TERMS & CONDITIONS

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:

• 21 days or more before the booking date: no cancellation fee

• 20 to 15 days before the booking date: 50% cancellation fee

• 14 days or less before the booking 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.

Optional refund protection can only be added within 24 hours after the booking was made, and only if the booking was made at least 72 hours before the scheduled start of the tour. For bookings made less than 72 hours before the tour starts, refund protection is not available.

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.

45. Tours Outside Florida – Booking Agent Only / No Liability

45.1 Scope. This Section applies to every tour, activity, transfer, ticket, accommodation or other travel service that takes place outside the State of Florida, including without limitation all services in New York City, Madeira, Hamburg, Sylt, Rome, Panama and San Francisco (“Non-Florida Services”). Only tours and services that take place within the State of Florida are operated by Banana Joe Tours itself.

45.2 Booking agent only. For all Non-Florida Services, Banana Joe Tours acts solely as a booking agent and seller of travel on behalf of independent third-party local tour operators, guides, transportation companies and other service providers (“Suppliers”). Banana Joe Tours is not the tour operator of these services and does not own, operate, manage, control or supervise any Supplier or its vehicles, vessels, equipment, premises, guides, drivers or staff. The contract for the performance of each Non-Florida Service is made directly between you and the respective Supplier. The use of the Banana Joe Tours name, logo or branding on websites, tour pages, vouchers, confirmations, vehicles or guides does not mean that Banana Joe Tours operates the service. The operating Supplier is named in your booking confirmation or voucher or will be disclosed to you upon request before the tour.

45.3 No liability. To the fullest extent permitted by applicable law, Banana Joe Tours and its owners, members, managers, employees and agents shall not be liable for any act, error, omission, negligence, breach, default or representation of any Supplier or its personnel, or for any personal injury, illness, death, property damage, loss, theft, accident, delay, cancellation, change, missed connection or any other loss, damage, cost or expense of any kind arising out of or in connection with any Non-Florida Service. This exclusion expressly includes claims based on the negligence of a Supplier or its personnel. It does not apply to the extent that a loss is caused by the gross negligence or intentional misconduct of Banana Joe Tours itself, or where liability cannot be excluded under applicable law.

45.4 Limited responsibility. The sole responsibility of Banana Joe Tours for Non-Florida Services is to pass your booking on to the Supplier with reasonable care. Any liability of Banana Joe Tours in connection with a Non-Florida Service that cannot be excluded is limited to the amount you paid to Banana Joe Tours for the affected service.

45.5 Supplier terms and claims. Non-Florida Services are subject to the terms and conditions and liability limitations of the respective Supplier and to the laws of the place where the service is performed. Complaints and claims concerning the performance of a Non-Florida Service must be directed to the Supplier.

45.6 Release and indemnity. By booking a Non-Florida Service, you release and hold harmless Banana Joe Tours and its owners, members, managers, employees and agents from all claims within the scope of Section 45.3, and you agree to indemnify them against any such claims brought by any person in your booking party.

45.7 Booking party. The person making the booking accepts this Section on behalf of all persons included in the booking and confirms that he or she is authorized to do so.

45.8 Precedence. This Section prevails over any conflicting statement in these Terms & Conditions, on this website, in tour descriptions, confirmations or advertising. All other limitations of liability, waivers and provisions of these Terms & Conditions (in particular Sections 15, 16, 20 and 39 to 43) apply in addition. For tours and services within the State of Florida, these Terms & Conditions apply unchanged.