TERMS AND CONDITIONS

TailoredTransfersTours.com by SST.
Effective date June 11/2024

Please read the Terms and Conditions carefully before you (the customer) make reservations and/or purchase a tour and/or tour-related products listed on tailoredtransferstours.com  brought to you by St. Maarten Sightseeing Tours (SST). This agreement with help you completely understand the rights and responsibilities of both yourself and TailoredTransfersTours. By becoming a tailoredtransferstours.com customer, you agree that you have read, understand and agree with the following Terms and Conditions, and give irrevocable consent to be bound by all said Terms and Conditions, including any updates thereto. TailoredTransfersTours has the right to change the Terms and Conditions, in whole or in part, at any time with or without notice. TailoredTransfersTours encourages you to print out a copy of this agreement to review and bring it with you on your trip.

Your Eligibility
You must be an individual, 18 years of age or older. If you are under 18, you may use tailoredtransferstours.com only with involvement of a parent or legal guardian.

Your Responsibility
Before making reservations, it is your responsibility to read the fine print associated with your desired product including, but not limited to, the following sections: Pricing and its notice, Tour Itinerary, Package Includes, Package Excludes, Cancellation and Refund Policy, Terms and Conditions, Special Note, etc.. And you herein state that you have read and fully understand the content of all fine print and will waive the right to dispute any part of it after your purchase.

Agreement between TailoredTransfersTours (TTT) brought to you by St. Maarten Sightseeing Tours (SST) and its users/clients.
These Terms and Conditions (“Terms”) govern access to and use of SST (“SST”, "TTT", “we” or “us”) websites, including but not limited to https://tailoredtransferstours.com (collectively, the “Site”), and services, including but not limited to vacation, event, guided tours, and any other services and products offered on the Site (collectively, the “Services”), by Site visitors and individuals who contract for, pay for, or otherwise utilize the Services provided by St. Maarten Sightseeing Tours (SST) (“User(s)”). As used herein, the terms “TailoredTransfersTours” and “TTT” shall refer to TailoredTransfersTours, TTT by St. Maarten Sightseeing Tours (SST). Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any Services offered through the Site.

1. Acceptance of Terms
1.1 If you do not agree to the Terms, please do not use the Site. By using the Site, and/or by making a booking with TTT, you acknowledge that you have read, understood and agree to these Terms. These Terms, along with the conditions and policies set forth on the Site and in your Booking Confirmation, constitute the entire agreement between yourself and TTT. As used herein, the term “Booking Confirmation” shall mean a statement sent by TTT via email or text to you, which confirms the details of your booking through the Site.

1.2 Please check these Terms periodically for changes. TTT reserves the right to change these Terms without notice. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes

2. Privacy Policy
TTT will not sell your personal information. Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found here

3. Eligibility
By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms. The Site is not available for use by anyone under the age of 18. If you are agreeing to these Terms on behalf of an organization, entity, or other group of individuals, you represent and warrant that you are authorized to agree to these Terms on that organization, entity or group’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization, entity, or group).

4. Payments and Pricing; Promo Codes
4.1 Prices are listed on the Site in American Dollars. All payments must be made in US Dollars, and all sales are considered as having been made inSint Maarten, Dutch Caribbean.

4.2 TailoredTransfersTours accepts the following credit cards: Mastercard, Visa, Discover, UnionPay, JCB, and American Express. All credit card processing fees are built into our prices, and TTT will not charge you any additional fees for credit card processing at checkout. Full payment by credit card is required to make a reservation. Payment will be listed as “TailoredTransfersTours” on your credit card statement.

4.3 Subject to Paragraph 4.4. below, prices are fixed at the time of booking and generally will not be subject to surcharges; however, you may be required to cover any price increases resulting from actions by the government, institution, or organization that oversees and/or governs the tour location, or as a result of additions or changes to the exhibits at museums. Please note that while TTT always aims to avoid price increases, TTT reserves the right to charge Users additional amounts to cover such unexpected price increases.

4.4 Promo codes and special offers are subject to the explicit terms contained in the advertisement, email, or mailing for such codes and offers. Additionally, the following terms apply: (a) only one promo code may be used for a single booking; (b) promo codes may only discount the purchase price by the stated amount in the advertisement, email, or mailing, any additional inadvertent discount resulting from computer or human error will result in TTT requesting additional payment to cover the difference between the intended discount and unintended additional discount, and refusal by the User to pay the additional amount will result in cancellation of the booking;  promo codes may only be used by the individual who was addressed as the recipient of the email or mailing that contained the promo code; and (e) promo codes may not be used on completed or past bookings.

4.5 Standard message and data rates may apply for any calls, text messages or e-mails with TTT. These would be charged by, and be payable by you, to your mobile service provider, or other internet or data provider. As mobile access, email delivery and text message delivery are subject to your carrier network availability, as such access and delivery is not guaranteed.

5. Modifications to Existing Tour Bookings
5.1 All requests to modify existing bookings and reservations must be directed to the TTT Customer Service Team through email or our Help Center.

5.2 For all tours TTT will make best efforts to accommodate a request to modify an existing booking without charging an additional fee, so long as the modification request is received by our Customer Service team more than twenty-four (24) hours in advance of the scheduled local start time of the tour. An additional fee will only be charged in the event that the request requires additional tickets to be purchased.

5.3 TTT reserves the right to cancel, change or substitute any tour that you have booked on the Site, at any time, for any reason.

6. Cancellation Policy
6.1 You are permitted to cancel your booking with TTT. All cancellation requests must be made through email to info@tailoredtransferstours.com or by using your own user account at our booking system. Whether TTT will issue a refund depends on two things (a) the type of tour booked, and (b) the timing of the cancellation request. See Paragraphs 6.2-6.4 below. TTT will use best efforts to issue you a refund with no additional fee, but TTT may have to charge a cancellation fee in certain cases, which will be deducted from your refund. Cancellation fees vary depending on the tour, circumstances of the cancellation, and costs incurred by TTT as a result of the cancellation. Some tours require the purchase of a ticket in advance, and this cost may be factored into the cancellation fee. TTT’s cancellation policy applies to cancellations due to travel delays and unforeseen circumstances, so TTT strongly recommends that you purchase travel insurance for your trip.

6.2 For all small group tours and activities, TTT will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTT at least seventy-two (72) hours before the start of the tour, as stated in your booking.

6.3 For private tours and activities, TTT will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTT at least fifteen (15) days before the local start time of the tour, as stated in your booking.

6.4 For any tour or activities booked for big groups (10 - 40 pax) all cancellation requests must be submitted thirty-five (35) days prior to the date of the tour..

7. Force Majeure (Including Pandemic and War)
7.1 If TTT is forced to cancel a booking, including any Tours or Tickets, due to a Force Majeure Event (defined below), TTG will issue you a credit voucher equal to your purchase price. For purposes of these Terms, a “Force Majeure Event” means any significant interfering event outside of the Parties’ control which renders the obligations of the Parties impossible, impracticable, or unsafe, including, but not limited to, acts of God, war, the closing of international airports, riots, civil strife, labor difficulties, epidemics, pandemics, natural disasters, fire, accidents, death, or government orders.

7.2 Credit vouchers and gift cards are not redeemable for cash value. Credit vouchers and gift cards are valid for 36 months from the date of receipt.

8. Time and Date Changes by TTT
8.1 All date and times listed on the Site represent the local time of that specific travel destination, and not the User’s time zone. Sometimes, tours are subject to sudden and unexpected changes. Therefore, TTT reserves the right to change the start time, date, or meeting point of any tour or service you book through TTT. TTT will notify you of such changes by email, phone, and/or text phone using the information you provided during booking. For this reason, customers are required to insert valid/working phone numbers and emails. TTT will not be responsible for failed communications due to invalid phone numbers and/or emails.

8.2 Tours that are more susceptible to sudden time changes include but are not limited to Water sports, Boat Trips or sailing. If any scheduling changes are unacceptable to you and there are no viable alternatives, TTT will offer you a cash refund of your purchase price.

9. Disclaimer of Loss or Damages for Lost or Stolen Property
TTT is not responsible for any loss, damage, or injury that occurs during the use of Services, during the travel to or from its Services, as a result of any actions of third-party individuals or organizations, or as a result of the conditions of the toured premises or other locations and facilities used during your trip. Examples of such losses, damages, or injuries include, but are not limited to lost, stolen, or damaged baggage and personal items, assault, slips and trips, vehicle accident, illness, acts of terrorism, and spontaneous gladiatorial events and/or the events from the book of Revelations in the bible. TTT is not responsible for the actions of its third-party service providers, such as drivers, guides and partner tour operators. However, TTT partners with reliable and professional transportation service providers, guides and partner tour operators and will ensure that all drivers are properly insured and licensed. It is the responsibility of each participant to keep a watchful eye on their personal effects.

10. Travel Insurance
TTT recommends that you purchase travel insurance. TTT may recommend an insurance provider, but any such recommendation shall not constitute any form of representation, warranty, guarantee, surety, or other contract or assurance as to the services provided by such insurance provider. In making a recommendation, TTT is not acting as an agent of either the User or the insurance provider, and in no case shall TTT intervene, take responsibility for, or otherwise participate in any future claims or disputes between the User and the insurance provider.

11. Special Assistance
If you or someone that you are traveling with requires special assistance or accommodation due to disability, mobility issues, dietary restrictions or other impairments, please notify TTT and request special assistance or accommodation at the time of booking. TTT will make reasonable efforts to accommodate special requests, but cannot guarantee that accommodations will be made. Not all historical sites are equipped for those with mobility issues. Travelers should know that handicap access is not required in certain countries. Additionally, tour guides cannot and will not be responsible for providing personal assistance. For these reasons, TTT strongly recommends that any traveler requiring special assistance or accommodation schedule a private tour and be accompanied by a companion or aid who is responsible for providing all necessary assistance. A private tour will provide the most flexibility with times and tour routes can be modified to address your specific needs.

12. Minors
12.1 Any minor child (under the age of 18) who participates in a TTT Tour, or other Service must be accompanied by an adult. The accompanying adult is responsible for supervising the minor throughout the entire duration of the Service.

12.2 It is your sole responsibility to book the correct number and type of travelers, including without limitation, the age of the travelers at the time of booking the tour or experience. Any incorrect or misrepresented guest information provided by you to TTT at time of booking could result in TTT having to charge you for additional fees in order to organize or make changes for the correct type of ticket for the tour or experience.

13. Holidays and Closures
TTT conducts research and plans its tours to avoid cancellations due to holidays and closures. However, most museums in the countries we operate reserve the right to close immediately without prior notice, for any reason. TTT does not take responsibility for sudden closures at the direction of the government or tour site staff and management or interferences by labor strikes, protests, or other events outside the control of TTT. TTT will make best efforts to reschedule any affected tours, but this cannot be guaranteed.

14. License
 Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site and Services for your non-commercial personal use, and only as expressly permitted in these Terms. You shall not use or permit use of the Site or Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of TTT, you may not access or use the Services without TTT’s explicit, advance, written consent, and then only for the purposes authorized in writing. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site or Services; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with TTT’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site or Services for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site and Services, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.


15. TTT Content
15.1 You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “TTT Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and TTT, TTT is the owner of TTT Content. You may not reproduce, distribute, republish or retransmit any TTT Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by TTT herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or TTT Content. Systematic retrieval of data or other TTT Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TTT is prohibited.

15.2 The information contained on the Site is for general informational purposes only. The information is provided by TTT, and, while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will TTT be liable for any loss or damage, direct or indirect, arising from or in connection with the use of the Site.

16. Site User Information
When you post content on the Site or provide information to TTT, such as reviews or survey feedback (“User Content”), it belongs to you; however, you grant permission to TTT to use that content in connection with our Site. Accordingly, you grant TTT a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit the User Content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant TTT the foregoing license for all User Content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.

17. Third Party Sites/Information
The Site may provide links to, or information gathered from, other sites on the Internet. TTT makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply TTT’s endorsement of any such sites or any association between TTT and these other sites’ operators. These sites are not under the control of TTT, and you acknowledge that TTT, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that TTT, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.

18. Posting Guidelines
TTT may host message boards, blogs, chats, and other public forums on the Site and TTT’s social media accounts. Message boards, blogs, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site may be seen by anyone on the Internet. You agree not to post any defamatory, abusive, profane, threatening, offensive, or illegal materials or information. You also agree not to post statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning. You also agree not to post any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such user’s submission or post. In addition, you grant TTT and users of the Site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or materials.

19. User Warranties
User hereby represents and warrants to TTT that: (a) you have all requisite rights and authority to use the Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Services associated with your bookings; (c) you agree that TTT will not be liable for any losses incurred as a result of a third party’s actions; (d) you will use the Services for lawful purposes only and subject to these Terms; (e) any information, including documents, that you submit, upload, or send to TTT is true, accurate, and correct; and (f) you will not attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems, or networks under the control or responsibility of TTT through hacking, cracking, password mining, or any other unauthorized means.

20. Disclaimer of Warranties
THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND SERVICES ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TTT, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability
Under no circumstances shall TTT, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if TTT has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site or the Services (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site. TTT, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by TTT for the service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TTT has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages TTT’s liability in such jurisdictions shall be limited to the extent permitted by law.

22. Indemnity
You agree to defend, indemnify and hold TTT and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site and Service; or (b) violation of these Terms by you. TTT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TTT in asserting any available defenses.

23. International Use
Accessing the Site from territories where the content or materials on the Site are illegal is prohibited. You agree to comply will all applicable laws regarding the transmission of technical data exported from our servers and website, including but not limited to vacation, event, guided tours, and any other services and products offered on the Site (collectively, the “The Site”) to the country in which you reside.

24. Copyright Policy.
TTT respects the intellectual property rights of others and expects visitors to its Site to do the same. TTT will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to TTT using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

TTT reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. TTT may also terminate a User’s account or access to the Site if the user is determined to be a repeat infringer. TTT’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at info@tailoredtransferstours.com

25. Mandatory Arbitration, Waiver of Class Actions; Choice of Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
25.1 Scope. This Section 25 is intended to be interpreted broadly and governs any and all disputes between TTT and Users, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.

25.2 Pre-Arbitration Procedure. We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us at info@tailoredtransferstours.com before taking formal action in accordance with Paragraph 26.3. In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). TTT agrees to use reasonable efforts to address your issue or complaint.

25.3 Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules. In the Dutch Caribbean (Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba) the legal basis for arbitration can be found in Section 1020 of the Code of Civil Procedure. Every arbitration that takes place in one of the jurisdictions of the Dutch Caribbean is subject to the English version of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law. The authority as mentioned in Section 6 of the Model Law (i.e. the court or other authority for certain functions of arbitration assistance and supervision) is the Court of First Instance in the relevant Dutch Caribbean jurisdiction. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees charged by Court of First Instance, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization.

25.4 Class Action Waiver. You and TTT expressly waive the right to file a class action or seek relief on a class basis. YOU AND TTT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes

25.5 Intellectual Property Exclusion. Notwithstanding the parties’ decision to resolve all disputes through arbitration, TTT may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any country, state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.

25.6 Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.

25.7 Choice of Law. These Terms are governed by and construed in accordance with the laws of Dutch Caribbean Jurisdiction, without regard to its conflict of laws principles. Any action or proceeding by TTT to enforce these Terms under Section 26 shall be brought to Court of First Instance in the Dutch Caribbean of a foreign arbitral award will be subject to the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of New York, 1958. User irrevocably submits to the exclusive jurisdiction of such courts and waives the defense of inconvenient forum to the maintenance of any such action.

26. Modifications to Site and Services
TTT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, including the Services, with or without notice. You agree that TTT shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the services offered through it.

27. Severability and Integration
These Terms, along with TTT’s Privacy Policy, constitutes the entire agreement between you and TTT with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and TTT with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

28. Disclaimer of Services
While St. Maarten Sightseeing Tours (here TTT) makes every effort to provide on time service, it does not guarantee its departure and arrival times, which may be delayed by any number of factors, including weather, traffic or road conditions or any other cause or condition beyond TTT control. St. Maarten Sightseeing Tours reserves the right to cancel or change any tour advertised schedule or route without notice.

28.1 The Client (You) acknowledge that all tours may carry elements of risk, and your confirmation indicates your understanding of this and hold harmless the provider.

28.2 The Client (You) acknowledge that no refunds will be issued for client no shows, including missed transportation.

28.3 The Client (You) acknowledge that no charge back will be allowed on any credit card payments, your authorization to use your credit card number for deposit and or other payment indicates your compliance with our booking terms and conditions, whether you have actually signed the appropriate draft. Verbal authorization of your credit card confirms your reservation. 

Cancellation Policy

Payment for the tour is a fundamental part of the tour’s income and contributes to the overall cost of equipment, running costs, staffing, administration, etc. As TailoredTransfersTour will have incurred the majority of its costs before the tour starts, we need to impose cancellation charges to cover these costs.

Deposits are non-refundable. If you cancel your booking, we will impose cancellation charges as follows:

30 days or more prior to departure – No charge - (100%  refund)
15-29 days before departure – 20% of tour cost*
7-14 days before departure – 35% of tour cost*
3-6 days before departure – 50% of tour cost*
48 hours or fewer before departure – 100% of tour cost*
* or deposit if greater.

Tailor-made tours may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

All cancellations must be in writing and be made by the person who submitted the booking form. Please send an email to your contact at the Company, with a copy to info@tailoredtransferstours.com

Once the tour has started, no refund for any unused portion or part of the tour or services to be provided will be given. If you want to make any changes to the tour, or depart the tour early, such alteration or departure will be entirely at your own expense and liability. You will also need to communicate in writing to the tour operator your reason for leaving the tour.

Cancellation by the TailoredTransfersTour
We reserve the right to cancel the contract between us for any reason prior to your payment of the full price of the trip. In this case, we will refund in full any amount that you have already paid us. After you have paid in full, we will only cancel the contract if circumstances beyond our control make it unavoidable. Such circumstances include, but are not limited to, civil or political unrest, terrorism, natural disaster, or other force majeure circumstance. In the unlikely event that such circumstances arise, we will contact you immediately and offer you the choice of equivalent services or a full refund of all monies paid. No additional compensation will be paid over and above the total sum received from you.

Alteration of Itineraries
It is unlikely that TailoredTransfersTours will have to make changes to your tour. However, we may occasionally have to make changes either before or after you have booked. Most changes will be minor, and TailoredTransfersTours will advise you of them as soon as possible. The Company reserves the right to alter the itinerary after departure, without paying compensation, if it is in your interest to do so. Furthermore, TailoredTransfersTours will not pay compensation if it is forced to cancel or in any way change the tour due to force majeure, such as war, riots, civil strike, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, or other material external circumstances beyond the Company’s control.

Travel Insurance
TailoredTransfersTours is not responsible for unforeseen circumstances such as flight or train delays or cancellations; the failure of embassies or consulates to issue visas; the inaccessibility of certain tourist attractions due to the actions of government bodies; the actions or services of accommodation and other facilities visited during the tour; or incidents such as injury, illness, or loss of personal belongings.

Therefore, travel insurance is mandatory for all Clients. At the time of booking, each Client must arrange his or her own insurance with a reputable insurer, with protection for the full duration of the tour, to cover personal injury, medical expenses, repatriation expenses, loss of luggage, and the expenses associated with cancellation or curtailment of a tour.

If you become ill, all hospital expenses, doctor fees, and repatriation costs are your responsibility and TailoredTransfersTours shall not be liable for any refund of the tour cost.

Privacy Policy

National ordinance personal data protection (Landsverordening bescherming persoonsgegevens, National Gazette 2010, Consolidated text no. 2) “(National Ordinance Personal Data Protection”) General Data Protection Regulation (the “GDPR”) – a regulation of the European Union which became effective on May 25, 2018 – may have implications for a data controller / data processor as the extra-territorial reach of the GDPR is not only relevant to businesses established in the European Union but also to international businesses established in Sint Maarten which offer goods or services to individuals in the European Union or monitor their behavior in the European Union.

TailoredTransfersTours is committed to ensuring that your private information remains private. We have created this on-line privacy policy so that you can understand our continuing commitment to ensuring that your information remains secure and private.

These guidelines have been developed with the recognition that Internet technologies and legislation are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page.

What information does TailoredTransfersTours collect from me?
We collect information in several ways. When making information requests, we ask you for your name, e-mail address, phone number, address and other relevant information needed to make vacation and travel plans.

How does TailoredTransfersTours use my information?
In the case of requesting personal information, we will identify the purpose of use thereof and obtain such information only to the extent necessary for conducting business and through a lawful and reasonable manner and will use and/or provide such information only within the limits of the stated purposes.

With whom does TailoredTransfersTours share my information?
At TailoredTransfersTours, when you provide your personal information including name, address, phone number or e-mail address, this information is kept secured and is not divulged to any outside company for use in marketing or solicitation. TailoredTransfersToursr will not sell or rent your personally identifiable information at any time to any one.

What are the security policies of linked third-party sites?
This web site may contain links to other web sites. Please note that if you click on one of these links, you are moving to a third-party web site. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours. This privacy statement applies solely to information collected by this web site.

What else should I know about internet security?
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. We strive to protect your personal information. TailoredTransfersTours, however, cannot ensure or warrant the security of any information you transmit to us and any information you submit on-line is done voluntarily and at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. No personal information is stored on our website to further secure your personal information.

What is a cookie?
A cookie is a small data file that is stored locally on your computer that allows specific information to be saved and retrieved when the site requires it. Our web site does not employ cookie.

How do I contact TailoredTransfersTours?
Should you have other questions or concerns about this privacy policy or your electronic records maintained by TailoredTransfersTours, please contact us at info@tailoredtransferstours.com

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