Notice Regarding Dispute Resolution: This Agreement includes provisions that govern how claims you and we may have against each other are resolved (see Section 7 below), including an agreement and obligation to arbitrate disputes which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration unless you opt-out in accordance with Section 7(e). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis and in arbitration.
1. Affirmative Representations Regarding Your Use of the Service. When you access, visit or use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation, (c) if you purchase tickets or make a reservation through the Service: (i) you are making the applicable reservation or purchase on your personal behalf, or on behalf of your personal friends and/or family, (ii) the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you, and (iii) the e-mail address you provide to us in connection with making a reservation or purchase is unique and personal to you. You will not be permitted to board a ferry, or other applicable mode of transportation associated with a reservation you make through the Service, unless at the time of boarding you provide identification that matches the name of the individual who made the applicable reservation and present the payment card used in connection with the applicable reservation.
2. Prohibited Use of the Service. You may only use the Service as expressly permitted by the Company. Specifically, without limitation, you may not:
- purchase or reserve a number of tickets for an event or activity that exceeds the stated limit for that event or activity, or make more than purchases or reservations through the Service in any 72-hour period, whether on your own behalf or on behalf of a group;
- use the Service for any commercial purposes, such as purchasing tickets in bulk or for resale;
- use any automated software or computer system, including intelligent agents or bots, to access the website or Service;
- access the Service from a concealed IP address or dynamic IP address;
- conceal, mask, obscure or replace the actual IP address, domain name and other identifying information used by you to access the Service;
- access the service from a VPN or use a proxy server to search for, reserve, purchase or otherwise obtain tickets through the Service;
- interfere with services provided through the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- modify, creative derivative works from, reverse engineer, decompile or disassemble any technology provided through the Service;
- interfere with, or disrupt the access of any user, host or network including, without limitation, sending a virus, overloading, flooding,
spamming, or scripting in such a manner as to interfere with or create an undue burden on the Service;
- use a robot, spider or other device or process to make automated purchases through the Service;
- impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;
- circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of
any Materials or enforce limitations on use of the Service or the Materials; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.
3. Terms of Purchase.
- Placement of Orders; Changes. Any purchase you place through the Service is not confirmed until you receive an e-mail or written confirmation from the Company. Any change that you may wish to make with regard to any purchase that you place through the Service must be requested through the Company, and not the third party provider of the services or products you purchased, if applicable. You may contact the Company at [email protected] or 415.981.7625 to request changes to a reservation made through the Service. Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.
- Cancellations; Refund Policy. If you wish to cancel a purchase you place through the Service, you must contact the Company at [email protected] or 415.981.7625. If you cancel a reservation that you made through the Service seventy-two (72) or more hours in advance of the date of the reservation, your payment for that reservation will be refunded in full. If you cancel a reservation that you made through the Service less than seventy-two (72) hours in advance of the date of the reservation, you will not receive a refund for that reservation, unless the Company is able to resell your tickets, and the Company shall have the right, but not the obligation, to resell your tickets. If you have purchased Assurance, and you cancel a reservation that you made through the Service twenty-four (24) or more hours in advance of the date of the reservation, your payment for that reservation will be refunded in full, minus the cost of assurance. If you cancel a reservation that you made through the Service less than twenty-four (24) hours in advance of the date of the reservation, you will not receive a refund for that reservation, unless the Company is able to resell your tickets, and the Company shall have the right, but not the obligation, to resell your tickets. Applicable refunds will be processed within fourteen (14) days of the date we receive your cancellation request. We will also provide a refund in the event of security, safety or similar closures that prevent us from honoring your reservation. In the event we are unable to provide a purchased service for any reason, our only obligation is to refund the purchase price that you paid for the applicable service. Refunds will not be provided due to construction projects on Alcatraz Island or the resulting closure of interior spaces, such as the Alcatraz Island Cellhouse. Refunds will not be provided because of COVID-19-realted health mandates from the City and County of San Francisco, or the State of California, impacting the availability of portions of the Alcatraz Island tour, as described at the time of the ticket purchase.
- Pricing. The prices listed on the Service are per person, unless otherwise specified. These prices are subject to change without prior notice, until your purchase is confirmed by the Company. Prices confirmed at the time of purchase are honored for the date of the reservation. The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included on the Service. Full payment by a payment card is necessary to make a purchase of services or products through the Service. We do not charge a service fee for processing credit card payments.
4. Our Management of the Service; User Misconduct
- Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) refuse or restrict access to or the availability of the Service if you violate these Terms of Service, the law or any of our policies; (iv) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (v) screen our users, or attempt to verify the statements of our users.
- Our Right to Terminate Users. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service, or of any applicable law or regulation.
5. Our Intellectual Property Rights. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
6. Warranty Disclaimer; Limitation on Liability
- Disclaimer of Warranties
- (i) All materials or items provided through the Service are provided “AS IS” and “AS AVAILABLE,” without warranty or conditions of any kind. By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, or that we believe any materials or items to be accurate, useful or non-harmful. We make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, information or any other items or materials on the Service. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied in connection with the Service and your use of the Service.
- (ii) We assume no liability or responsibility for any (A) errors, mistakes or inaccuracies of content and materials on the Service, (B) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service or any products or services you purchase through the Service, (C) any unauthorized access to or use of our secure servers and/or any and all personal information stored on our servers, (D) any interruption or cessation of transmission to or from the Service, and/or (E) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party.
- Limited Liability. In no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service. Notwithstanding anything to the contrary contained in these Terms of Service, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Service. Whether in contract, tort or for breach of statutory duty or in any other way shall not exceed $50.
- Exceptions to Disclaimers and Liability Limitations. Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitations or exclusions in Sections 6(a) and 6(B) may not apply to you.
7. Legal Disputes and Arbitration Agreement.
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- Initial Dispute Resolution. We are available by e-mail at [email protected] or 415.981.7625 to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. The Company will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
- Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(b), 7(c) and 7(d) by sending written notice of your decision to opt-out to the following address: Alcatraz Cruises, Pier 33 South, Suite 200, San Francisco, CA 94111, Attn: Group Services Department, or by fax to 415.394.9904.
- 1. The notice must be sent within thirty (30) days of commencing use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 7(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in [San Francisco, California] (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in [San Francisco, California] for any litigation other than small claims court actions.
8. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
9. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
10. Assignment. We may assign our rights under these Terms of Service without your approval.
11. No Third Party Beneficiaries. These Terms of Service constitute an agreement entered into between you and the Company. There are no third party beneficiaries to this agreement.
12. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees, or anyone else purporting to act on our behalf. Any modifications to these Terms of Service will only be valid if in writing and signed by an [executive officer] of the Company.
13. Registration as a Seller of Travel. The Company is registered under California law as a seller of travel, and its registration number is [2094770-50]. This registration does not constitute approval by the State of California of our services or actions. California law requires us to have either a trust account or a bond as a means of consumer protection, and the Company has a bond issued [by RLI Insurance Company in the amount of $20,000]. The Company is a participant in the Travel Consumer Restitution Fund.]