The Key West Express Website Overview
The Key West Express offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. The Key West Express reserves the right to make changes to these Terms of Service immediately by posting the changed Terms of Service in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms of Service made by The Key West Express.
The term ‘thekeywestexpress.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
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The Key West Express Terms Of Use
The use of this website is subject to the following terms of use: Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither The Key West Express nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of The Key West Express. The Key West Express reserves the right to change or discontinue at any time any aspect or feature of the Web site.
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The Key West Express Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
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The Key West Express Indemnification
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
In no event shall The Key West Express or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Key West Express Internet site, even if The Key West Express or a The Key West Express authorized representative has been notified orally or in writing of the possibility of such damage.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Service.
All trademarks reproduced on thekeywestexpress.com which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of thekeywestexpress.com may give rise to a claim for damages from The Key West Express and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
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The Key West Express Copyright Notice
Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by the United States and foreign copyright laws. Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.
None of the material contained on The Key West Express may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of The Key West Express. Violation of this provision may result in severe civil and criminal penalties.
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Booking Overview
Travel Marketing / The Key West Express / The Key West Express offers a variety of tours, tickets and services through it's website thekeywestexpress.com and through designated partner websites. Unless otherwise stated, purchases made through thekeywestexpress.com or any Travel Marketing / The Key West Express / The Key West Express-affiliated websites are subject to these Terms & Conditions; in all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons included in the booking.
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General Cancellation Policy
- If you cancel at least 7 calendar days in advance of the scheduled departureor commencement time, there is no cancellation fee.
- If you cancel between 3 and 6 calendar days in advance of the scheduleddeparture or commencement time, you will be charged a 50% cancellationfee.
- If you cancel within 2 calendar days of the scheduled departure or commencementtime, you will be charged a 100% cancellation fee.
- If tour operator cancels the activity, there is no cancellation fee.
- All refunds processed will be subject to 10% administrative fee. No exceptions.
- Booking fees are non-refundable.
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Bus ToursCancellation Policy
- Allbus tour bookings and packages are non-refundable for any reason.This includes weather-related events and mechanical breakdowns.
- Any changes to your reservation will be billed at $25 per ticket, perchange.No exceptions.
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Fishing Charters Cancellation Policy
- All Fishing Charter deposits are non-refundable for any reason.
- If you cancel within 14 days the balance will be charged to your originalmethod of payment.
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Private Charters Cancellation Policy
- If cancellation is made 15-30 days prior to your sail half of the remainingbalance will be refunded.
- If you cancel within 14 days the balance will be charged to your originalmethod of payment, andyou will forfeit any payments made.
- Should the weather conditions be determined unsafe all monies paid willbe refunded.
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Canceling Your Reservation
To cancel your reservation for any reason you must contact The Key West Express as soon as possible. Upon receipt of your valid request for cancellation,we will process any applicablerefund in 7 business days. Our accountingdepartment handles these transactions Mon-Fri, 9:00 AM - 5:00 PM EST, andobserves all national and bank holidays.
Reasons For Canceling
Please contact our office to inform us if your reservation is canceled forany of the following reasons:
Cancellation Due To Bad Weather
If your activity operator must cancel due to bad weather AND cannot accommodateyou on another day, you will be issued a refund. Please be aware before issuinga refund, The Key West Express will confirm if this is the case. This is onlya valid reason if the tour operator cancels the tour.
If Tour Operator Cancels Tour or Excursion
If for some reason a tour operator does cancel and cannot accommodate youon another day or at another time, you will be offered the trip issued arefund. Like cancellation for bad weather, The Key West Express will confirmif this is the case before authorizing a refund.
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Adjusting Your Reservation
Contact our office directly to make any adjustments to your reservations.If you call and reach voicemail, please leave a message including: time,date, number of guests attending and tour or excursion. If you adjust yourreservation within 7 calendar days, a voucher will be issued and appliedto your new reservation date. Subsequently, a revised confirmation will beemailed to you. If the newly adjusted activity is cancelled by the operator,a store credit will be issued. A non-refundable change fee of $25 per adultticket will be applied at the time of reservation change.
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Customer Responsibility
You agree to read and abide by The Key West Express policies and furthermoredo agree to be fully responsible for meeting stated guidelines.
Showing Up Late
If you or a member of your party shows up late and are consequently not ableto participate you will still be responsible for full amount of tour, activityor excursion.
No Shows
If you, or a member of your party, does not show up for your tour, activityor excursion you will be responsible for the full amount of reservation.
Unsatisfactory Activity Experience
If you experience an issue of any sort with a tour, activity or excursionyou have booked via The Key West Express, immediately bring this to the attentionof the tour, activity or excursion’s operator. Make your concerns and complaintsheard with the person in charge so that you may reach an agreeable solutionimmediately. Do not wait until you return from your vacation. If for somereason you feel a partial or full refund is merited, you must make this knownthe same day of your tour or excursion.
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Billing Policy
Credit Card Statement
Your credit card statement will display “The Key West Express” as the companyauthorized to bill your bank or credit card.
Cancellation Protection
Cancellation protection is non-refundable.
Credit Card Charge Authorization
By making your reservation online or by telephone you agree to authorize“The Key West Express” and/or the activity provider you will be participatingwith to bill your credit card the agreed upon amount you are responsiblefor related to your reservation. The credit card charges are authorized verballyand/or electronically by you, the reservation holder, and are valid in lieuof a signed credit card authorization form. www.CoolKeyWest.com is not responsiblefor any charges incurred as a result of exchange rates or local taxes.
Credit Card Disputes & Chargebacks
You agree to contact our office by telephone to resolve any discrepancy beforeinitiating a dispute or charge-back with your credit card company. If youreach voicemail, please leave a message and we will return your call.Youhereby waive any objection you may have to The Key West Express use of electronicrecords with Discover, MasterCard, Visa, American Express or banks that issuecredit cards should it be necessary for The Key West Express to respond to achargeback. You agree that you will not dispute any charge improperly. Thisincludes filing chargebacks claiming fraud if you claim the name of CoolDestinations was not recognized by you. In the event you file a chargebackimproperly, you agree to provide a written statement to the credit card companyconfirming the charge is correct and should be paid and agree to send a faxedcopy of this letter to The Key West Express, Attention: Chargeback, 1-305-768-0692.In the event legal action is necessary for by The Key West Express to collectmoney taken away from The Key West Express through a chargeback or to collectthe Chargeback Fee, you agree to pay The Key West Express legal expenses ifThe Key West Express wins the lawsuit.
Time Limits on Refunds
You understand that our credit card processor does not permit refunds forbookings made more than 120days ago. You agree that in the case you bookan activity more than 120days in advance, any refund will be provided asa store credit of equal monetary value as the original purchase. No exceptions.
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Disclaimer
Arrangements set forth on this ticket for transportation, excursions, toursor similar activities are made solely for the convenience of the ticket holderand are at ticket holder’s risk. All prices are subject to change withoutprior notice until the ticket is purchased. The providers of such servicesare independent contractors and are not acting as agents or representativesof The Key West Express, or their respective affiliates or subsidiaries. Inno event shallThe Key West Express be liable for any accident or harm to ticketholders, which occurs as a result of any acts, omissions or negligence ofany independent contractors. In the event of a cancellation or change inthe services or activities by the service provider, The Key West Express shallhave no liability whatsoever for any loss incurred by the purchaser by reasonof such cancellation and any refund of the ticket price shall be subjecttoThe Key West Express discretion.
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