Terms & Conditions


Introduction

By using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies.

License to use website

Unless otherwise stated, Pearlharboroahu.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Pearlharboroahu.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pearlharboroahu.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Pearlharboroahu.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Pearlharboroahu.com reserves the right to edit or remove any material submitted to this website, or stored on Pearlharboroahu.com’s servers, or hosted or published upon this website.

Notwithstanding Pearlharboroahu.com’s rights under these terms and conditions in relation to user content, Pearlharboroahu.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Pearlharboroahu.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Pearlharboroahu.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Pearlharboroahu.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Pearlharboroahu.com has been expressly advised of the potential loss.

Cancellations

Each product on this website has a cancellation policy that is explained in a tab on the product’s page.

Cancellations on Tours without Airfare

  • Changes and cancellations are allowed up to 17:00 local time, 3 business days prior to the activity.
  • Any cancellations made after 17:00 local time, 3 business days prior to the activity will be subject to a charge of 100% of the total amount.
  • No Shows are non-refundable.
  • Groups of 8 or more may make changes and cancellations up to 17:00 local time, 7 business days prior to the activity. Cancellations made later are subject to a 100% charge.
  • Changes and cancellations on private tours may be made up to 17:00 local time, 15 business days prior to the activity. Cancellations made later are subject to a 100% charge.

Cancellations on Tours with Airfare

  • Tours that include airfare are non-refundable.
  • Airfare is not transferable and not changeable.

Although flights are non-refundable, non-transferable, and non-changeable, please give us notice as soon as you know that you will not be able to go on the tour and we will try to work with our airline partners to reschedule you. While this has happened, it is not a guarantee.

By using this website, you agree that Pearlharboroahu.com is not guaranteeing availability of tickets at the time of purchase.

Vendors & Contractors

PearlHarborOahu.com reserves the right to schedule tours with vendors and contractors. The tour and transportation vendors will possess Commercial Use Authorization to operate at Pearl Harbor.

Arizona Memorial Closure

There are occasions (a few times per year) that the boats do not visit the Arizona Memorial. This can happen as a result of weather conditions, boat mechanical problems, or safety issues at the memorial. If we know in advance that this is happening, then we will do our best to notify you before your tour.

The movie at the Pearl Harbor Visitors Center, the boat to the Arizona Memorial, the Arizona Memorial, and the Pearl Harbor Visitors Center are all out of our control. If there is a closure for safety, weather, mechanical or other causes, tours that have already departed are not eligible for refunds.

Tour companies do not provide refunds if the Navy boats do not take guests to the Arizona Memorial. It is out of the control of tour companies that have already provided transportation.

Sometimes during closures that are not related to wind or boat maintenance, the boats will go near the memorial, but not board the memorial. in these cases, guests may still board boats to the memorial and float past it. They will also be able to see battleship’s remnants. But they won’t be able to disembark the boats and walk on the memorial.

Pick-up Locations

Tours include transportation from the locations mentioned on the tour page. Tours cannot be arranged to meet at Pearl Harbor.

If you do not specify a hotel or pick-up location in your reservation request, a default location may be assigned.  It is your responsibility to be at the Pick-up location at the time specified on the confirmation email.

If, for any reason, you do not receive the confirmation email, please contact us here https://pearlharboroahu.com/faqs/where-is-my-confirmation/  If you do not contact us to request a confirmation email, it will be assumed that you have received it and you will be responsible for being at the pick-up location at the specified time.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pearlharboroahu.com’s liability in respect of any:

  • death or personal injury caused by Pearlharboroahu.com’s negligence;
  • fraud or fraudulent misrepresentation on the part of Pearlharboroahu.com; or
  • matter which it would be illegal or unlawful for Pearlharboroahu.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Pearlharboroahu.com and undertake to keep Pearlharboroahu.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pearlharboroahu.com to a third party in settlement of a claim or dispute on the advice of Pearlharboroahu.com’s legal advisers) incurred or suffered by Pearlharboroahu.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Pearlharboroahu.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Pearlharboroahu.com may take such action as Pearlharboroahu.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Pearlharboroahu.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pearlharboroahu.com may transfer, sub-contract or otherwise deal with Pearlharboroahu.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and Pearlharboroahu.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Hawaii Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Honolulu, Hawaii.