Agreement between You (the “Customer”) and Banana Joe Tours
TERMS & CONDITIONS
Banana Joe Tours
1. Agreement Acceptance
By accessing this website, making a booking, or using any service provided or arranged by Banana Joe Tours, you (“Customer”, “you”) agree to be legally bound by these Terms & Conditions. This Agreement takes effect immediately.
2. Non-Acceptance
If you do not agree to be legally bound by all of these Terms & Conditions, you must not access or use bananajoetours.com or any services offered by Banana Joe Tours.
3. Changes to Terms & Conditions
Banana Joe Tours reserves the right to change or update these Terms & Conditions at any time by posting amendments on this website. Continued use of the website or services after such changes constitutes acceptance of the revised Terms.
4. Use of Website Content
All content on this website, including text, images, logos, URLs, pricing information, descriptions, and other materials, is the property of Banana Joe Tours or its licensors.
You may not copy, reproduce, republish, download, post, transmit, broadcast, scrape, automate, or otherwise use website content for commercial purposes without prior written consent. Personal, non-commercial use only is permitted.
5. Lawful Use
You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else’s use or enjoyment of the website.
6. Purpose of Use
This website may only be used for personal, non-commercial purposes and for making legitimate bookings.
You agree not to make speculative, false, or fraudulent reservations and not to use robots, bots, scraping tools, or automated means to access the website.
7. Booking, Amendments & Date Changes
Changes or amendments to confirmed bookings are permitted only if requested more than 48 hours prior to the scheduled tour date and are subject to availability.
Special events, attractions, theater, or show tickets cannot be modified or canceled once purchased. Additional changes may incur cancellation or amendment fees.
8. Cancellation Policy
Unless otherwise stated in writing, the following cancellation fees apply:
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21 days or more before the tour date: no cancellation fee
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20 to 15 days before the tour date: 50% cancellation fee
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14 days or less before the tour date or no-show: 100% cancellation fee
Attractions, tours, theater, or show tickets are non-refundable in all circumstances, except if canceled by the venue or supplier, in which case the ticket price will be refunded.
9. Responsibility for Cancellations
Banana Joe Tours is not responsible for any additional costs, arrangements, or losses affected by a cancellation, whether initiated by the Customer, a supplier, or Banana Joe Tours.
10. Supplier Changes
Suppliers may change prices, inclusions, schedules, or availability at any time. Banana Joe Tours reserves the right to cancel, substitute, or modify any tour, service, ticket, or product for operational, safety, or logistical reasons.
11. Pricing
All prices are listed per person unless otherwise stated and are in United States Dollars (USD). Prices are subject to change until a booking has been confirmed.
12. Payment
Full payment is required at the time of booking. Credit card processing fees may apply.
13. No Refunds After Commencement
No refunds are available once a tour, activity, or service has commenced or for any portion of a package, accommodation, meals, transportation, or services already used.
14. Vouchers
A voucher will be issued for each booking. The original, valid voucher must be presented to the service provider. Photo identification and signature may be required for security and fraud prevention.
15. Limitation of Liability
To the fullest extent permitted by law, Banana Joe Tours shall not be liable for indirect, incidental, consequential, special, or exemplary damages, including loss of enjoyment, profits, or personal property.
16. Unforeseen Circumstances
Banana Joe Tours accepts no responsibility for events beyond its control, including but not limited to illness, weather conditions, mechanical failure, acts of war or terrorism, government actions, or natural disasters.
17. Content Disclaimer
All information on this website is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, including accuracy, availability, or completeness.
18. Website Functionality
Banana Joe Tours does not guarantee uninterrupted or error-free operation of this website.
19. Tour Duration & Punctuality
Tour durations are approximate and may vary due to traffic, routing, weather, or operational factors.
Customers must be ready at least 10 minutes prior to the scheduled pick-up time. On-time arrival is not guaranteed.
20. Assumption of Risk
Tours and activities involve inherent risks, including transportation, wildlife, water activities, and outdoor environments. You voluntarily assume all risks associated with participation.
21. No Smoking
Smoking is strictly prohibited in all vehicles and aircraft used during tours or activities.
22. Tour Guide Gratuity
Gratuities are discretionary and not included in the tour price.
23. Tour Alterations
Banana Joe Tours reserves the right to alter, modify, or cancel tours due to weather, traffic, safety concerns, or operational requirements.
24. Tour Content & Pricing Changes
Tour routes, content, schedules, and prices may change without prior notice.
25. Inclusions
Only items explicitly listed on the tour description page are included. Meals or additional services are excluded unless specifically stated.
26. Delays & Lost Articles
Banana Joe Tours is not responsible for delays, service interruptions, or for lost, stolen, or damaged personal belongings.
27. Ticket Validity
Tickets and vouchers are valid only for the specified date and time and become void if not used accordingly.
28. Credit Vouchers
Credit vouchers may be issued at Banana Joe Tours’ discretion. Vouchers are subject to specific terms, are non-transferable, and may only be redeemed once. Acceptance may waive further claims.
29. Availability
All accommodations, tours, attractions, and services are subject to availability.
30. Product Accuracy
In the event of inaccuracies, Banana Joe Tours may offer a refund or provide the correct product at the correct price.
31. Management Rights
Management reserves the right, to the extent permitted by law, to revoke participation rights and refund the purchase price.
32. Large Group & Cruise Ship Bookings
For cruise ship bookings, port pickups, or large group reservations, Banana Joe Tours may utilize larger vehicles such as motorcoaches.
While tours are generally designed for small groups using vans or mini-buses, larger vehicles may be required when language-specific guides are requested due to limited availability.
33. Final Sales
All tour sales are final and non-refundable unless explicitly stated otherwise.
34. Vehicle Variations
Vehicles used may differ from images displayed on the website.
35. Photography & Video Release
By participating, you grant Banana Joe Tours an irrevocable, perpetual, worldwide, royalty-free right to use photographs or video recordings taken during tours for marketing and promotional purposes without compensation.
36. Pick-Up Policy
Pick-up is available only at hotels or private residences within designated pick-up areas.
Certain Miami Beach locations are restricted due to local regulations; alternative meeting points will be arranged if necessary.
Pick-up times are communicated by the guide via email the afternoon prior to the tour.
37. Weather Conditions
Unpredictable weather is common in South Florida. Tours operate rain or shine unless conditions are deemed unsafe.
38. Insurance
Travel and tour insurance is recommended and may be booked separately upon request.
39. Governing Law & Venue
These Terms & Conditions shall be governed by the laws of the State of Florida.
Any disputes shall be brought exclusively in Miami-Dade County, Florida.
40. Class Action Waiver
You agree to bring claims only in your individual capacity and waive the right to participate in any class or representative action.
41. Severability
If any provision is found invalid, the remaining provisions shall remain in full force and effect.
42. Entire Agreement
These Terms & Conditions constitute the entire agreement between the Customer and Banana Joe Tours and supersede all prior communications or agreements.
43. Survival
All liability limitations, waivers, indemnities, and governing law provisions survive the completion of the tour.
44. Right to Modify Policy
Banana Joe Tours reserves the right to modify this policy at any time. Significant changes may be communicated via email. Continued use constitutes acceptance.
