Book online, stop by our store, or call us today!

Call us +1 808 924 4474

Call us daily, 9AM-6PM HST

SHAKA TOURS
2463 Kuhio Avenue
Honolulu, HI 96815

Terms of Use

SHAKA TOURS, LLC
TERMS, CONDITIONS AND NOTICES

Agreement Between Customer And Shaka Tours

This website is offered to you, the customer, conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using this website in any manner, you agree to be bound by this Agreement and subject to all such terms, conditions, and notices. To the extent you book any products or services on this website or through our call center agents, you agree that this Agreement shall apply to all such transactions. Please read this Agreement carefully. If you do not accept all of the terms and conditions contained herein, please do not use this website or make bookings through our call center agents. We reserve the right to change or otherwise modify this Agreement at any time, at our sole discretion, without prior notice, and your continued use or access of this website signifies your acceptance of the modified Agreement.

Use Of This Website

As a condition to the use of this website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to enter into this Agreement;
  3. you will use this website in accordance with all terms and conditions contained in this Agreement;
  4. you will only use this website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the terms and conditions that apply to the reservations that you have made on their behalf, including all rules and restrictions applicable thereto;
  6. you agree to be financially responsible for use of this website (as well as for use of your account by others, including, without limitation, minors living with you) by any and all users you designate;
  7. all information supplied by you, members of your household, or user acting on your behalf on this website is true, accurate, current and complete; and
  8. you shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed on your behalf, whether or not such uses were performed with your consent.

Separate terms and conditions will apply to your reservation and purchase of tour-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Shaka Tours, LLC debiting your account for any costs Shaka Tours, LLC incurs as a result of such violation.

Prohibited Activities

The content and information on this website (including, without limitation, description, price and availability of tour and charter services), as well as the infrastructure used to provide such content and information, is proprietary to Shaka Tours, LLC or its suppliers and providers. While you may make limited copies of your tour documents for tour or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. Without limitation, you additionally agree NOT to:

  1. use this website or its contents or information for any commercial or non-personal purpose (direct or indirect);
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  4. deep-link to any portion of this website for any purpose without our express written permission;
  5. “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;
  6. access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; nor
  7. violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website.

We retain the right, at our sole discretion, to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Privacy Policy

Shaka Tours, LLC believes in protecting your privacy. Please click here to review our current Privacy Policy.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING AND TYPOGRAPHICAL ERRORS. IN PARTICULAR, SHAKA TOURS, LLC AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TOURS, AIR, AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, WEATHER, ETC.). IN ADDITION, SHAKA TOURS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS RESERVE THE RIGHT TO MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

SHAKA TOURS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SHAKA TOURS, LLC OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARAE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SHAKA TOURS, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM SHAKA TOURS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHAKA TOURS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE CARRIERS AND OTHER SUPPLIERS PROVIDING TOUR OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SHAKA TOURS, LLC OR ITS AFFILIATES. SHAKA TOURS, LLC AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SHAKA TOURS, LLC AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL SHAKA TOURS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SHAKA TOURS, LLC, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cancellation Policy

A Cancellation Service Fee of 5% is applied to all cancellations. “No Shows” and Cancellations made within 24 hours prior to tour/activity (48 hours for any Sea Life Park, Honolulu Soaring, Aloha Golf, or Kos Tours activity, 72 hours for Makani Kai Helicopters, no refunds for activities from 955-FISH) are subject to 100% charge. A full refund will be given should the tour/activity be cancelled by the activity provider.

Tours and activities involving airfare are non-refundable, non-transferable, and non-changeable.

Group cancellations (group size varies depending on activity) require 72 hours advanced notice to avoid full-charge (7 days for Wet’n’Wild with a non-refundable 50% deposit)

HPU Events assessed 10% cancellation fee. No refund if within 72 hours of activity.

Indemnification

You agree to defend and indemnify Shaka Tours, LLC, its Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind of nature including but not limited to reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above, or by third parties as a result of:

  1. your breach of this Agreement or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this website.

Links To Third-Party Sites

This website may contain hyperlinks to websites operated by parties other than Shaka Tours, LLC. Such hyperlinks are provided for your reference only. Shaka Tours, LLC does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Currency Converter

If a currency convertor is available on the website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Shaka Tours, LLC, its affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

Bank and Credit Card Fees

Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Reviews, Comments, And 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 reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Shaka Tours, LLC, and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable 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 Shaka Tours, LLC may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a tour review that you submit) at our discretion, and that such Submissions may be shared with our supplier partners. You further grant Shaka Tours, LLC the right to pursue at law any person or entity that violates your or Shaka Tours, LLC’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. Shaka Tours, LLC takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Shaka Tours, LLC has 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 Shaka Tours, LLC may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Copyright And Trademark Notices

All contents of this website are: © 2011 Shaka Tours, LLC, 2463 Kuhio Ave, Honolulu, HI 96815 USA. All rights reserved. Other logos, products and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at: messedwithourlogo@shakatourshawaii.com.

Modification Of These Terms And Conditions

Shaka Tours, LLC 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 Shaka Tours, LLC’s website and facilities.

General

This website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Honolulu, Hawaii, USA, 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 Shaka Tours, LLC as a result of this Agreement or use of this website.

Shaka Tours, LLC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid, illegal or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Shaka Tours, LLC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Shaka Tours, LLC with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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

Any rights not expressly granted herein are reserved.

Registrations

Shaka Tours, LLC is fully licensed to do business in the State of Hawaii:

Travel Agency Registration License #: TAR 6752

Activity Desk License #: AD1003