FROM ANY LIABILITY WITH RESPECT TO THE SAME. 

Weather conditions,  including but not limited to the presence or absence of snow, sunshine, and  rainfall are not guaranteed to occur or not occur, and are clearly outside of  Ohana Travel and Tours control. Volcanic eruptions, ash clouds, and wind may be  characterized as an adverse weather condition or a natural disaster by suppliers  and your travel insurance company, which is beyond the control of Ohana Travel and Tours.  Ohana Travel and Tours reserves the right to cancel any itinerary or any part of it, to make  such alterations in the itinerary as it deems necessary, and to refuse to accept or  to retain as a member of any tour any person at any time. Ohana Travel and Tours shall not  assume any responsibility for any air and/or ground schedule changes.  Ohana Travel and Tours has solely received commission and fees for travel transactions and  Customer agrees and understands that any recovery from Ohana Travel and Tours will be  limited to the commission and fees paid by Customer actually received by  Ohana Travel and Tours. 

FORCE MAJEURE   “Force Majeure” means, in relation to Ohana Travel and Tours, any circumstances beyond the  reasonable control of Ohana Travel and Tours, (including, but without limitation, acts of God,  explosion, flood, tempest, forceful wind, fire or accident, war or threat of war  declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes,  civil disturbance, requisition, sickness, quarantine, government intervention,  weather conditions, defects in machinery and vehicles, delay, wildlife, or other  untoward occurrences).  Ohana Travel and Tours shall not be deemed to be in breach of these terms and conditions or  otherwise be liable to you, by reason of delay in performance, or by non performance, of any of its obligations hereunder to the extent that any such delay  or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL  INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.   If Ohana Travel and Tours, and/or any of its travel suppliers, are affected by Force Majeure,  they shall be entitled to, and may in their sole and absolute discretion, vary or  cancel any itinerary or arrangement in relation to the trip. Payment of any refund  by Ohana Travel and Tours to you as a result of the non-performance of any obligations  hereunder shall remain in its sole and absolute discretion, although Ohana Travel and Tours  shall use its reasonable efforts to reimburse you where possible. However,  Ohana Travel and Tours shall be entitled to deduct from any refund recoverable the  reasonable actual and potential costs to Ohana Travel and Tours of the Force Majeure and  applicable cancellation fees.   Regarding civil unrest, once Ohana Travel and Tours has investigated the prevailing situation,  as it deems fit, it shall remain in Ohana Travel and Tours' sole and absolute discretion  whether to proceed with the trip. You may in such circumstances cancel the trip  subject to Ohana Travel and Tours' and each supplier’s terms and conditions.   

TRAVEL INSURANCE   OHANA TRAVEL AND TOURS OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND  SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS  TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT.  UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN  THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD  PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY,  INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION,  MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION,  BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY,  ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL  DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL  EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM  FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate  travel insurance, Customer understands and agrees that if Customer cancels or  interrupts Customer’s travel for any reason, portions of the trip/tour may not be  refunded and Ohana Travel and Tours' and travel suppliers cancellation penalties will apply  resulting in the loss of monies up to the full cost of Customer’s travel booking and  related costs. The purchase of travel insurance is not required in order to  purchase any other product or service offered by Ohana Travel and Tours. Employees of  Ohana Travel and Tours are not qualified or authorized to: answer technical questions about  benefits, exclusions, and conditions of any of the insurance offered, nor evaluate  the adequacy of the prospective insured’s existing insurance coverage. An  additional charge applies for travel insurance selected.   

ALTERATIONS IN TRAVEL PLANS   Alterations in itinerary may be necessitated for any number of reasons, including  but not limited to severe weather at the sole discretion of Ohana Travel and Tours and subject  to supplier terms and conditions. If a property, supplier, activity, or area is deleted  for any reason, it may be replaced with a comparable one.   

NO COPYING OR EDITING   No material from this website may be modified, copied, reproduced, republished,  downloaded, posted, displayed, transmitted, performed, licensed, used to make a  derivative work, transferred, sold or distributed in any way, without our prior  written consent. You may not frame or mirror any material on this website on any  other server or other location. Unauthorized use of any such material on any  other website or computer environment or elsewhere is prohibited.   

RESERVATION OF RIGHTS: 

CHANGES TO THESE  TERMS   We reserve the right, in our sole discretion, to change these Terms at any time.  Updated versions of the Terms will be posted here on this website and are  effective immediately on posting. Please check frequently, especially before you  use this website, to see if these Terms changed. Use of the website after any  changes to the Terms constitutes your consent to the changes.   

ACCESS TO PASSWORD PROTECTED/SECURED  AREAS   Access to and use of password protected and/or secure areas of this website is  restricted to authorized users only. Unauthorized individuals attempting to access  these areas of this website may be subject to prosecution.   

RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO  AVAILABILITY   We reserve the right to correct errors. All land and event offers are subject to  availability and may change without notice. In the event of a land or event pricing  error or omission, we reserve the right to adjust such pricing or make any other  corrections.  

GENERAL   The laws of the State of Massachusets, USA, govern these Terms and Conditions. You  hereby consent to the exclusive jurisdiction and venue of courts in Essex County, USA, in all disputes arising out of or relating to travel bookings with  Ohana Travel and Tours, including the use of the Ohana Travel and Tours website. Use of the Ohana Travel and Tours  website is unauthorized in any jurisdiction that does not give effect to all  provisions of these terms and conditions, including, without limitation, this  paragraph.   If any part of these Terms and Conditions is determined to be invalid or  unenforceable pursuant to applicable law including, but not limited to, the  warranty disclaimers and liability limitations set forth above, then the invalid or  unenforceable provision will be deemed superseded by a valid, enforceable  provision that most closely matches the intent of the original provision and  agreement shall continue in effect.   These Terms and Conditions (and any other terms and conditions referenced  herein) constitute the entire agreement between the Customer and Ohana Travel and Tours  with respect to travel bookings made with Ohana Travel and Tours by any means accessing  such information, including its website, and it supersedes all prior or  contemporaneous communications and proposals, whether electronic, oral, or  written, between Customer and Ohana Travel and Tours with respect to communications with  Ohana Travel and Tours, including the Ohana Travel and Tours website. A printed version of this  agreement and of any notice given in electronic form shall be admissible in  judicial or administrative proceedings based upon or relating to these Terms and  Conditions to the same extent and subject to the same conditions as other  business documents and records originally generated and maintained in printed  form.   Any rights not expressly granted herein are reserved.   

COPYRIGHT   The information and images contained on this website, including downloadable  files, are protected by copyright. Apart from any fair dealing for the purpose of  private study, research, criticism or review, as permitted under the Copyright Act  1968, no part may be reproduced or reused for any other purpose without due  acknowledgement and advance written permission of the copyright holder.  The content on this website is provided for information purposes only. While  every effort has been made to ensure the accuracy and completeness of this  information, Ohana Travel and Tours LLC makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also offers links to other  Internet sites which are outside of Ohana Travel and Tours LLC’s control. It is the  responsibility of users to make their own decisions about the accuracy, reliability  and correctness of information contained on these sites.   

Copyright 2022 All Rights Reserved, Ohana Travel and Tours LLC dba Ohana Travel and Tours,  Salem, MA.