Terms - Gulf Shores & Orange Beach

Terms and Conditions

TERMS & CONDITIONS

CONSENT TO TERMS AND CONDITIONS Access to and use of the services of Gulf Shores & Orange Beach Local Guide dba Fred Local Guide (“Gulf Shores & Orange Beach Local Guide” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using, or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”), agree to be bound by these terms. PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms and conditions govern the relationship between Gulf Shores & Orange Beach Local Guide and you, the customer. These terms restrict your rights and remedies and protect Gulf Shores & Orange Beach Local Guide. By using this website, you acknowledge and agree that (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose not to use this website. So, if there is anything in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DISAGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR ANY SERVICE WE OFFER. No alterations to these terms and conditions may be made by any Gulf Shores & Orange Beach Local Guide employee, authorized representative, or agent, unless in writing by an authorized officer of Gulf Shores & Orange Beach Local Guide.

RISKS/SAFETY Travel to specific destinations may involve greater risk than others. Gulf Shores & Orange Beach Local Guide urges customers to stay informed about current news events and review travel prohibitions, warnings, announcements, and advisories issued by the United States Government before booking travel. Information on conditions in various destinations and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and can be provided by going to https://step.state.gov/step/ BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, GULF SHORES & ORANGE BEACH TOURISM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.

INFORMATION FOR TRAVEL BOOKINGS You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings by any means, including our website, in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Gulf Shores & Orange Beach Local Guide communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Gulf Shores & Orange Beach Local Guide is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Gulf Shores & Orange Beach Local Guide shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE Gulf Shores & Orange Beach Local Guide acts solely as a website supplier to cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management and is not subject to the control of Gulf Shores & Orange Beach Local Guide. The customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased and consents to the use of those suppliers and understands and agrees that each supplier’s terms and conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by Gulf Shores & Orange Beach Local Guide as agent for the travel suppliers on your itinerary. The transportation, accommodations, and other services provided by the identified sea, ground, and air operator suppliers are subject to the terms and conditions contained in the tickets, exchange orders, or vouchers issued by them and/or their suppliers, including terms and conditions on their respective websites. GULF SHORES & ORANGE BEACH LOCAL GUIDE DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS. YOU AGREE GULF SHORES & ORANGE BEACH LOCAL GUIDE IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. GULF SHORES & ORANGE BEACH LOCAL GUIDE HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH GULF SHORES & ORANGE BEACH LOCAL GUIDE’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF GULF SHORES & ORANGE BEACH LOCAL GUIDE’S CONTROL, AND YOU HEREBY EXONERATE GULF SHORES & ORANGE BEACH LOCAL GUIDE FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall, are not guaranteed to occur or not occur and are clearly outside of Gulf Shores & Orange Beach Local Guide’s control. Hurricanes and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of the Gulf Shores & Orange Beach Local Guide. Gulf Shores & Orange Beach Local Guide shall not assume any responsibility for any air and/or ground schedule changes.

FORCE MAJEURE “Force Majeure” means, in relation to Gulf Shores & Orange Beach Local Guide, any circumstances beyond the reasonable control of Gulf Shores & Orange Beach Local Guide, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). Gulf Shores & Orange Beach Local Guide shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS. If Gulf Shores & Orange Beach Local Guide’s travel suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip.

TRAVEL INSURANCE Gulf Shores & Orange Beach Local Guide OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and Gulf Shores & Orange Beach Local Guide’s travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Gulf Shores & Orange Beach Local Guide. Employees of Gulf Shores & Orange Beach Local Guide are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.

PHOTOGRAPHS/VIDEOS Gulf Shores & Orange Beach Local Guide reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Gulf Shores & Orange Beach Local Guide may use the photograph/video in publications or other media material produced, used or contracted by Gulf Shores & Orange Beach Local Guide, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact Gulf Shores & Orange Beach Local Guide in writing at gulfshores@firesmokedfish.com his/her intentions and include a photograph.

NO COPYING OR EDITING No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is prohibited.

PRIVACY POLICY At all times your information will be treated in accordance with Gulf Shores & Orange Beach Local Guide’s Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at: https://gulfshoresorangebeachal.com/privacy-policy/

RESERVATION OF RIGHTS: CHANGES TO THESE TERMS We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.

ACCESS TO PASSWORD PROTECTED/SECURED AREAS Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.

RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY We reserve the right to correct errors. All discounts and special offers are subject to availability and may change without notice. In the event of a pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.

GENERAL The laws of the State of Alabama, USA, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Gulf Shores, Alabama, USA, in all disputes arising out of or relating to travel bookings with Gulf Shores & Orange Beach Local Guide, including the use of the Gulf Shores & Orange Beach Local Guide website. Use of the Gulf Shores & Orange Beach Local Guide website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Gulf Shores & Orange Beach Local Guide with respect to travel bookings made with Gulf Shores & Orange Beach Local Guide by any means of accessing such information, including its’ Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and Gulf Shores & Orange Beach Local Guide with respect to communications with Gulf Shores & Orange Beach Local Guide, including the Gulf Shores & Orange Beach Local Guide website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

COPYRIGHT The information and images contained on this website, including downloadable files, are protected by copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced or reused for any other purpose without due acknowledgement and advance written permission of the copyright holder. The content on this website is provided for information purposes only. While every effort has been made to ensure the accuracy and completeness of this information, Gulf Shores & Orange Beach Local Guide, LLC makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also offers links to other Internet sites which are outside of Gulf Shores & Orange Beach Local Guide, LLC’s control. It is the responsibility of users to make their own decisions about the accuracy, reliability, and correctness of information contained on these sites.