Last modified February 27, 2017
Aloha! Welcome to Roberts Hawaii! Mahalo for using our products and services (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully.
1. Contract Between You and Us
By using our Sites, you agree to be legally bound by terms discussed herein and included through reference and that you are legally capable to do so. If you use the Sites on behalf of an entity, you must be authorized to accept these terms on behalf of the entity and that such entity agrees to indemnify you and Roberts Hawaii for any violations of the terms herein. You must agree to all terms to use these Sites.
2. Roberts Hawaii Websites Content and Services
Disclaimers and Limitation on Liability
The Sites’ content and services are provided “as is” and “as available.”. We disclaim all warranties of any kind to the maximum extent permitted by applicable law, either express or implied, including and not limited to warranties or title or implied warranties of merchantability or fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
Roberts Hawaii and its affiliates, directors, employees, shareholders, suppliers and officers, and agents shall not be held liable for any damages, or any other damages of any kind including but not limited to any type of loss, injury or damage arising out of or in connection with the Sites including content contributed by other companies. This includes without limitation any damages arising from reliance by a user on any information obtained from Roberts Hawaii or that result from mistakes, inaccuracies, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, circumstances beyond our control, communications failure, theft, destruction or unauthorized access to our records, programs or services. You agree not to hold liable Roberts Hawaii, from and against any claims, causes of action, demands, recoveries, losses, direct, indirect, punitive or consequential damages, fines, penalties or other costs or expenses of any kind or nature.
These disclaimers and limitations do not affect your rights as a consumer. They are not intended to disclaim liability that cannot be legally excluded under our country of governance.
Modifications to the Site’s Content and Services
Do not assume the Site’s Content and Services are always up to date.
Roberts Hawaii reserves the right to modify or discontinue the Sites and information contained within including but not limited to the terms, conditions, prices, features, schedules (such as day of operation and times) and service locations offered on this website without notice, at any time and at its sole discretion.
If you access our Sites and services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.
Copyright and Limited License
Unless expressly indicated, the Sites and all content, including but not limited to the Roberts Hawaii logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the layout thereof (collectively “Site Content”), are the proprietary property of Roberts Hawaii and protected under U.S. and international copyright laws.
You are granted a limited, non sub-licensable license to access and use Site Content for personal, informational and shopping purposes only. This license does not allow (a) resale or commercial use; (b) unauthorized distribution (c) modification or otherwise making derivative uses of Site Content (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than web browser caching) of Site Content, except where expressly permitted; (f) use of the Sites and Site Content for any thing other than its intended purpose. Any use of the Sites and Site Content other than specifically authorized with prior written permission. Such unauthorized use may also violate applicable laws. Unless explicitly stated, none of these terms shall be construed as conflicting with any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
“Roberts Hawaii” and the Roberts Hawaii logo are registered trademarks of Roberts Hawaii, Inc. All other Roberts Hawaii trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the sites are the property of Roberts Hawaii, Inc. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Roberts Hawaii or any third party without express permission from the owner.
All rights not expressly granted are reserved.
3. Your Usage, Content and Account
Right To Use Your Name, Voice, Image and Likeness
By using our products and services, you grant Roberts Hawaii and its affiliates the irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, tape, aural devices and any other method or device) your name, voice, image and likeness while using our services (the “Recordings”), and the use of such Recordings for any and all purposes, in any and all media now known and hereafter devised.
Third Party Content
Roberts Hawaii may provide third party content on the Sites and hyperlinks to web pages and content of third parties (collectively, “Third Party Content”) for your convenience. This inclusion does not imply affiliation, endorsement or adoption by us of any site or information contained within. We do not control third party content and can make no guarantees as to its accuracy or completeness. You agree to use such Third Party Content at your own risk.
In addition, if you navigate away from our Sites to a third party site, you are subject to the terms and conditions of use on that site.
User Generated Content
Roberts Hawaii Sites include interactive areas in which you may communicate, submit, upload or otherwise make available text, images, audio or other content (“User Generated Content”). You may not submit or upload User Generated Content that is illegal, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You may not submit content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”.
It is your responsibility to ensure that your User Generated Content conforms to these terms and that you have the necessary rights and permissions, without the need for payment to any other person or entity, to use and authorize us to use your User Generated Content in all relevant manners. You agree to indemnify and hold us and all covered by these terms harmless from any action made against us by any third party arising out of or in connection with our use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
By submitting User Generated Content, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also grant Roberts Hawaii the right to use the name that you submit in connection with such content and to use images or likeness of you with our without name for any lawful purposes, including by not limited to publicity, advertising, electronic media and other.
We reserve the right but are not obligated to monitor, screen, post, remove, modify, store and review User Generated Content or communications, at any time and for any reason without notice. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
You may have to create an account with Roberts Hawaii to access certain functions of the Sites. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. We reserve the right to verify the accuracy of information you provide.
We may suspend or terminate the accounts of users who fail to comply with these terms and if you engage in, encourage or advocate for illegal conduct.
Passwords and Security
Roberts Hawaii Service Terms and Conditions
All reservations are subject to availability. In order for us to process your request for reservations fully, we advise placing your order for Roberts Hawaii tours, transportation and activities at least 48 hours before the date and time of service. For One Day Tours and Non-Roberts Hawaii tours and activities we require a minimum of 72 hours prior to your tour or travel date. For Magic of Polynesia, please make your reservation a minimum of 24 hours beforehand. Any disability requiring special attention should be specified at the time of booking. Roberts Hawaii will make all reasonable attempts to accommodate the needs of the disabled guest.
Non-refundable Convenience Fee
Services purchased through Roberts Hawaii and Express Shuttle websites may include a non-refundable convenience fee. This fee will be displayed upon check out as a separate line item. Roberts Hawaii does not keep this fee. It covers the cost of providing improved security and user-friendly features for online bookings.
Please refer to the product description and rates listed for each specific attraction, activity, tour and excursion for current price. Rates quoted may be subject to additional charges, including taxes. The final rates will be displayed once a schedule is booked. Rates are subject to change without notice. Rates may be higher during some holiday periods and additional restrictions may apply during various times of the year. Some discounts, special or promotions may not be combined with other promotions or discounts and may require a valid ID presented upon request at the tour or activity. Child rates are available for children based on the age definition specific to that product. Unless otherwise stated, children under the age of 4 years old are complimentary if they can be securely held on their guardian’s lap. We do not provide child seats. If the guardian requires a seat for the child under the age of 4, the regular rate will be applicable. Under HI Rev Stat § 291-11.5 (2011 through Reg Sess), operators of emergency, commercial and mass transit vehicles are exempt from child passenger restraints.
The Order Process
You will have the opportunity to review and confirm your order, including payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us.
We reserve the right to refuse or cancel any order prior to delivery. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
For Charters and group services, a separate payment policy applies. Contact Group Services for more information at firstname.lastname@example.org
Changes in reservations
Reservations are valid only for the date specified. When changing any part of your reservation including date, time, pick-up or drop-off location, and number of persons in the party, rates are subject to change.
It is your responsibility to ensure that accurate information is provided at the time of booking. Roberts Hawaii will not be responsible for mistakes made by guests. We understand that mistakes do happen. You will receive a confirmation email with details of your reservation. Please carefully review this and let us know immediately if you need to make any changes.
Full payment is due at reservation to secure your seat and payable in U.S. dollars unless noted otherwise. You will receive a confirmation code with each successful booking. Please keep this code handy and reference it when calling for changes or assistance.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. For the protection of our customers, Roberts Hawaii does not accept cash payments for most of our services. We accept credit and/or debit cards. For web orders, only credit cards are accepted. Credit cards accepted are:
International charges/payments to Roberts Hawaii are denominated in US Dollars (US$) when charged. Exchange rates are subject to policies of the individual card issuer.
Unauthorized Credit Card Use
- Discover Card
- American Express Card
- Diners Card
In the unlikely event of unauthorized credit card use, follow your credit card company’s reporting procedures. It is very important to promptly notify your credit card issuer immediately to minimize your liability for the unauthorized use of these cards under the Electronic Fund Transfer Act. Transactions on the RobertsHawaii.com pages are provided through an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process. FareHarbor adheres to all modern security best practices; including, but not limited to, solutions to harden and prevent against XSRF, XSS, SQL injection, and DDoS attacks. FareHarbor does not store or process any cardholder data. All cardholder data is encrypted and transmitted via TLS to Stripe, a Level 1 PCI compliant financial institution. All web servers, applications, and databases reside in FareHarbor’s Virtual Private Cloud (hosted by Amazon Web Services) where each node is restricted to only communicate with the IPs of other nodes in the system. All web servers, databases, and applications are setup, protected, and hardened according to AWS Security best practices.
If you have any questions about our security policy, please contact us at Reservations@robertshawaii.com.
2. Delayed or Missed Pick-ups
Guests are advised to be at pick-up location at least 10 minutes before designated departure time. Please also provide us a 15 minute grace period for unexpected traffic conditions.
Natural features & phenomena are subject to seasons or weather and are out of our control. Roberts Hawaii is not responsible for significant delays due to traffic, weather, road conditions, or other unexpected circumstances. We reserve the right to cancel or modify scheduled tours and activities. Roberts Hawaii will not be responsible or liable to any individual utilizing our transportation services for delays, injury, loss, accident or damages to person or personal property beyond our control.
Please refer to the specific product pages for cancellation policies as this differs depending on the product. All cancellations are subject to a 10% credit card fee. Cancellations made after 12 noon, the day prior of scheduled service, will result in a 100% charge being incurred (NO REFUND). Claims for refunds must be made within thirty (30) days from the date of service. No shows are subject to full charge. No refunds for cancellations or no shows that includes airfare like One Day Tours.
Once refunds have been approved, please allow a few working days to see it reflected in your account. If a promo code was used to make the purchase, the amount discounted with the promo code will be forfeited and not refunded.
4. Provision of Service
It is your responsibility to be aware of and abide by state and federal laws at all times. Roberts Hawaii assumes no liability for guests actions while on the transfer service. Please note that smoking is not allowed on any of our vehicles pursuant to Hawaii State Law HRS328J.
5. Americans with Disabilities Act
If any special accommodations are needed due to disability, please include them at the time of booking. Due to limited availability, we require that ADA vehicle reservations be made a minimum of 48 hours prior to date and time of service. We will make all reasonable attempts to accommodate the needs of the disabled traveler.
For electric wheelchairs or scooters: The combined weight of the wheelchair and guest cannot exceed 600 lbs. The usable platform is only 48 inches by 30 inches. The maximum weight that our drivers can carry into the luggage compartment is 50 lbs.
6. Luggage and Personal Items
If you are traveling with valuables, prescription medication, and other important personal items, please keep them with you at all times.
Roberts Hawaii assumes no liability for damaged baggage, except as baggage is in transit, in which case the maximum liability is $100 for any single piece and $250 for any single guest. In no case shall Robert's Hawaii's liability exceed the limits shown above or the cost of repair replacement or actual cash value, whichever is lower. Guests must report significant damage or loss of any personal items during the service immediately to CustomerService@robertshawaii.com within a 24 hour window from the service. Roberts Hawaii reserves the right to inspect the item and determine the type and amount of reimbursement, if any, based on damages.
Lost Luggage and Items
Guests are responsible for their own luggage and belongings. Roberts Hawaii assumes no liability in the event of loss or theft of such property and will not be responsible for any losses incurred as a result.
Roberts Hawaii is not liable for lost items left behind on any vehicle, guests are advised to check their seat carefully before disembarking and their belongings carefully before leaving. However, whenever possible, Roberts Hawaii does want to reunite guests with their lost items. Please contact CustomerService@robertshawaii.com immediately. Any fees incurred in returning a left behind item must be paid for by its owner.
7. Claims and Compensation
We strongly encourage feedback on the service, both good and bad. Upon receipt of negative feedback, we will investigate and provide a resolution.
No action shall be maintained for loss or damage to a passenger's property or for delayed or missed pickup unless notice of the claim is presented to the carrier within twenty four (24) hours of the occurrence of the loss, delay, damage or injury and unless the claim is actually filed in writing within thirty (30) days of such occurrence. All other terms and conditions are based on our filing by Western Motor Tariff with the Hawaii Public Utilities Commission and the Department of Transportation of the State of Hawaii.
8. Additional Provisions
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to us at Webmaster@robertshawaii.com. We will respond to claims of copyright infringement that are reported to the address above, in accordance to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
Choice of Forum
You agree that any legal action relating to these terms or Roberts Hawaii shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Hawaii, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. Any disputes or claim relating to Roberts Hawaii’s tours, activities, products, facilities, transportation services must be taken up within 30 days of service.
Choice of Law
These terms are governed by and construed in accordance with the laws, rules and regulations of the United States, the State of Hawaii, the City & County of Honolulu, the County of Hawaii, the County of Kauai, and the County of Maui. This includes but is not limited to the Western Motor Tariff Bureau, Hawaii Public Utilities Commission and the Department of Transportation of the State of Hawaii.
Roberts Hawaii reserves the right, without notice and in its sole discretion to terminate your license to use the Sites and block or prevent your future access to, and use of, the Sites.
If any provision of these terms is deemed void for any reason enforceable, that provision shall be severable from the rest of the terms and not affect the validity or enforceability of any remaining provisions.
9. Contact Us
Please contact us with any comments, questions or suggestions you might have regarding the information described in the Sites at Marketing@robertshawaii.com.