Thank you for visiting the Floridadolphintours.com Website (“Website”). Please carefully review these terms and conditions (“Agreement”), as this constitutes an Agreement between you (the “Customer”) and Florida Dolphin Tours, Inc. (“FDT”). This Agreement governs your use of our Website and any purchases that you make utilizing the Website. By accessing or using this Website, you acknowledge that you have reviewed, understand, and consent to be bound by this Agreement. If you do not agree to the terms of this Agreement, then please exit the Website.
1. Purchase. Customer represents that if he/she purchases Tour/Activity (as hereinafter defined) from FDT that (i) any credit information Customer supplies is true and complete, (ii) charges incurred by Customer will be honored by Customer’s credit card company, and (iii) Customer will pay the charges incurred by Customer at the posted prices. Customer agrees that FDT has earned the full purchase price collected for processing Tour/Activity orders whether or not Customer redeems the Tour/Activity. Customer is responsible for and agrees to reimburse FDT for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by FDT (including without limitation costs and related expenses) that were caused by or arising out of payments that the Customer authorized and/or accepted.
2. Tickets. Telephone representatives are available Monday through Sunday to accept orders. Confirmation of orders will be sent via email. Customers should provide their contact information during the checkout process should any questions arise during the processing of any orders. Customers bear all responsibility for providing a current and accurate delivery address. Usually, all hard tickets will be provided by FDT on the day of the Tour/Activity. However, in certain cases such as SELECT rocket/shuttle launch or special event, FDT may choose to deliver tickets prior to the Tour/Activity. FDT shall determine, in its sole discretion, the method of delivering tickets, including without limitation registered mail, certified mail and/or couriers such as FedEx or UPS, which delivery shall be at Customers sole cost and expense. FDT does not deliver tickets to any hotels, motels or other transitory residence. No refunds or exchanges are allowed for lost deliveries resulting from an improper address. Customers agree to pay all costs to change a delivery address once the order is placed, and FDT will automatically charge you this amount without additional notification. FDT accepts no responsibility for lost or stolen tickets. For Tour/Activity and tickets with validity dates, tickets will not be replaced or exchanged prior to or after the expiration date or Tour/Activity date for any reason. Please note that some orders may require express shipping with a signature requirement to ensure a timely and secure delivery. FDT is not responsible for the actions of the US Postal Service, Federal Express or United Parcel Service.
3. Cancellation/Refunds/Exchanges. In order to offer the best prices as a result of our unique relationship with various partners, we unfortunately must follow strict refund policies and procedures:
a. With the exception of a rocket or a space shuttle launch, a Customer may cancel a Tour/Activity by delivering to FDT written notice of cancellation at least seven (7) days prior to such Tour/Activity, in which case FDT will refund to Customer one hundred percent (100%) of all amounts received by Customer for the cancelled Tour/Activity. If Customer delivers written notice to FDT to cancel a Tour/Activity less than seven (7) days but more than three (3) days prior to the scheduled Tour/Activity, FDT will refund seventy-five percent (75%) of all amounts received by Customer for the cancelled Tour/Activity. There shall be no refund for any Tour/Activity cancelled less than three (3) days prior to the scheduled Tour/Activity.
b. There are no refunds under any circumstances for the purchase of a rocket or a space shuttle launch Tour/Activity. In the event that a cancellation or delay occurs and is rescheduled to a time or date that falls outside of Customer’s available timeline to attend the launch attempt, no refund will be available. Kennedy Space Center is a working Space Launch facility. Tours/Activities may be altered or closed due to operational requirements. All launches are based on targeted/published launch dates. Launch dates are subject to change. It is the Customer’s responsibility to keep up to date with launch information. Due to the unpredictable nature of a space launch, dates cannot be guaranteed and the Tour/Activity will be subject to the following conditions:
i. Rocket and shuttle launch tickets are sold for a specific mission and cannot be transferred to any other space shuttle mission.
ii. If a rocket or shuttle launch attempt is canceled or delayed more than 24 hours prior to a scheduled Tour/Activity pick-up time, not the launch time of the space shuttle, then the Customer has a choice to (a) convert the Tour/Activity to the regularly scheduled FDT Kennedy Space Center Tour; or (b) reschedule (at no charge) for the next launch attempt of that mission only.
iii. If the Rocket or Space Shuttle Launch attempt is canceled or delayed less than 24 hours prior to scheduled Tour/Activity pick-up time, not the launch time of the space shuttle, then the Customer has a choice of (a) convert the Tour/Activity to the regularly scheduled FDT Kennedy Space Center Tour; or (b) reschedule at a cost of $50.00 per person rescheduling fee for the next launch attempt of that mission only. This fee is to cover the cost of transportation that has to be paid for in the event of cancellation within 24 hours of scheduled pickup time.
iv. Lost or stolen tickets MAY be able to be provided but at full retail cost to Customer at the sole discretion of Kennedy Space Center.
v. Regular Kennedy Space Center admission tickets are valid for entry to Kennedy Space Center for every mission launch attempt.
vi. VIP causeway viewing tickets (“LTT Tickets”) are valid for every mission launch attempt, provided that:
1. LTT are accompanied by the corresponding number of valid regular Kennedy Space Center admission tickets; and
2. LTT Tickets have not been collected by a member of Kennedy Space Center staff as part of the boarding process for a previous launch attempt; and
3. LTT Tickets have not been used towards the cost of food, concessions or gifts at the Kennedy Space Center.
vii. In the event of a cancelation or delay within the 24 hours prior to the scheduled pick-up time, Customer can ONLY reschedule the reservation at www.floridadolphintours.com.
viii. Customer must be in possession of proof of a valid rescheduled reservation in order to re-board FDT vehicles for the VERY NEXT launch attempt.
ix. Further terms and conditions may be posted on the shuttle launch webpage on this Website.
c. Weather, illness, or any other emergencies do not affect our no refund – no exchange policy.
d. In some circumstances a credit voucher may be offered to a Customer. If a Customer accepts the voucher and then disputes the charged amount, the credit voucher is rendered null and void. A credit voucher may be redeemed for one or more specific reservations only ONCE. After a credit voucher is converted into one or more specific Tour/Activity reservations, it may not subsequently be converted back into a credit voucher.
4. Services. The term Tour/Activity is used herein to refer to services, tours, tickets, transportation, performances, or activities that FDT offers (“Tour/Activity”). Duration of Tour/Activity hours is approximate. No smoking in Tour/Activity vehicles. FDT reserves the right to alter, modify, or cancel a Tour/Activity due to traffic, bad weather, unsafe conditions or at the request of governmental, park, and state agencies. Tour/Activity routes and content are subject to change without notice. Tours/Activity may not be driven in the order as described in the Tour/Activity descriptions. From time to time, some of the sights in Tour/Activity may not be available or seen. Only those items stated on the Website brochure page are included in the Tour/Activity. Only those items stated on the Website brochure page as included in the price of the Tour/Activity are included; any other items are additional. Meals, for example, are not included unless the brochure specifically states that the cost of the meal is included in the price of the Tour/Activity. Lodging, show, attraction, and other reservations in the Tour/Activity are subject to availability. For shows and events with seat assignments, all seat assignments are “best available general admission seats at time reservation is made.” FDT will forward any special request to the reservation department but absolutely no guarantees are made regarding actual seat assignments. It is impossible for FDT or any other vendor to guarantee specific seats. In the event that a specific show or attraction is not available during customer’s dates, FDT will contact Customer with alternative options. It is important to provide detailed contact information when placing the order so FDT may reach Customer with Customer’s alternative options. Special requests, such as smoking or non-smoking rooms and room types, cannot be guaranteed.
5. Right to Terminate. To the extent permitted by law, FDT reserves the right to revoke the rights granted herein and refund the purchase price of any Tour/Activity. FDT reserves the right to cancel or change Tour/Activity content and prices without prior notice. The information, products, and services published on this Website may include inaccuracies or typographical errors. In the event that Customer makes a booking on the Website and FDT later determines the product was inaccurately priced or inaccurately described, FDT shall have no obligation whatsoever to honor the booking and the booking may be declared null and void, and FDT shall refund any payment made by Customer. FDT may, solely at its discretion, offer Customer the product at the correct price or as correctly described. FDT reserves the right to cancel any transaction and refund any amounts paid by Customer for unused and cancelable services, tours, lodging, or attractions. In some instances, cancellation fees will apply.
6. Copyright, Website Contents, Ownership and Use Restrictions. The information contained in this Website including, without limitation, all images, illustrations, designs, text, photographs, video clips, writings and other materials that appear herein may be copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by FDT. Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of FDT or the applicable copyright owner. Please note that the permission granted herein terminates automatically if Customer breaches any of the terms of this Agreement. Any other use of the Contents on this Website including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of FDT, is strictly prohibited.
7. User Comments, Feedback, and Other Information Submissions. Customer agrees that any material, information, and ideas that Customer transmits to this Website or otherwise provides to FDT (“Transmissions”) shall be and remain FDT’s property. All Transmissions will be treated as non-confidential and non-proprietary and FDT shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, FDT shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. Customer further agrees that FDT may use information about Customer’s demographics and use of this Website in any manner that does not reveal Customer’s identity. In addition, Customer agrees, and is hereby put on notice, that Customer is prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. Customer is solely responsible for the content of any comments Customer makes.
8. Third-Party Content. Third party content may appear on the Website or may be accessible via links from the Website. FDT is not responsible for and assumes no liability for any content on any third party sites. Customer understands that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect FDT’s belief.
9. Third-Party Services. FDT may allow access to or advertise certain third-party product or service providers (“Suppliers”) from which Customer may purchase certain goods or services. Customer understands that FDT does not own, operate or control the products or services offered by Suppliers. Suppliers are responsible for their operations and customer service. Customer agrees that use or purchase of goods or services from Suppliers is at Customer’s sole risk and is without warranties of any kind by FDT, expressed, implied or otherwise including but not limited to warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is FDT liable for any damages arising from any interactions between Customer and Suppliers or for any information appearing on Supplier’s sites or any other site linked to the Website. By Customer’s purchase of any service or product provided by any Supplier through this Website, Customer expressly agrees that FDT is not responsible or liable for any act or omission by any such Supplier, and Customer expressly holds FDT harmless from any charge, claim or injury caused or allegedly caused any such act or omission.
10. Third-Party Links. In an attempt to provide increased value to FDT’s visitors, the Website may link to sites operated by third parties. FDT is not responsible for the content, accuracy or opinions express in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by FDT However, even if the third party is affiliated with FDT, FDT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FDT. Inclusion of any linked site on the Website does not imply approval or endorsement of the linked site by FDT. These linked sites are only for Customer’s convenience and therefore Customer accesses them at Customer’s own risk. Nonetheless, FDT seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only the Website, but for sites it links to as well (including if a specific link does not work).
11. Disclaimer of Warranty. FDT IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE OR AS TO THE OPERATION OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH FDT BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, FDT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
12. Limitation of Liability. IN NO EVENT SHALL FDT BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS WEBSITE. FDT SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) CUSTOMER’S USE OF THIS WEBSITE, (B) ANY SERVICES OR PRODUCTS OBTAINED FROM THIS WEBSITE, (C) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, (D) THE UNAVAILABILITY OR INTERRUPTION OF THIS WEBSITE OR ANY FEATURES THEREOF, OR (E) ANY CONTENT CONTAINED ON THIS WEBSITE.
13. Assumption of Risk. At FDT, we place our reputation on the line in guaranteeing that the Tour/Activity we sell on this Website are provided by reputable local operators, and that our Customers will receive excellent customer service, good value, and superior visitor experience. When Customer purchases a Tour/Activity from FDT, Customer is acknowledging and assuming all risks associated with participation in any or all of the activities associated with that Tour/Activity. Some Tour/Activity are inherently riskier than others, and while FDT has confirmed that the providers of tours represented through this Website provide an enjoyable, satisfying experience, FDT cannot guarantee Customer’s safety or be responsible for any damages suffered by Customer as a result of participating in any Tour/Activity purchased through FDT’s Website.
14. Indemnification. Customer agrees to indemnify, defend, and hold harmless FDT, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to Customer’s account (including negligent or wrongful conduct) by Customer or any other person accessing the Website using Customer’s internet account. All participants in Tour/Activity purchased through this Website are bound to, and deemed to have accepted these terms. By purchasing a Tour/Activity through FDT, Customer agrees to hold FDT harmless and to indemnify FDT for any claims made by any individual participating in such Tour/Activity pursuant to the tour package purchased by Customer.
15. Choice of Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transactions contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state court within Orange County, Florida. Customer hereby waives any objection Customer may have to personal jurisdiction in such courts. In the event Customer defaults on the terms of this Agreement, Customer agrees to pay to FDT all costs, fees, and expenses including, without limitation, reasonable attorney’s fees. Each party hereto expressly waives right to trial by jury and agrees to have any dispute hereunder heard by the court.
16. Entire Agreement/Errors, Corrections and Changes. This Agreement constitutes the entire understanding of the parties with regard to Customer’s purchase. All prior representations, oral or written, and all prior agreements, oral or written, are no longer valid. This Agreement represents the understanding between the Customer and FDT. FDT may revise this Agreement by updating the Website. If any segment of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect. By using this Website, Customer agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of the Agreement to which Customer is bound. FDT does not represent or warrant that the Website will be error-free. FDT may make changes to the features, functionality or content of the Website at any time. FDT reserves the right in FDT’s sole discretion to edit or delete any documents, information or other content appearing on the Website. Prices and promotions are subject to change without notice.
17. Drafting/Headers. This Agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Agreement or portion hereof. The language hereof shall not be construed for or against any party. The titles and headings herein are for reference purposes only, and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole.
18. Customer. The term Customer in these Terms and this Agreement refers to the person who placed the order with FDT and the person whose credit card was used to make the purchase.
19. Gratuity. Tour guide gratuity is at the Customer’s discretion and is not included.
20. Force Majeure. FDT is not responsible for delays or service interruption due to mechanical failure, accidents, traffic congestion, acts of God, acts of terrorism, or other circumstances beyond FDT’s control. FDT shall not be responsible for any breach of this Agreement caused in part or in whole for any reason outside the reasonable control of FDT.
21. Lost or Stolen Articles. FDT is not responsible for lost or stolen articles left on board any form of transportation, facility and/or location used on the Tour/Activity.
22. Notice. If notice is required, Customer agrees to notify FDT by mail at the address identified on the Website. Notice will be deemed given when received by FDT. FDT will not be liable for problems caused by misdirected or undelivered mail. FDT will direct all correspondence to Customer at the address provided by Customer unless Customer notifies FDT of a change of address seven (7) days prior to the mailing.
23. Advertisers. This Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. FDT is not responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor’s materials. FDT accepts advertising, provides Internet services for non-related entities, and provides information for parties interested in vacation travel. The acceptance of advertising, the provision of Internet services, and providing information IS NOT AN ENDORSEMENT of those entities to which such is provided. FDT takes no responsibility for any errors in information on this Website. Use the information provided on this site at Customer’s own risk and liability. Please always use common sense when completing any transactions, online or otherwise. Written permission is required to copy or publish any part of this Website.