Welcome to the BEST COAST TOURS site!
When you enter and/or you book a tour with us, these Terms and Conditions of Service (the “Agreement”) shall govern your use and access of this website placed online and accessible at http://www.bestcoasttours.com (the “Site”) and your bookings for tours (the “Services”), regardless these were made through the website, by phone or by email. The provisions determined in these Terms and Conditions of Service shall be construed as a binding agreement between you the User of the Services (the “User” or “you” or “your”) and BEST COAST TOURS Inc., a company incorporated in the State of California (the “Company” or “Best Coast Tours” or “we” or “us” or “our”), which runs and controls the Services. Any use of the Services shall be pursuant with the provisions determined herein, and non-compliance may result in termination of the Services, at the Company’s sole decision.
The Services available on the Site consist in the booking of the tours available thereon, and other similar tourism and travel related services which the Company may make available from time to time, and on a case by case basis. Payments may be made online by means of a legal payment method (including, but not limited to, VISA, MASTERCARD, AMERICAN EXPRESS, PAYPAL), or cash. Notwithstanding what is determined in the following Sections, Services are provided by Company to all Users pursuant to an itinerary which is accepted by the User at the moment of his booking of a tour.
2. WARNING OF HEALTH RISK
WE STRONGLY RECOMMEND THAT YOU CONSIDER ANY POSSIBLE HEALTH RISKS WHEN PARTICIPATING IN ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, SENSITIVITY TO LIGHT CHANGES, DIZZINESS, PHYSICAL CONDITIONS SUCH AS BACK OR NECK PAIN, HIGH OR LOW BLOOD PRESSURE, SENSITIVITY TO LOUD NOISES OR SOUNDS, AND HEART CONDITIONS. THE SERVICES ARE PROVIDED TO YOU AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN BEST JUDGEMENT WHEN DECIDING TO PARTICIPATE IN THE SERVICES, ANY TOURS OR OTHER TRAVEL OR TOURISTIC ACTIVITIES. IF YOU THINK THAT YOU ARE NOT ABLE TO PARTICIPATE IN ANY ACTIVITIES, KINDLY WARN THE STAFF BEFORE TAKING ANY SERIOUS HEALTH RELATED RISKS.
3. USER OBLIGATIONS
Failure to comply with this Section 3 may result in non-refundable suspension or cancellation of your booking. You hereby represent to comply with the following:
3.1 Punctuality; you are solely responsible to be at the previously stated location to start the tour at the website stated start times. We strongly advise every User to be at the location at least 15 minutes in advance of the beginning of any booked tours.
3.2 Full Payment; to participate in a tour you must have fully paid for the Services; no partial payments are accepted.
3.3 Disclaimers; You will consider the WARNING OF HEALTH RISK, NO WARRANTY and LIMITATION OF LIABILITY.
3.4 Staff Authority; you shall at all times consider the directives, indications, suggestions and invitations of the Staff.
3.5 Language; you agree that your language shall at all times be respectful to our staff, of other participants of the Services, and other third parties you may have contact with. If you insult, curse, are obscene, discriminating, misogynistic, racist, or otherwise address others incorrectly, you may be directed by the staff to leave the vehicle, as staff may consider necessary or appropriate.
3.6 Dress Code; dressing inappropriately shall be interpreted when any piece of clothing displays or endorses profanities, gore, drug abuse, violence, discrimination on base of ethnicity, race, nationality, gender, sexual preference, or other symbols, texts or images which may promote hate, or extremely obscene.
3.7 Stolen ticket and possessions; Company shall not be liable to you for stolen tickets or of the losing or theft of your property; such lability shall remain with you, to the maximum extent allowed by applicable law.
3.8 User information; you shall at all times provide Company with updated, real, true and verifiable information for booking purposes, and for the provision of any Services.
3.9 Prohibitions; the following prohibitions shall apply to you whilst on the Bus/Van or during any tour or other related services which may be provided by Company:
i) NO SMOKING.
ii) NO FOOD OR DRINKS.
iii) NO ALCOHOLIC BEVERAGES OR OTHER PROHIBITTED SUBSTANCES.
iv) BEING INTOXICATED DUE TO ALCOHOL OR OTHER SUBSTANCE ABUSE.
v) NO PETS.
3.10 Guest participation; to be eligible to participate in the tours he must be able to enter, participate and exit the vehicle, or to provide for assistance on his own.
4. RETURN POLICY
It is not the intention of Best Coast Tours to capitalize or benefit from your emergency or eventuality which may arise and impedes you from participating on a tour you previously booked. Therefore, and notwithstanding what may be determined herein, we are willing to honor any reasonable refund request, provided that such refund is not a result of a breach to this agreement or other illegal activity. In other cases, whenever the Company deems fit and necessary, reschedules may also be an option.
5. SPECIAL REQUIREMENTS
In case you need to accommodate a wheelchair in the Bus/Van provided you warn us at the time of booking, we may be able to provide you with accommodation, either on the vehicle or somewhere else, subject also to availability and space requirements. People with disabilities are encouraged to be accompanied by someone who is able to assist them, as, due to liability issues and conflicts, the Company staff is only authorized to assist or help in case of emergencies. If you have any other special requirements, kindly inform us at the time of booking so that we can inform you on how we could reasonably comply with such requests. Omission to warn the Company of a special requirement shall not be considered fault or inability of the Company to comply with the request or create any liabilities to Company. If you decide to participate on a Tour or other Services without the Company being able to fulfill the request, you do so at your own risk and responsibility, and waive any further claims to Company.
6. USE OF YOUR LIKENESS
You hereby fully authorize us to:
6.1 Take pictures and make video recordings which may be publicly displayed during the Tour or Services which are being provided to you, for promotional purposes.
6.2 Use your likeness in pictures, photographs, videos or other recorded media, for promotions, digital content, printed promotional material, advertisements on television or online venues, or any other form of merchandize which promotes or showcases the Services to any audiences.
This Section is subject to your approval, and you may oppose us using your image simply by informing the staff or sending us a message online.
Company may change the prices listed on the Sites or on other promotional material, in the manner that Company sees appropriate, and with no obligation to practice reimbursements for price drops or increases, and you state to agree that after a purchase is made the price becomes final to the purchasing User, and there shall be no reimbursement due to fluctuation of price.
8. RISK ACKNOWLEDGEMENT
Although it may not result obvious, there are risks involved related to the Services. Therefore, you hereby attest that you understand that during the provision of any Services, Tours or other travel related activities, there is a considerable risk of injury and that this risk is assumed by you and your assigns when applicable, and all liability resulting of any injuries shall be your sole risk and liability.
9. NO WARRANTY
ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATION. ALL SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE”, AND NO WARRANTY IS EXTENDED TO ANYONE REGARDING THE COMPLETENESS, SATISFACTION, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE SUITABILITY OF ANY SERVICES WHICH ARE PROVIDED BY BEST COAST TOURS. BEST COAST TOURS SHALL MAKE REASONABLE EFFORTS FOR ALL SERVICES TO BE PUNCTUAL AND THAT THE ITINERARY IS FOLLOWED, HOWEVER, NO WARRANTIES OF PUNCTUALITY IN BOTH ARRIVAL AND DEPARTURE ARE GIVEN AND ALL LIABILITIES FOR LATENESS RESULTING FROM REASONS BEYOND THE REASONABLE CONTROL OF BEST COAST TOURS ARE DISCLAIMED AND SHALL NOT APPLY.
10. NO LIABILITY
BEST COAST TOURS SHALL HAVE NO LIABILITY TO USERS, IN ANY CIRCUMSTANCE WHATSOEVER, INCLUDING NEGLIGENCE, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY ANY USER OR THIRD PARTIES DURING, AS A RESULT OF THE USE, OR INABILITY TO USE, THE SERVICES, BOOKINGS, TOURS, OR OTHER TRAVEL RELATED ACTIVITIES, INCLUDING ANY LOSSES OF PROPERTY OR LOSS OF PROFIT. USERS HEREBY CONSENT TO WAIVE ANY LEGAL CLAIM AVAILABLE TO THEM AGAINST BEST COAST TOURS, ITS DIRECTORS, AGENTS, EMPLOYEES AND ASSIGNS AND TO SEEK ANY SORT OF REMEDY OR COMPENSATION FROM THEM, DERIVING OUT OF, AND IN RELATION TO THEIR USE AND/OR PARTICIPATION IN THE SERVICES. LIABILITY IS ALSO DISCLAIMED BY BEST COAST TOURS IN CONNECTION OF INJURIES, DELAYS, IRREGULARITIES, LOSSES, ACCIDENTS OR DAMAGES TO PERSONS OR PROPERTY WHATSOEVER OR HOWSOEVER THESE DAMAGES WERE INCURRED IN, IN CONNECTION OF THE SERVICES OPERATED BY US. FURTHERMORE, COMPANY SHALL HAVE ALL RIGHTS TO RESCHEDULE ANY PROGRAMMED SERVICES AND TOURS, WITHOUT FURTHER OBLIGATION TO YOU OR ACCEPTING ANY LIABILITY, WHENEVER COMPANY CONSIDERES NECESSARY.
You hereby agree to indemnify, defend and hold harmless Best Coast Tours, its officers, employees, directors, agent, assigns and affiliates from any causes of action, damages, claims, losses, proceedings, fees, liabilities, costs or expenses, including reasonable attorney fees, arising from your use of the Services, the Site and its contents, your violation of any of these terms or conditions, or your infringement of any intellectual property rights.
Additionally, you shall at all times hold harmless and keep Best Coast Tours indemnified against any type damages incurred in by third parties and their subsequent legal claims for compensation, which are a consequence of your actions and/or omissions during, before and after any Services provided to you by our Company. We shall not accept any liability for your interaction and actions with third parties during the Services, and you state that you understand that you assume all the liability for any damages to third parties.
12. FORCE MAJEURE
The delay and/or non-performance of Company to any obligations, either contained herein or resulting of a booked Service, shall not be considered a breach to this contract, provided that such delay and/or non-performance results considerable weather changes, hurricanes, tornados, fires, snowstorms, floods, earthquakes, mechanical failure, acts or omissions of other passengers, road conditions, traffic, or other acts of God and events which are not under reasonable control of Company.
13. GOVERNING LAW
In the unlikely event of disputes between the Company and the User, or which arise out of this Agreement, the laws and regulations of the State of California shall apply, and the courts of Orange County shall be competent to decide on matters related to this Agreement, its possible or alleged breaches, or any other circumstances which may appear.
Company may make all the amendments and/or modifications it desires. Kindly visit this part of the Sites often to notice any changes which may apply to you and your booking.