Fun Run Buggies

Terms and conditions​

 

  The information, data, and materials contained in this Website [www.funrunbuggies.com] have been prepared for the purpose of providing information about the companies through which Fun Run Buggies operates locally in each jurisdiction and through which services and assistance is provided (each and/or collectively, as the case may be, “Fun Run Buggies”). Fun Run Buggies, its subsidiaries, and partners have established some terms and conditions applicable to the services that they offer (the “Services”).

This Website and the corresponding services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms and Conditions”). By using the Website or receiving the services provided by and/or purchased from Fun Run Buggies in any country, even if the purchased services are provided by a third party (the “Services”), you agree to be bound by these Terms and Conditions and we therefore encourage you to read the Terms and Conditions in full. If you do not agree to these Terms and Conditions, please do not use the Website. Please also see our Privacy notice which explains how we treat your information.

1. YOUR USE OF THE WEBSITE AND/OR THE SERVICES
To be eligible to enter into the Terms and Conditions, You (the “User” and/or “Client” and/or “Consumer”) agree:

1.1 to abide by all applicable laws, regulations, and codes of conduct when using the Website and/or the Services and to be solely responsible for all things arising from your use of the Website and/or the Services. This includes all of the applicable codes of conduct, whether private or issued by the local authorities, for the venues or locations you may visit as part of your excursion or activity;

1.2 not to use the Website or the information, data, or intellectual property contained therein, in any way which might infringe any rights of any third party or give rise to a legal claim against Fun Run Buggies by any third party;

1.3 Not to damage, interfere with, or disrupt access to the Website or do anything that may interrupt or impair its functionality;

1.4 not to obtain or attempt to obtain unauthorized access, through whatever means, to the Website or other services or computer systems or areas of our, or any of our partners’, networks which are identified as restricted;

1.5 not to collect or store personal data about other users for commercial purposes;

1.6 to respect the privacy of your fellow Internet users;

1.7 to provide true, accurate, complete, and current information to us and notify us immediately of any change.

1.8 that by hiring any Service through Fun Run Buggies, the Client, and all companions agree to be bound and comply with all provisions set forth in this Terms and Conditions

1.9 are at least eighteen (18) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country where the Service is made available to you.

2. CONTENT
2.2 The information, materials, and content (altogether the “Content”) provided to you on the Website is solely for your personal non-commercial use and you agree not for yourself or through any third party to distribute or commercially exploit all or any part of the Content.

2.3 All Content (including, but not limited to articles, comments, features, photographs, images, brands, logos, illustrations, audio clips, and video clips, as well as all products, software, technology, or processes described in this Website are protected by copyright, trademarks, service marks and/or other intellectual property rights and laws and all Rights in relation to the Website are and shall remain owned or controlled by Fun Run Buggies, or as appropriate, the third party Rights owner. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Website.

2.4 Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use, deal with, or copy in any way in part or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited.

3. SERVICES
3.1 All activities and excursions are hired through Fun Run Buggies, but provided by local independent third-party suppliers not related to or controlled by Fun Run Buggies in any manner whatsoever; some excursions require physical activity and involve some degree of risk. It is Client’s sole responsibility to confirm he/she has the proper and necessary age, physical, and health conditions to participate in all activities.

3.2 Fun Run Buggies does not assume or accept responsibility for and expressly disclaims liability for any refunds, losses, or damages arising from bodily injury,

property, or other damages, delay inconvenience, or irregularity incurred or occurred during the activity or excursion hired by Client.

3.3 By purchasing and/or participating in any activity or excursion, you and your companions assume all risk of bodily injury, loss, or damage to yourself or any of your possessions, expressly releasing Fun Run Buggies of any claim or responsibility related with the above.

Understood, here’s the continuation and completion of the document with all references to the original company replaced with Fun Run Buggies’ information:

Additional terms and conditions may apply to your reservation and purchase of your excursion or activity. Please read any additional terms and conditions provided to you carefully. You agree to abide by the terms and conditions of purchase imposed by any of the independent third-party suppliers with whom you elect to deal, including, but not limited to, payment of any extra amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.

You acknowledge that some of your excursions or activities may require you to sign a liability waiver prior to participating in them. You understand that any violation of any of the independent third-party suppliers’s rules and restrictions may result in the cancellation of your reservation(s), in your being denied access to your activity or excursion, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
This Website from time to time contains links to other related World Wide Web Internet sites, resources, and sponsors of this Website. Since Fun Run Buggies does not approve, check, edit, vet, or endorse such sites, you agree that Fun Run Buggies is not responsible or liable in any way for the content, advertising, or products available from such sites or any dealings that you may have, or the consequences of such dealings, with the operators of such sites. You agree that any dealings you have with such third-party site operators shall be on the terms and conditions (if any) of the third-party site operator and should direct any concerns regarding any external link to the site administrator or Webmaster of such site. Fun Run Buggies makes no representations nor does it take any responsibility in relation to the content of any sites accessed through these links.

5. CHANGES TO TERMS AND CONDITIONS
Fun Run Buggies may from time to time change, alter, adapt, add, or remove portions of these Terms and Conditions and, if it does so, will post any such changes on this Website. Your continued use of the Website after such changes constitutes your acceptance of those changes.

6. NO WARRANTIES
6.1 The Website and the Services are provided “as is” without any representations or warranties (either express or implied), including but not limited to any implied warranties or implied terms of reliability, quality, functionality, absence of contaminants (including viruses, worms, trojan horses or similar), availability, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

6.2 While Fun Run Buggies uses reasonable efforts to include accurate and up-to-date information on the Website and the Services, it makes no warranties or representations as to its accuracy or completeness. Fun Run Buggies is not responsible for any errors or omissions or for the results. The information provided does not constitute any form of advice, recommendation, or arrangement by Fun Run Buggies or its affiliates or any other party involved in the Website or the Services and is not intended to be relied upon by users in making (or refraining from making) any decisions. You must make your own decisions on whether or not to rely on any information. The information, data, and materials contained in this Website may include inaccuracies or errors, including pricing errors. Fun Run Buggies does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to the information and description of the information, data, and materials contained in this Website (including, without limitation, the pricing, photographs, list of activities, excursions, etc.). Fun Run Buggies expressly reserves the right to correct any pricing errors on the Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

6.3 While Fun Run Buggies takes all reasonable steps to ensure a fast and reliable service it will not be held responsible for the security of the Website and on the activities booked through the Services or for any disruption or incident caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you obtain, upload on to, or access from the Website or as part of the Services and you will indemnify Fun Run Buggies in the manner set out in paragraph 9.2 below in the Terms and Conditions in relation to your accessing or uploading.

7. CHANGES TO WE

WEBSITE AND SERVICES
Fun Run Buggies may also change, suspend, or discontinue any aspect of the Website and the Services, including the availability of any features, activities, information, database, or content, at its discretion without notice or liability.

8. LIABILITY FOR LOSSES/INDEMNITY
8.1 By accessing this Website or hiring any Services you agree that Fun Run Buggies will not be held liable to you or any third party for any direct, indirect, special, consequential, or any other loss or damage arising from the use of or inability to use the Website or from your access of other material on the internet via web links from this Website or how the activities hired through the Services were rendered by local service providers or any circumstance related with the same.

8.2 Client agrees to indemnify, keep indemnified, defend, and hold harmless Fun Run Buggies and its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, owners, agents, information providers, and licensors (collectively the “Indemnified Party”) from and against any and all claims, damages, liability, losses, costs, and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from activities hired through the Services and your use of, connection with or conduct on the Website or any breach by you of these Terms and Conditions. Fun Run Buggies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

8.3 The Client agrees to defend and indemnify Fun Run Buggies 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 or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) the Client’s breach of these Terms and Conditions or any local terms and conditions as referenced herein; (ii) the Client’s violation of any law or the rights of a third party; or (iii) the Client’s use of the Website.

9. EXCLUSIONS
The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.

10. LEGAL JURISDICTION AND APPLICABLE LAW
Fun Run Buggies provides Services in different jurisdictions. These Terms and Conditions as well as the Services and the use of this Website shall be governed in accordance with the laws of the country in which the Services were hired and rendered, as the case may be. The user is deemed to hereby submit and agree to the exclusive jurisdiction of the courts of the country and domicile of the Fun Run Buggies local company that provided the Services, in respect of any disputes arising out of or in connection with the Services, and this Web Site, so the user expressly waives any jurisdiction that may correspond by reason of his present and future domicile.

11. LIABILITY FROM SERVICES RENDERED BY THIRD PARTIES
11.1 Online Booking of Independent Third-Party Suppliers: The local suppliers providing services are independent third-party suppliers and not agents or employees of Fun Run Buggies. Fun Run Buggies is 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. Fun Run Buggies has 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 expenses, omissions, delays, re-routing or acts of any government or authority. The purchaser of the excursions here provided shall be deemed to have waived any claims against and agrees to hold Fun Run Buggies harmless in connection with the excursions and ground transportation purchased.

11.2 Products, services, excursions, or ground transportation for which booking services may be requested involve activities that may involve risk. The consumer of these Service assumes the risk inherent in all such activities. By accepting these services, the Client agrees that Fun Run Buggies is not responsible for losses or damages including bodily injury, property damage, or economic loss incurred while participating in the activity for which booking services are provided.

11.3 Excursions and ground transportations may be subject to change without notice. Fun Run Buggies provides access to the very best excursions operated by the most reliable vendors in cooperation with independent destination management companies operating in each destiny. Excursions and ground transportations are operated by local third party vendors in cooperation, for which Fun Run Buggies is not responsible. Some excursions require physical activity. Please consider the nature of the excursion to make sure it is appropriate for your age and physical condition.

11.4 All excursions and ground transportation are hired through Fun Run Buggies, an independent destination management company, not controlled or related to Fun Run Buggies; therefore, Fun Run Buggies shall not be responsible for any circumstance occurred during the activities provided by Fun Run Buggies or any local provider hired by it.

11.5 In no event shall Fun Run Buggies 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 the Website or with the delay or inability to access, display or use the Website (including, but not limited to, your reliance upon the highlights or descriptions appearing on the Website; any computer viruses, information, software, linked sites, products and services obtaining 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, consumer protection statutes, or otherwise, and even if Fun Run Buggies and/or their respective suppliers have been advised of the possibility of such damages.

11.6 Nonetheless, If, despite the limitation contained herein, Fun Run Buggies or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Fun Run Buggies and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Fun Run Buggies in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions inure to the benefit of Fun Run Buggies, and/or their respective suppliers.

12. PROTECTION PLUS
Protection Plus is an insurance supplement to your personal travel insurance. Protection Plus provides basic personal coverage in case of an accident that may occur during an excursion booked through Fun Run Buggies. The policy includes limited financial reimbursement for ambulance, medical coverage, accidental death, and repatriation. Protection Plus is contracted through established insurance companies in the destination. By not acquiring any Protection Plus plan, Client is waiving any right to claim any damages, costs, or expenses of any nature, including medical expenses (other than as expressly described herein), that arose as a consequence of any circumstance or incident related with the Services and the related activities.

13. CONDITIONS OF CONTRACT OF ONLINE BOOKINGS
Fun Run Buggies and all local suppliers reserve the right to cancel, shorten, or alter the excursion due to circumstances outside of their control, including any force majeure. In the event of such an occurrence, a full or partial refund may be applicable, however, the Consumer hereby waives any claim against Fun Run Buggies, or the service supplier for any consequential damages arising as a result thereof.

14. REFUNDS, CANCELLATIONS AND CHANGES
All services can be canceled or changed free of charge up to 4 pm the day before a confirmed reservation date subject to availability, limitations, restrictions, and fees imposed by Fun Run Buggies and its third-party suppliers. Significant penalties (i.e. nonrefundable or nontransferable tickets and fees) may apply for private excursions, shows, special events or special offers and promotions. Please read the specific terms and conditions of each in your booking confirmation.

15. TERMINATION AND SUSPENSION
Fun Run Buggies (and any persons authorized by it), may at its sole discretion immediately suspend or terminate any Service and/or your right to use the Website without any warning if it considers that you have contravened any of these Terms and Conditions. This is without prejudice to any other rights or remedies that Fun Run Buggies may have.

16. ASSIGNMENT
Fun Run Buggies may assign its rights and obligations under these Terms and Conditions and upon any such assignment it shall be relieved of any further obligation hereunder.

17. INTELLECTUAL PROPERTY
The Website and the Services are our copyrighted property and contain the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Service or in the Content available to the Client from within the Service are owned by Fun Run Buggies or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of the Service offered to the Client under these Terms and Conditions. Fun Run Buggies does not transfer rights or title to any portion of the Website and/or Service to the Client, nor does it transfer any rights or title to any portion of the Content. Nothing provided by any brand owned or licensed by Fun Run Buggies should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to the Client.

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