Terms of Use

By using this website, you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use. If these Terms of Use are not acceptable to you, please do not use this website. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on this website. Your continued use of this website will be deemed your conclusive acceptance of the updated Terms of Use.

Access to and use of these websites is subject to acceptance of the terms and conditions below ("Terms"), which include our Privacy Policy. By accessing, using or obtaining any content, products, or services through these websites, you agree to be bound by these terms. If you do not accept all of these terms, then please do not use these websites.

In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.

"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.

"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.

"Member ID" means the ID you use (with your password) to log in to our Site.

"Big Kahuna Hawaii" or "we" means Big Kahuna Activities LLC, and its subsidiaries and affiliates.

"Products and Services" means all activities, tours, theater tickets, attractions, travel, and other items available through the Site.

"Provider" means Big Kahuna's licensors, suppliers, information providers, and travel and leisure service providers.

"Purchase" means to book, reserve, or purchase.

The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations on the third party's website.

"Site" means the www.bigkahunahawaii.com website and its respective subsites, together with the respective Content, Marks, Products and Services available from this site and subsites.

General

Any and all use of the Big Kahuna Hawaii website, is subject to these Terms of Use. Big Kahuna Hawaii reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. Upon logging in, or where a login is not required, on accessing or using the website, you are accepting these Terms of Use in their current version as basis for the use of this website. Any and all use of the Big Kahuna Hawaii website is at your own risk.

Accessibility

All Big Kahuna Hawaii website users acknowledge that Big Kahuna Hawaii expressly excludes any liability for the continuous availability of the website. Big Kahuna Hawaii additionally reserves the right to fully or partly stop operating and/or providing this website or limit the access to it at any time and without further notice.

Site

These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Big Kahuna Hawaii and its Providers.

Additional Terms

Additional terms may apply when you purchase Products or Services, or when you participate in sweepstakes, raffle, or other promotions. For example, activity providers have contracts of carriage, cancellation policies, and sweepstakes rules. These additional terms are found in the area of the Site where you will purchase a Product or Service, or where you will register for a sweepstakes.

You agree to abide by the terms and conditions of imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.

Examples of additional terms are provided below. There may be other terms, for example if we organize a promotion. You are responsible for reviewing the forms that you fill out when you Purchase Products or Services, or participate in sweepstakes, raffle or other promotions.

Age Restriction

Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or purchase the Products or Services available on the Site.

Responsible Party

You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of this information. You may be financially accountable for all use of our Site by you and anyone using your password and login information.

License

Big Kahuna Hawaii grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.

No Copy, Distribution, or Sale

You may download, display, or print any portion of the Content without expressed writing permission to do so. The downloading and printing of vouchers will be governed by the terms indicated on the voucher page. When downloading and/or printing a voucher, you may not modify the Content in any way.

Except as provided above, you may not

• Copy, reproduce, upload, post, display, republish, distribute, transmit any part of the Content in any form whatsoever;
• Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Modify, translate into any language or computer language, or create derivative works from any Content or any part of this Site;
• Reverse engineer any part of this Site; or
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties

Other Limitations

Unless otherwise provided within these Terms, or unless specific applicable law requires Big Kahuna Hawaii to allow you to do so, you may not do any of the following without the prior written consent of Big Kahuna Hawaii:

• Use any robot, spider, other automatic device, or manual process to monitor Content;
• Use the Site other than to make legitimate reservations or purchases;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Imply in any fashion that Big Kahuna Hawaii is endorsing your products or services;
• Place false or misleading information on the Site;
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
• Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Big Kahuna Hawaii, other Site users or members;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
• Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment; or
• Disguise the origin of the information transmitted through the Site.

Member ID and Password

Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Termination

Big Kahuna Hawaii, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Big Kahuna Hawaii shall not be responsible to you to such suspension or termination.

Changes

Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Big Kahuna Hawaii shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.

We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.

We may also modify these Terms at any time and without advance notice or liability.

Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.

Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

Availability

We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

You should not take any action based on information on this Site until you have received a confirmation of your transaction. We will make every effort send confirmations within 1-2 business days of your purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department.

Viruses

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

International Travel

Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before 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 on public and governmental sites.

By offering for sale travel to particular international destinations, Big Kahuna Hawaii does not represent or warrant that travel to such point is advisable or without risk. Big Kahuna Hawaii does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

Outbound Links

For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.

You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

Inbound Links

We welcome links from a third party site to the homepage of our Site, through a plain text link, provided that (a) you give Big Kahuna Hawaii prior written notice of such link by contacting our customer service department to request Big Kahuna's permission to establish the link; (b) you discontinue providing a link to our Site if so requested by Big Kahuna Hawaii; (c) you do not imply in any fashion that Big Kahuna Hawaii is endorsing any of your products or service or is affiliated with you; (d) you do not present Big Kahuna Hawaii in a false light, or provide misleading or false information about Big Kahuna Hawaii or its Site or Services; (e) you do not remove or obscure the copyright notices, or other notices on this Site; (f) you do not use any Mark of Big Kahuna Hawaii; and (g) you do not replicate, frame or mirror the content of the Site.

We reserve the right to require you to remove links to the Site, in our sole discretion.

Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with Big Kahuna Hawaii.

Ownership Rights

This Site is the sole and exclusive property of Big Kahuna Hawaii or its licensors. Big Kahuna Hawaii and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks

Big Kahuna Hawaii and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Big Kahuna Hawaii and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Big Kahuna Hawaii or the relevant Provider, except as an integral party of any authorized copy of the Content.

Your Comments and Submissions

Any communications or materials you transmit to Big Kahuna Hawaii, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Big Kahuna Hawaii, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

Big Kahuna Hawaii may charge a fee for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.

To prevent abuse of our online systems, any process which is not a bone fide use of the system may result in cancellation of reservations, termination of service, service charges and/or legal action.

Big Kahuna Hawaii and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Big Kahuna Hawaii and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Big Kahuna Hawaii is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, Big Kahuna Hawaii AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors and not agents or employees of Big Kahuna Hawaii. IN NO EVENT WILL Big Kahuna Hawaii OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPERLINKED WEBSITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF Big Kahuna Hawaii AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, Big Kahuna Hawaii or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Big Kahuna Hawaii and the Providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply.

You agree to defend and indemnify Big Kahuna Hawaii and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Big Kahuna Hawaii as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.

No Damages

WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS' SERVICE PROVIDERS' OR SUPPLIERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Reservations, Bookings, and Purchases

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before purchase.

You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase set forth in a supplier's rules or contract of carriage.

Groups

All reservations made through our Travel Services are "for individuals only" and are not handled as a "group". Thus any booking or combination of bookings made for a number of individuals will be handled on an "individual basis". We will do out best to accommodate any number of individuals, but we are restricted by seating capacity and other factors. Reservations for more than one individual will be handled on an individual basis with scheduling determined by Big Kahuna Hawaii, its Providers, subsidiaries and affiliates. Requests for group tours may be made in writing via our contact page. YOU AND ANY GROUP YOU MAY REPRESENT OR BE A MEMBER OF MAY NOT ASSUME ANY SPECIAL RIGHTS TO THE HANDLING OF GROUP TOURS. ALL GROUPS ARE DEALT WITH AS IF EACH MEMBER OF THE GROUP MADE THEIR OWN RESERVATION. GROUP ACTIVITIES IN WHICH THE NUMBER OF PARTICIPANTS IS MORE THAN 15 ARE SUBJECT TO SPECIAL RULES REGARDING SCHEDULE CHANGES, CANCELLATIONS AND TRANSPORTATION.

License to Sell Travel Services

Big Kahuna Activities LLC is authorized by the STATE OF HAWAII PROFESSIONAL & VOCATIONAL LICENSING DIVISION of the DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS in Honolulu Hawaii as a licensed ACTIVITY DESKS and licensed TRAVEL AGENCY.

State of Hawaii License Type: TRAVEL AGENCY. License Number: TAR6265

State of Hawaii License Type: ACTIVITY DESKS. License Number: AD805

Both licenses have been authorized by the Executive Officer of the Board of the STATE OF HAWAII PROFESSIONAL & VOCATIONAL LICENSING DIVISION of the DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS in Honolulu Hawaii.

The laws of the State of Hawaii (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. Any claim, dispute or controversy arising out of or relating to these Terms of Service or the performance or breach thereof shall be submitted to binding arbitration in the City and County of Honolulu, Hawaii, in accordance with the rules and procedures of the American Arbitration Association then in effect. The Arbitrator shall apply the substantive law of the State of Hawaii, exclusive of any conflict of law rules. Arbitration shall be before a sole Arbitrator and shall be in the City and County of Honolulu, Hawaii. The Arbitrator is not empowered to award damages in excess of the lesser of damages listed in these Terms. The award/decision rendered by the Arbitrator shall be final and binding, and judgment upon the award/decision may be entered by any court having jurisdiction of either party. Each party is required to continue to perform its obligation under these Terms pending final arbitration award/decision of any dispute arising out of or relating to this agreement. Any claim shall be time-barred unless the asserting party commences an arbitration proceeding according to the Arbitration Rules with respect to such claim within one (1) year from the date when service under these Terms began.

Any claim, dispute or controversy not governable by the American Arbitration Association shall only be submitted in the state and federal courts located in Honolulu County, Hawaii (USA). In any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.

Prior Terms and Conditions

These Terms supersede any prior Big Kahuna Hawaii Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.

Modifications

We may modify, revise or update these Terms and/or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Written Documents

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

Electronic Notification

To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Big Kahuna Hawaii, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

customerservice @ bigkahunahawaii.com