Legal Stuff...

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TIKI TIME CRUISING 

TERMS & CONDITIONS CANCELLATION, BOOKING AND LIABILITY POLICY 

These terms and conditions may be amended from time to time and apply to all of our services. When completing a reservation with Tiki Time Cruising, you acknowledge and agree to have read, understood and agree to be legally bound to the terms and conditions set out below. The customer making the booking accepts these conditions on behalf of all members of their cruising party and is responsible for the entirety of the payment. Bookings can be made directly through tikitimecruising.com, its sub-brands and/or any other website through which Tiki Time Cruising makes their services available. If you are having any problems booking through Tiki Time Cruising’s website then please contact us through our email or phone number to book directly. Tiki Time Cruising reserves the right to alter itineraries and/or timetables should it be necessary, due to adverse weather and or other related conditions. Tiki Time Cruising is not responsible for expenses and/or other related costs due to factors outside of its control. You are responsible for providing Tiki Time Cruising with the correct contact information and related details so that we can keep you informed in the event of changes made to the services booked. A copy of this agreement is located on our website. If you or any guests wishes to have, review, or read a copy of this policy, they may do so on our website. 

1.0 CANCELLATIONS 

1.1 Booking deposits are non refundable within 72 hours of your booked cruise date. You must contact Tiki Time Cruising by phone to cancel your cruise or inquire about a cancellation. 

1.2 We reserve the right to cancel any cruise at anytime.  Cruises may be cancelled due to, but not limited to, any of the following:

1.2.1 Severe Weather - It is up to the Captain’s discretion to determine the severity of weather or risk of weather that may occur. Weather is ever changing and Tiki Time Cruising nor our Captains are experts in weather prediction. We do our best to monitor weather conditions and act in a manner that protects our guests and vessels. However, weather can change at a moments notice, guests should be aware of the possibility of being caught out in severe weather.

1.2.2 Safety - If there are any safety issues that come up, cruises may be cancelled or delayed until such safety issue can be resolved. Safety issues can include any number of events or issues and it is up to the Captain’s discretion to cancel or delay cruises due safety issues.

1.2.3 Mechanical - Mechanical issues may occur on vessels. In the event our vessel has mechanical issues, the cruise may be delayed or cancelled.

1.2.4 Behavioral and Alcohol - Issues concerning behavior or alcohol may result in cancellation or early termination of your cruise. Guests who appear obviously overly intoxicated prior to, or during, the cruise may be asked to disembark the vessel early. Behavior issues include, but are not limited to, derogatory or offensive language, fighting or threats or violence, pose a threat to staff members or fellow cruisers in any other way, violation of local, state or federal laws, and disobeying or ignoring the Captain’s orders. The safety of our Guests, Crew and Vessel are of utmost paramount.  

1.2.5 No-Shows - guests who do not show up for their cruise, for any reason, will forfeit their cruise time slot. Our Captains will do their best to contact the guest and make accommodations for guests who are late. Tiki Time Cruising will wait for 1/2 hour (30 minutes) after start of the cruise time. If the guest has not shown or has not communicated with Tiki Time Cruising, the cruise will be cancelled as a No-Show at that time.

1.2.5.1 Late - Cruise time starts at the time that the guest has booked. If the guest or members of their party arrive late and cause the vessel to leave the dock late, the allocated time starts at the booked time and ends at the booked time. The guest may purchase additional time if it is available, but the end time is that which is booked and is not extended automatically if the guest or party is late. 

1.3 Customers will be able to receive a full refund, or book another cruise date and time, if the cruise is cancelled. Customers will NOT receive a refund if the cruise is cancelled due to provision 1.2.4 or 1.2.5 

2.0 PRICES 

2.1 Please note that all prices for the services provided by Tiki Time Cruising and its sub-brands are in US Dollars. As a local operator, Tiki Time Cruising cannot be responsible for currency fluctuations and or additional fees outside its control that may be applied such as bank transfer fees, credit card fees and etc. 

2.2 Our Vendor, FareHarbor, charges a %6.0 fee for bookings online. In the event of a cancellation, the booking fee is also refunded. Tiki Time Cruising pays for the additional credit card service fee. 

2.3 All prices shown on our website are based on current prices. All prices mentioned on our website do not include tax. Tiki Time Cruising reserves the right to alter or change already published prices on the website without prior notice. However, a change in prices will not alter currently booked cruises. 

3.0 TERMS OF PAYMENT 

3.1 Tiki Time Cruising accepts all major credit and debit cards. Purchases made via credit/debit card will go through our vendor, FareHarbor. Tiki Time Cruising requires  the full amount at the time of booking. 

4.0 SPECIAL OFFERS & PROMOTIONAL CODES

4.1 Please note that special offers such as promotional codes cannot be applied to a reservation after a purchase has been made such as in the form of a refund. When offered, promotional codes and/or other special offers, must be entered into the relevant field located on the payment page upon check out at the time of booking in order to be valid and applied. 

4.2 Please note that all special offers such as promotional codes and/or early bird discount only apply to the price of the tour. Extras and rental gear are not subject to discount. 

5.0 PICK-UP & DROP-OFF 

5.1 Tiki Time Cruising picks up and drop-off guests from the excursion docks in Hudson, WI located at 98 Walnut Street, Hudson, WI. These are public/private docks. Guests are expected to respect the dock areas and other parties that use this area. Guests will embark the vessel from the docks. Weather can affect the motion of the docks and vessel; guests should use caution and accept all liability when embarking the vessel.

5.2 In the event of the docks being overly busy, we will pick up next to the public boat launch in Hudson, WI located at 305 1st Street, Hudson, WI. This pickup area is a sandy beach area. Guests will embark the vessel via ladder at the front of the vessel. This is a public area. Weather can affect the beach area and motion of the vessel; guests should use caution and will accept all liability when embarking the vessel.

5.3 Please note that due to any number of factors, including weather and activity at the pick-up locations, the location may be changed at the last minute. Tiki Time Cruising will notify the guests as soon as possible in the change in location pick-up. Also, due to the same factors in pick-up, the drop-off location may be different that the pick-up location. 

5.4 Guests shall be responsible for parking and paying all fees that are required by the City. Parking may be limited, so guests should allow ample time to park prior to cruise time. Tiki Time Cruising is NOT responsible for any parking fines that the guest may incur for any reason. 

6.0 WEATHER AND CONDITIONS 

6.1 All cruises and outdoor activities are dependent on weather and general conditions. Tiki Time Cruising reserves the right to alter routes, itineraries, departure times and or cancel your trip without prior notice with your safety in mind, should the necessity arise. 

6.2 Please keep in mind that Minnesota is and will always be Minnesota. The weather changes fast in our climate and with it, conditions change. Our Captains will monitor the weather, however their number one priority is to make decisions with your safety in mind. Please be aware of this and respect your captain’s authority to do so. 

6.3 Tiki Time Cruising cannot be held responsible for any loss, damage, accident, injury, sickness, schedule change or other factors due to weather, strike, natural disasters or any other cause beyond Tiki Time Cruising‘s control. Tiki Time Cruising acts in good faith and cannot be held responsible for any actions caused by the weather. 

7.0 PERSONAL PROPERTY 

7.1 Tiki Time Cruising is not responsible for any lost, stolen, or damaged property while you are embarking, disembarking, or on the vessel. This includes dropping items in the water and causing their loss or damage. 

8.0 ASSUMED RISK & OUTDOOR ACTIVITIES 

8.1 Guests are advised that all activities are undertaken entirely at their own risk and they must behave in a fit and proper manner at all times in accordance with Tiki Time Cruising guidelines and must take proper responsibility for their own safety and actions. All water and outdoor activities carry inherent risks and Tiki Time Cruising or its partners do not assume any responsibility for accidents that are caused by its customers or can be traced to their own actions, caused by other parties, or are caused by factors outside of human control. With the purchase of your trip you agree to these conditions, understand its implications and accept responsibility for your participation in your trip. 

9.0 ALCOHOL AND DRUGS 

9.1 While drinking alcohol is a right of persons over 21, all guests shall assume their own risks when consuming alcohol and shall do so responsibly. Guests who drink shall assume all liability, risk and be responsible for their own actions. Guests shall take responsibility to avoid becoming overly intoxicated during the cruise. Our Captains reserve the right to refuse participation to any customer whose conduct or manner is likely to cause offense, upset or put other passengers in danger. 

9.2 All guests who consume alcohol shall be 21 years of age and follow all applicable local, state, and federal laws.

9.3 Guests shall not use or be under the influence of any illegal drugs while onboard. 

9.4 Tiki Time Cruising is not responsible for any actions of guests who consume alcohol. This includes any events that occur before, during or after the cruise.

10.0 REVIEWS & FEEDBACK 

10.1 Tiki Time Cruising welcomes all feedback, both positive as well as negative as it helps us improve our overall services, and performance. We would greatly appreciate it if you could share your tour experience with us. Please note that all complaints must reach Tiki Time Cruising within 5 days from the completion of your tour. Otherwise, possible compensation is not valid. 

11.0 CONSENT TO PHOTOS AND VIDEOS 

11.1 By participating in or attending any activity in connection with Tiki Time Cruising, LLC services, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to the same. 

12.0 GOVERNING LAW AND JURISDICTION 

12.1 This agreement shall be exclusively governed by and construed in accordance with Minnesota and Wisconsin law, and all federal laws governing the United States of America. 

12.2 Any disputes arising out or in connection with this agreement shall exclusively be submitted to and dealt with by the district court of Washington County, Minnesota or St. Croix County, Wisconsin. 

12.3 All guests agree to follow all applicable local, state, and federal laws. If guests violate any law, they shall not hold Tiki Time Cruising liable. Any actions caused by the guests that result in a fine incurred by Tiki Time Cruising, the guest shall indemnify Tiki Time Cruising. 

13.0 BOOKING GUIDELINES 

13.1 Please make sure to fill in and/or provide all necessary details upon booking your cruise. Once you have completed the booking process a booking confirmation will follow, containing your booking number and confirmation. Please note that you are responsible for carefully checking all details on your confirmation and related travel documents to ensure that they are correct. In the event of a discrepancy, such as booking mistakes where the wrong date and/or an incorrect number of participants was booked please contact Tiki Time Cruising immediately as it may not be possible to make amendments to your reservation when it gets closer to your cruise date. Tiki Time Cruising cannot be responsible for mistakes in the booking process. 

14.0 LIABILITY AGREEMENT 

14.1 INTRODUCTION: Tiki Time Cruising, LLC welcomes you to this unique and fun experience. We hope you have the best time of your life. As you know, our service involves being on and, if your choose, in the water and, if your choose, alcoholic drinks. Obviously, any one of these can be dangerous alone, and they can all be dangerous together. As a mandatory condition of our allowing you to use our service, you must review, understand, agree to and sign this document, in which you assume the risks of your own conduct, release us from liability, give up claims you might allege, and indemnify us against claims that others might allege as a result of your conduct. This document also provides you with some of our ground rules, which you must comply with in order to take part in our service, we promote a fun and safe environment.

Thank you for joining us on Tiki Time Cruising!! 

14.2 WAIVER AND RELEASE OF LIABILITY: In consideration of Tiki Time Cruising, LLC providing me and other persons with access to their Tiki Boat (referred hereunto as the “Vessel”) on a guided group cruise on the St. Croix River and allowing me and others to bring and consume alcohol during the cruise, I agree that I engage in such activities and use the Vessel at my own risk. To the fullest extent permissible by law and on behalf of myself and any person related to me in any way, I agree to release and discharge Tiki Time Cruising, LLC and any person related to it in any way, as well as any business or person involved as a vendor, St. Croix Marina, or operator of the same, from any and all liability whatsoever for injuries, damages, claims or causes of action (known or unknown) arising out of their negligence or other fault. This includes without limitation injuries or damages which may result from the negligence of other guests or patrons, the excessive consumption of alcohol by myself or other persons, the negligent operation, maintenance, care, design or manufacture of the Vessel, the failure to prevent theft, assault, or other misconduct by others, wrongful death, and/or any other improper or negligent act or instruction, whether related to physical activity, drinking or not. This release is not intended to release claims of gross negligence or Tiki Time LLC intentional torts. I fully understand that if any medical treatment is provided to me, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment. I acknowledge that I have carefully read this Waiver and Release and fully understand that I am waiving any right that I may have to bring a legal action to assert these claims. This waiver and release is intended to be interpreted as broadly and all encompassing as permissible under Minnesota or Wisconsin law. 

14.3 ASSUMPTION OF RISK: I understand that my presence on or around the Vessel, my participation in any activities offered by Tiki Time Cruising, LLC, and/or my consumption of alcoholic beverages or association with people who are consuming alcohol carry with them certain risks, known and unknown, including but not limited to the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage, including but not limited to the following:

*Unanticipated changes in weather and water conditions and exposure to the sun 

*Conduct of third parties at the launch and landing areas and in other vessels on the water 

*Exacerbation of medical conditions resulting from physical exertion and/or alcohol consumption 

*Activities in the water and swimming 

*Falling into the water, whether or not wearing the provided personal flotation devices

*Falling or slipping due to wet conditions or rough waters

*Any injuries in, on or near the vessel

I understand that these risks cannot be completely eliminated without fundamentally altering the unique experience provided by the Vessel. I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses. Furthermore, I expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided personal flotation devices or from my consumption of alcohol while on the Vessel. I understand that Tiki Time Cruising, LLC might not supervise activities that take place on the cruise and that it does not provide medical services. I further acknowledge that any injury I might sustain might be compounded by negligent or delayed medical service. On behalf of myself and any person related in any way to me, I voluntarily and freely assume all risks and dangers that may occur, including the risk of injury, death, or property damage. 

14.4 RIDERS’ LEGAL VIOLATIONS: I understand and agree that Tiki Time Cruising, LLC will charge the Booking Individual’s credit card if Tiki Time Cruising is fined, ticketed, cited or punished due to a rider’s actions. I understand that my name and/or the Booking Individual’s name may be shared with law enforcement if any legal violations occur during the Cruise. 

14.5 INDEMNIFICATION: I hereby agree to defend, indemnify and hold harmless Tiki Time Cruising, LLC and any person related in any way to it from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property relating in any way to my use of Tiki Time Cruising, LLC services and equipment, my drinking, and/or my participation in the cruise. 

14.7 RULES OF THE WATER: I agree to obey the Rules of the Tiki Time Cruising, LLC, and the laws of the State, County and City in which we ride. I understand that it is not Tiki Time Cruising, LLC’s responsibility or obligation to inform me of the applicable laws, and I assume full responsibility. The Rules of the Water for the Tiki Time Cruising, LLC are, but not limited to, as follows: All instructions or commands given by the Captain shall be followed and obeyed under all circumstances without exception All passengers must follow all city, state and federal laws including all maritime laws NO rider may leave, join, hang off, jump off or reach off or on the vessel while it is in motion NO rider may disrespect the community in which we ride; disrespect includes littering, using foul or derogatory language, making obscene gestures, etc. NO public urination NO excessive noise or yelling; this especially includes when guests embark and disembark the Vessel NO rider may damage or abuse the Vessel. If damage occurs, the Booking Individual will be billed for any incurred damage 

15.0 ACKNOWLEDGEMENT

I hereby acknowledge that I have fully read and understand each of the above provisions. I acknowledge that I had the opportunity to take the time to review and understand it. If I did not fully understand what this document means, I would not take a cruise until I had sought the advice of my own attorney. Therefore, I hereby acknowledge that by paying for, participating in, and embarking on a cruise with Tiki Time Cruising that I am fully competent and I execute this agreement voluntarily and for adequate consideration intending to be fully bound.