TERMS OF USE

Welcome to GM Tours Jamaica website (the "Website"). This Website is provided solely to assist customers in gathering tours and excursions related information, determining the availability of tours and excursions, making legitimate reservations and for no other purposes.

This page states the Terms under which you may use this Website. Please read this page carefully. If you do not accept the Terms of Usage stated here, please do not use the Website. GM Tours Jamaica reserves the right at any time, at our sole discretion; to change or otherwise modify these Terms without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified contents.

IMPORTANT: THESE TERMS AND CONDITIONS APPLY IN RELATION TO EXCURSIONS, TOUR OPERATORS, AND OTHER SERVICES FOR YOU AND ANYONE TRAVELING WITH OR THROUGH YOU (COLLECTIVELY AND INDIVIDUALLY "GUEST") AND MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TICKETS OR VOUCHERS AND PURCHASE FROM GM TOURS JAMAICA CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "CONTRACT").

CONTENTS OF THIS SITE

While we strive to always provide the latest information and details about our product offerings on this Website, information presented here is subject to change and is not guaranteed to be free from errors. Contents of this Website only apply to Tours and Excursions located in the Destinations in which we operate.

All prices listed in this Website are in U.S. Dollars, unless otherwise specified. Promotions listed in this Website can be changed or withdrawn at any time.

CANCELLATION POLICY

Flexible: Full refund within a limited period

For cancellations by Guests, cancellation charges depend on when GM Tours Jamaica receives notice of the cancellation. Minimum cancellation charges are as follows:

Hotel Guests:

24 hours or less: No Refund

48 hours or less: 50% Cancellation Fee

96 hours or less: 25% Cancellation Fee

96+ hours: Full Refund

Group Reservations:

60 days prior to tour date: Full Refund

45 days prior to tour date: 50% Cancellation Fee

30 days prior to tour date: 75% Cancellation fee

Less than 30 days prior to tour date: No Refund

All cancellations of, or changes are subject to applicable restrictions. GM Tours Jamaica will apply any payments made toward the purchase price against any cancellation charges and will refund any balance remaining after the payment of any charges. In order to receive a refund, if applicable, client must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges. NO REFUNDS OR ADJUSTMENTS WILL BE MADE FOR ANY PORTION OF TOUR OR ATTENDANT SERVICES NOT UTILIZED.

Refund Policy:
No refunds or adjustments will be made for any portion of your tour not utilized.

Changes to Reservations:
All requested changes to reservations are subject to gm tours' sole discretion, and any changes must be approved in writing.

Changes are subject to all applicable fees, and charges. Guests wishing to make a change, please call 1.876.304.3621.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

BANK & CREDIT CARD FEES

Some banks and credit cards impose fees for cross-border transactions. By reserving your tour and excursion on this website, you may see an additional cost/fee appearing on your credit card statement. This fee is solely determined by your Bank and/or Credit Card Company and GM Tours Jamaica takes no responsibility for these associated costs. If you have any questions about these types of fees applied to your reservation, please contact your bank directly.

PRIVACY POLICY

This privacy statement covers gmtoursjamaica.com and websites operated by GM Tours Jamaica. We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read this policy to learn about our privacy practices. By visiting this Website, you are accepting the practices described herein.

INFORMATION COLLECTION
GM Tours Jamaica is the sole owner of the information collected on GMToursJamaica.com and its affiliate's websites. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and email addresses, fax number, and billing information (such as credit card number, cardholder name, and expiration date). You can choose not to provide information to us, but in general some information about you is required in order for you to book a tour/excursion; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.

LEGAL OBLIGATIONS
GM Tours Jamaica may be required by law to disclose information you have provided in obtaining its travel products or services. GM Tours Jamaica may also disclose information against someone who poses a threat to its interests (such as customer fraud) or whose activities could bring harm to others. In addition, it may be necessary for GM Tours Jamaica to provide customer information to third parties, such as credit card companies, for the purpose of resolving disputes that arise in the normal course of business.

YOUR CHOICES WITH RESPECT TO COLLECTION & USE OF INFORMATION
As discussed above, you can choose not to provide us with any information, although it may be needed to book a tour/excursion or to take advantage of certain features offered on this website.

We also provide various ways for you to 'opt-out' of receiving additional information from us. These are offered at the time you provide us your information, when you receive an e-correspondence and/or by sending an email to [email protected]. If you do not wish to continue receiving any online promotional communications from GM Tours Jamaica, such as e-mail or online newsletters, you can opt-out of receiving these communications by clicking on the unsubscribe link located at the bottom of the e-correspondence received.

COOKIES & OTHER WEB TECHNOLOGIES
Cookies: A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our website. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

You can always choose to not receive a cookie file by enabling your Web browser to refuse cookies or prompt you before accepting a cookie. Be advised that, by refusing to accept a cookie, you will not be able to access some of our tours and excursions tools offered by this Web site.

COMPUTER INFORMATION
GM Tours Jamaica collects certain technical information from your computer each time you request a page during a visit to the Web site. This information is collected from your computer's Web browser and may include your IP address, operating system, Web browser software (i.e. Netscape Navigator or Internet Explorer), and referrer Web site. We also may collect information about your online activity, such as tours viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.

Wireless users: Please check with your wireless company if you are using your cellular phone to access the Internet to understand whether your information may be collected and thus may be used to identify you.

HOW WE PROTECT YOUR INFORMATION
We want you to feel confident about using this website to reserve your tours and excursions, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

COPYRIGHT
All material contained within this website is the sole property of GM Tours Jamaica and cannot be used, reproduced, copied or modified, in its entirely or in part, without prior consent by an authorized agent of GM Tours Jamaica.

REVIEWS, COMMENTS & OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any tour and excursion reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant GM Tours Jamaica, and its subsidiaries and corporate affiliates and the affiliated, co-branded and/or linked website partners through whom we provide service , a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that GM Tours Jamaica may choose to provide attribution of your comments or reviews at our discretion, and that such submissions may be shared with our partners. You further grant GM Tours Jamaica the right to pursue at law any person or entity that violates your or GM Tours Jamaica’ rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that GM Tours Jamaica may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

MODIFICATION OF THESE TERMS & CONDITIONS

GM Tours Jamaica reserves the right to change the terms, conditions, and notices under which this Website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Website and facilities offered by GM Tours Jamaica.

TAKE NOTICE

Some tours are physically demanding and are not suitable for the infirm, individuals with heart condition, women who are pregnant or the physically challenged. Tour times and dates may vary based on volume or availability. To the exclusion of tours identified at www.gmtoursjamaica.com as being owned by GM Tours Jamaica, there exists no relationship of master and servant or of agency between the Operators of tours and either GM Tours Jamaica, or the hotel. GM Tours Jamaica, and the hotel, do not operate the tours, and for these purposes, the Operators of tours are independent contractors. The Operators of tours are solely responsible for their acts and omissions and GM Tours Jamaica, and the hotel, assume no responsibility for such acts and omissions, or for any injury, loss, damage, sickness or accidents sustained on any of the tours offered for sale , including but not limited to any that occur on and/or during the tour, as well as before and after as part of and/or during transport to/from the tour ‐ again, to the exclusion of tours identified as being owned by GM Tours Jamaica. Without any exclusion, however, GM Tours Jamaica, and the hotel, shall not assume any responsibility for injury, loss or damage to any person that voluntarily participates in cliff diving at any location, including but not limited to Dunn's River Falls or Rick's Café, and/or to any person who voluntarily stops as part of and/or during transport to/from a tour at an unintended destination, meaning one that is separate and apart from the scheduled tour and/or destination. Individuals proceeding in such manner assume any and all responsibility and risk, as this is not a recommended activity. GM Tours Jamaica, and the hotel, in addition shall not assume any responsibility for the loss or damage to money, jewelry, clothing or other valuables that have not been tendered to Management for safe keeping. Please note, for your safety, Guest will not be allowed to participate in helicopter tours and/or transfers if they have undertaken any diving exercise within 24hrs prior to departure of said tour/transfer.

LIMITATION OF DAMAGES

Guest HEREBY ACKNOWLEDGES AND AGREES that GM Tours Jamaica, and the hotel, their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents or representatives, SHALL NOT BE LIABLE to Guest for liabilities, claims, actions, damages, cost or expense in any circumstances, for: (A) ANY PERSONAL INJURIES OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY Guest(s) and/or Operators of tours, excluding tours identified as being owned by GM Tours Jamaica; (B) EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND; OR (C) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. This specifically includes but is not limited to liabilities, claims, actions, damages, cost or expense ARISING OUT OF OR CAUSED BY food or drink consumed at third party facilities belonging to third party Operators of tours.

SPECIAL REQUESTS

GM Tours Jamaica cannot guarantee that it will satisfy special requests and we are not responsible if such requests are not met.

PERSONS WITH DISABILITIES

Persons with Disabilities: GM Tours Jamaica cannot guarantee that transfer vehicles or tour sites are wheelchair accessible. However, if informed, we will endeavor to make the necessary arrangements. This may however come at an additional cost.

VENUE AND CHOICE OF LAW

ALL CLAIMS WHATSOEVER AGAINST GM TOURS JAMAICA, ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE CONTRACT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COUNTRY IN WHICH THE EXCURSION AND/OR TOUR IS OPERATED, AND SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE EXCURSION AND/OR TOUR IS OPERATED WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.

USE OF GUEST'S LIKENESS

The undersigned Guest(s) irrevocably consents to and authorizes the use and reproduction by GM Tours Jamaica, or anyone authorized by GM Tours Jamaica, of any and all photographic, video and other visual portrayal(s) of the undersigned Guest(s), their child or ward, for any purpose whatsoever, including but not limited to use in magazines, brochures, flyers, television, internet, and websites displays without further reference or compensation. All rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of GM Tours Jamaica, or anyone authorized by GM Tours Jamaica, free from any claims by the undersigned Guest(s) and or any person deriving any rights or interest from such Guest, AND each undersigned Guest(s) UNDERSTANDS AND HEREBY KNOWINGLY AND VOLUNTARILY SO AGREES.

COMPLIANCE WITH LOCAL LAW

Guest is responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither GM Tours Jamaica, nor any Tour Supplier, nor the hotel, has any duty to inform or warn Guest about the destination's laws and/or regulations.

GENERAL

This agreement is governed by the laws of Jamaica. You hereby consent to the exclusive jurisdiction and venue of courts in Jamaica, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GM Tours Jamaica as a result of this agreement or use of this Web site.

Performance of this agreement by GM Tours Jamaica is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by GM Tours Jamaica with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.