TERMS AND CONDITIONS
Heavenincabo, LLC is the operator of this website. Your use of the website and the purchase of items, services, activities and/or transportation services on this website constitutes an agreement between you and Heavenincabo, LLC and is subject to the following terms and conditions.
1. THE BOOKING PROCESS
Our website features vendors of activities that we recommend. The process of reserving an adventure is simple:
a. Select the activity you would like and, using our website, select and pay for your activity.
b. We will immediately issue a receipt to you via email and at the same time, our website will forward your activity purchase to the provider (vendor) of the activity (or activities) you have purchased.
c. The vendor will confirm the activity directly with you, with a copy of the confirmation sent to us.
d. The confirmation you receive is your admission to the activity. You must print out your confirmation and bring it with you! When you arrive at your activity, you will present your confirmation to the provider of the activity you have purchased. In the event you have purchased more than one activity, you will receive multiple confirmations; you must print out these separate confirmations and present them to the provider of the particular activity as specified on the confirmation.
e. All prices quoted in this website are in US Dollars. Credit card charges are processed in the United States and as such, there are no foreign exchange conversions and no foreign exchange conversion fees for our customers whose credit card accounts are based in the United States of America.
2. MEETING TIMES AND LOCATIONS
Your confirmation will contain information about the exact meeting time and location of your activity. Please verify the date, time and location on your confirmation, as this is the final determination of what you have purchased and is what the activity vendor has specified. Please follow ALL the instructions on the confirmation.
3. IF YOU NEED TO CHANGE OR CANCEL YOUR RESERVATION
In the event you need to change or cancel your reservation, contact the activity vendor directly to inquire if a change can be made. Please note that most activity vendors require a two-day advance notice to consider changes to existing reservations. Reservations are cancellable and refundable at any time up to 48 hours prior to the activity reservation time, or as separately noted in the sales page for each activity upon this website, or your confirmation.
If you need to cancel your activity reservation, please note that there is a 15% cancellation fee from Heavenincabo, LLC to process the refund. In the unlikely event your activity is cancelled by the activity operator and cannot be rescheduled, you will receive a 100% refund.
If you are arriving on a cruise ship and your ship doesn’t arrive as scheduled and we are unable to reschedule your activity, or if the activity is cancelled by the activity operator, you will receive a 100% refund of your activity purchase price.
Please note that separate conditions for cancellations of fishing trips, private boat charters, and large groups exist, as follows:
Private Small Boat Charters (including fishing trips): Cancellation of a reservation may be processed provided that any change or cancellation is requested at least 168 hours (7 days) prior to the reservation date and time; a $75 processing fee will be charged for any cancellation. Cancellations within 168 hours of the reservation date are non-refundable. Changes to a reservation may be made without charge, provided we receive your request at least 168 hours (7 days) prior to the reservation date and time. Changes to a reservation may be made within 168 hours (7 days) however, a US$75.00 processing fee will be charged.
Large Groups, Specialized Activities, and Boats 37 feet and larger: Cancellation of a reservation may be processed provided that any change or cancellation is requested at least 30 days prior to the reservation date and time; a $75 processing fee will be charged for any cancellation. Cancellations within 30 days of the reservation date are non-refundable. Changes to a reservation may be made without charge, provided we receive your request at least 30 days prior to the reservation date and time. Changes to a reservation may be made within 30 days however, a US$75.00 processing fee will be charged.
Airport Transportation: Reservations must be made prior to 4:30 PM Mountain Time the day prior to your arrival. If you make your reservation after this time, we will not have time to confirm your service, and will have to cancel your reservation and refund your purchase price.
4. SPECIAL CONDITIONS APPLYING TO CRUISE SHIP PASSENGERS (ONLY)
If your arrival by cruise ship is delayed and we are unable to reschedule your activity, or if the activity is cancelled by the activity operator, you will receive a 100% refund of your activity purchase price.
In the event your cruise ship has a change in arrival date or time, please contact us or your activity vendor directly so that your activity may be rescheduled.
Exceptions: Fishing Charters and Dolphins are subject to our regular cancellation policy as stated within this document.
5. CUSTOMER SATISFACTION POLICY
While we make every attempt to select activity vendors that provide quality services, we cannot guarantee these services. Heavenincabo, LLC is simply a booking agent and we ask that any dispute regarding an activity be taken up with the activity provider.
6. BAD WEATHER POLICY
The activities that we sell typically are conducted rain or shine. In the unlikely event your activity is cancelled by the activity provider, you are entitled to a full refund.
7. ACTIVITY OPERATOR POLICIES
In general, activity vendors may restrict or prevent your participation in a particular activity if you:
1) Show signs of intoxication
2) Show signs of infectious disease
3) Are pregnant or do not meet the height or weight requirements for the activity
4) Are unruly or otherwise disrupt the enjoyment of the other participants.
Specific activities may have additional conditions of participation and these are posted along with the activity information within this website.
8. PAYMENT AND CHARGEBACK POLICY
You may pay us using a check, cash or through the use of a credit card.
In the event you elect to pay using a check, payment must be received by us at least 14 days prior to the activity date.
In the event you pay using a credit card, your receipt and statement will show “Heavenincabo, LLC” as the merchant. We ask that for any dispute, you contact us prior to contacting your credit card issuer. Pease do not file a complaint or request to cancel a charge with your credit card issuer (“chargebacks”) prior to contacting us and giving us a chance to discuss the matter with you. In the event you file a chargeback and we prevail (the chargeback is denied by your credit card issuer), you agree to pay us a $25 chargeback fee and a $20 collection fee.
9. DISCLAIMER AND LIMITATION OF LIABILITY
Heavenincabo, LLC acts as an agent for services, activities and transportation that is provided by independent contractors entirely separate from Heavenincabo, LLC or its affiliates. You agree to indemnify, defend and hold Heavenincabo, LLC, its officers and employees harmless for the acts, errors, omissions, representations, warranties, breaches or negligence of any such independent contractors or for any personal injuries, death, property damage, or other damages or expenses resulting from your purchase and participation in any service, activity or transportation provided by any such independent contractor.
Further, you agree to indemnify, defend and hold Heavenincabo, LLC, its officers and employees harmless for any claims, costs or expenses arising from personal injuries to you, or any party you represent through your purchase, caused by accidents, fatalities, loss or damage to personal property, lack of enjoyment or claims over emotional and mental states such as upset, disappointment, anguish, distress or frustration, or any other damage, whether physical, mental or emotional, arising from the following:
(a) Acts committed or omissions caused by any party other than Heavenincabo, LLC, its officers and employees.
(b) Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather or any other circumstance beyond direct control of Heavenincabo, LLC.
(c) Your failure to obtain the required travel documentation such as, but not limited to, passports, visas and certificates, in which case no refund will be granted.
(d) Your failure to comply with travel instructions such as, but not limited to, activity dates and times, meeting locations, or other instructions.
(e) Changes to, or cancellation of, the travel services offered, notwithstanding the reason. Heavenincabo, LLC reserves the right to cancel or change the travel services at its discretion, but will try to substitute them with comparable services. If a reservation is canceled, our liability shall be limited to a refund of all monies paid by you for the canceled service, activity or transportation.
While we strive to work only with quality providers of services, activities and transporation, we cannot be held liable for their acts, omission, wrongdoing or other. Your purchase and participation is subject to the conditions set by those suppliers, and their liability may, in turn, be limited by their tariffs and conditions of service. We act only in our role of agent for the client or for the supplier of the goods and services rendered and as such, we have no legal authority or control over the operator’s personnel, assets, operation and/or property.
While we strive to accurately portray all items offered for sale on this website, at times the equipment, actual service, activity or transportation provided may vary.
In any event, you agree that the liability of Heavenincabo, LLC shall be limited to the actual purchase price of any service, activity or transportation purchased by you from this website.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide FractionalExchange.com’s Agent for Notification of Claims of Copyright Infringement the information specified below.
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
7. Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
Name and Address of Agent Designated to Receive Notification of Claimed Infringement:
Evan L. Julber, CEO
390 SW Columbia Street, Suite 120
Bend, OR 97702
Telephone Number of Designated Agent: (541) 306-3180
11. ACCEPTANCE OF TERMS AND VENUE
Acceptance of these Terms and Conditions as herein set forth, is further considered to be an acceptance of and consent to: (i) pay all legal fees and court costs incurred by Heavenincabo, LLC, its officers, employees and affiliates in the event that an action of law or inequity is initiated by Heavenincabo, LLC and Heavenincabo, LLC should prevail; and, (ii) to pay all legal fees and court costs incurred by Heavenincabo, LL C in the event that an action of law or equity is initiated by you against Heavenincabo, LLC, , its officers, employees and affiliates should Heavenincabo, LLC prevail in said action.
Acceptance of these Terms and conditions as herein set forth, is considered to be an acceptance of and consent to submit any and all disputes to the jurisdiction of the Circuit Court of Deschutes County, Oregon, United States of America, and that said agreement shall be governed exclusively by the laws of the State of Oregon, United States of America.