Romans Point Full Sea Caves Kayak Tour

Code of Good Practices

Our mission is to empower people to experience the world, by offering the Apostle Islands best places to stay and greatest places and attractions to visit in the most convenient way.

Introduction TCs

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are subject to the terms and conditions set out below. The relationship that we have with the Trip Providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Trip Providers. Each Trip Provider acts in a professional manner vis-à-vis when making its product and/or service available on or through (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Please note that Trip Providers may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the Trip (which may include certain disclaimers and limitations of liability).

1. Definitions

“Platform” means the (mobile) website and app on which the Trip Service is made available owned, controlled, managed, maintained and/or hosted. “Trip” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Trip Provider.

“Trip Provider” means the professional provider of tour or accommodation (e.g. hote, motel, apartment, bed & breakfast), attractions (e.g. (Tours) Kayak, Boat, sightseeing tours), transportation provider (e.g. kayak tours, boat tours, transfers), tour operators, and any other travel or related product or service as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).

“Trip Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled in respect of various products and services as from time to time made available by Trip Providers on the Platform.

“Trip Reservation” means the order, purchase, payment, booking or reservation of a Trip.

1. Scope and nature of our Service

Through the Platform, we and our affiliate (distribution) partners) provide an online platform through which Trip Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Trip Service). By using or utilizing the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Trip Provider with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Trip Provider, transmitting the relevant details of your Trip Reservation to the relevant Trip Provider(s) and sending you a confirmation email for and on behalf of the Trip Provider.  We do not (re)sell, rent out, offer any (travel) product or service.

When rendering our Trip Service, the information that we disclose is based on the information provided to us by Trip Providers. As such, the Trip Providers that market and promote their Trip on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Trip Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Trip Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Trip Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available.

Our Trip Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

2. Prices, crossed-out rates and We Price Match

The prices as offered by the Trip Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Trip Provider in the event of a no-show or cancellation.

Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Trip Providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

3. Privacy and cookies

We respects your privacy. Please have a look at our privacy and cookies policy for further information.

4. Free of charge for consumers, only Trip Providers pay!

Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate. You will pay the Trip Provider the relevant amount as indicated in the Trip Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).

Trip Providers pay a commission (being a small percentage of the product price (e.g. room price))  after the end user has consummated the service or product of the Trip Provider (e.g. after the guest has stayed at (and paid) the accommodation).

5. Credit card or bank transfer

If applicable and available, certain Trip Providers offer the opportunity for Trip Reservations to be paid (wholly or partly and as required under the payment policy of the Trip Provider) to the Trip Provider during the Trip Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, we facilitate (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Trip Provider  never acts nor operates as(We never act as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Trip Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies.

For certain (non-refundable) rates or special offers, please note that Trip Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Trip Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold us liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Trip Provider and not (re)claim any amount for any valid or authorized charge by the Trip Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures)

6. Pre-payment, cancellation, no-show and fine print

By making a Trip Reservation with a Trip Provider, you accept and agree to the relevant cancellation and no-show policy of that Trip Provider, and to any additional (delivery) terms and conditions of the Trip Provider that may apply to your Trip (including the fine print of the Trip Provider made available on our Platform and the relevant house rules of the Trip Provider), including for services rendered and/or products offered by the Trip Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider. The general cancellation and no-show policy of each Trip Provider is made available on our Platform on the Trip Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Trip Provider and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Trip.. Please carefully read the fine print (below the Trip types or at the bottom of each Trip Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Trip Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Trip Provider agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Trip Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Trip Provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Trip Provider. We do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Trip Provider.

7. (Further) correspondence and communication

By completing a Trip Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Trip Provider and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.

We disclaim any liability or responsibility for any communication by or with the Trip Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Trip Provider or (any form of) acknowledgement of receipt of any communication or request. We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Trip Provider.

In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint againstor in respect of us  the Trip Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

We are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. We act as a third party aggregator and do not act a the primary website for any trip providor or outfitter.  You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Trip Provider). We are not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Trip Provider. We are not responsible for and disclaim any liability in respect of such complaints, claims and (product) liabilities.

Whether or not the Trip Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. We do not act as the merchant of record for any product or service made available on the Platform.

9. Applicable law, jurisdiction, and dispute resolution

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

13. Governing law and disputes

We are committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you have. If we are unsuccessful, you may pursue a claim against us

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law. By using this website, you agree that any and all disputes arising out of or relating to your use of this website, or other services provided by us or the support companies in connection with your use of this website (including the interpretation and scope of this clause and the arbitrability of the dispute), will be resolved via mandatory, binding arbitration.

Nothing in this Disputes provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.

Prior to initiating arbitration, as discussed further below, you must give us an opportunity to resolve any complaints you have relating to your use of the the website, any dealings with our customer service agents, any services or products provided, or our Privacy Policy

14.  Waiver
I understand that by signing up online at www.bayfieldkayak.com for a date and time, and answering the questions prior to checkout, I have completed a membership to a club.  I understand that I am paying for the membership fees and am not paying for a kayak tour.  I understand I am paying for a virtual good, not a physical good or service and any kayak instruction or group paddle is being provided for free.  I understand that no guiding services for hire are being offered.  I understand that .all group paddling sessions are a form of political speech.  In consideration of  any of our associate outfitters furnishing services and/or equipment to enable me to participate in activities, I agree as follows: I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and such exists in my use of our equipment and my participation in activities;  I understand that all decisions to land or launch are a decision made by the renting party based on their evaluation of their own skill level(b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of this business; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in a kayak or walking on ice and such other risks, hazards and dangers that are integral to recreational activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of this business or by any other person.  By signing this waiver, I understand that the booking and promoting agency reserves the right to act on purchasers behalf as a third party booking agency. I further agree to abide by a policy of no alcohol on rental or guided trips. I on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify this business and our agents and officers.

Kayak or Boat Tour cancellation Terms: Any Reservation that is cancelled more than 98 hours in advance receives a full refund.  Less than 98 hours is 50% refund.  Less than 24 hours 25% refund.  No show, no refund. If weather cancels your tour you receive a full refund.  We try to give you at least 24 hours notice by text or email if weather is a concern.  If we cancel the tour you receive a 100% refund.  We are a private club. Any time you give money to this business or for something on this website you are making a donation.  If you receive any type of goods or services from us you understand that they are a gift and you have not paid for the goods or services  Any and all payments made on this website or to this business in any way, are considered a donation and not a sale of goods or services.  Your donation goes towards an attempt  by us only to gain political support or to determine opinions or sentiments.  We are not selling a good or a service or a tour, you are making a donation at your own free will.  We are not  a peddler, solicitor or vendor and we do not sell goods or services, or take orders for the later delivery of goods or services.  By agreeing to our terms you are agreeing that you have not been solictied to anywhere in Bayfield County, Wisconsin.  You agree that we have not requested, by the spoken, written, or printed word, or by other means of communication, or transfer of money or other thing of value from you.  You have made a free will donation.   Regardless of our purpose of intended use you agree that we have not solicited to you in anywhere in Bayfield County, Wisconsin and have not sold you any goods or services.  If you receive any type of goods or services from us you understand that they are free and you have not paid for the goods or services.  By agreeing to our terms you are agreeing that we are not selling, displaying, or offering for sale any, goods, merchandise or services of any kind.  By agreeing to our terms you are agreeing that we are not acting as a peddler, solicitor or merchant and are only seeking donations intended to gain political support or to determine opinions or sentiments.