Terms of Use
By accessing the Mist Marine Inc. dba Scotch Mist Sailing Charters (“SMSC”) website (“Site”) or using the services offered by SMSC (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. We reserve the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
Cancellation Policy
A 48 hour cancellation notice in advance of the trip departure time is required for a refund. If an attempted cancellation is on less than 48 hours advance notice and due to a medical illness, a written statement from a local physician or medical clinic is required. A guest may re-schedule an excursion without a cancellation charge if the new excursion is taken within 72 hours of the booked excursion if space is available. Any price differential in the originally booked excursion and the re-scheduled excursion shall be paid by or refunded to the passenger as the case may be. Private charters are unique and require a 7-day cancellation notice.
Usage License
SMSC grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. SMSC reserves the rights to terminate your license to use the Site and Services at any time and for any reason.
User Responsibility
You are solely responsible for your use of the Site and Services. SMSC allows for the viewing of content to third-party websites. The third-party websites’ content, business practices and privacy policies are not under our control; and we are not responsible for the content of any third-party website or any link contained in a third-party website.
Warranty and Damage Limitations
SMSC PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SMSC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL SMSC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NON-PERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS WHETHER OR NOT SMSC HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH SMSC SHALL BE TO TERMINATE USE OF THIS SITE OR SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Security
SMSC does not access and store sensitive website login data as a part of its daily operations. Therefore, we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.
SMSC is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of this information, SMSC has in place appropriate physical and managerial procedures that follow the PCI compliance rules of Visa/MasterCard. All data regarding credit card information is encrypted and transferred to PayPal or a subsidiary of PayPal for processing and future reference. Credit card numbers used to hold a reservation that are not processed at the time of booking are only used for processing payment and are not used for other purposes. These numbers are purged from our system on a semi-annual basis.
Other Provisions
SMSC and you are independent parties or entities and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between SMSC and you.
These Terms supersede any previous agreement and represent the entire agreement between SMSC and you with regard to the Site and Services. These Terms are governed by the laws of the State of Hawaii without reference to conflict of law principles, and any action or proceeding to interpret or enforce the Terms hereof shall only be brought in the appropriate court in Maui County Hawaii. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced; and the illegal or unenforceable provision of the Terms shall be severed accordingly.
