Terms of Service

Last Updated: March 11, 2026

These Terms of Service ("Terms") govern access to and use of www.bigislandactivities.com (the "Site"), operated by Big Island Activities LLC, a Hawaii limited liability company located in Kailua Kona, Hawaii.

By using the Site, you agree to these Terms.

1. PLATFORM ROLE

Big Island Activities LLC operates as a marketing and referral platform.

Except where expressly stated, we:

  • Do NOT operate tours

  • Do NOT employ tour guides

  • Do NOT control tour operations

  • Do NOT process payments

  • Do NOT issue refunds

  • Do NOT guarantee availability

All tours are operated by independent third-party providers.

2. NO LIABILITY FOR TOUR OPERATIONS

You acknowledge that:

  • Tour providers are independent contractors

  • We are not responsible for injuries, death, property damage, delays, weather cancellations, marine conditions, or provider misconduct

  • Participation in activities involves inherent risks

You assume all risks associated with booked activities.

3. BOOKINGS & PAYMENTS

Bookings are processed through third-party systems including FareHarbor Distribution Network.

Pricing, availability, cancellation policies, and refund policies are determined solely by the operator.

We are not responsible for disputes between users and providers.

4. ASSUMPTION OF RISK

Hawaii activities may include ocean exposure, wildlife interaction, boating, snorkeling, diving, hiking, and other high-risk activities.

By booking, you voluntarily assume all known and unknown risks.

5. INDEMNIFICATION

You agree to indemnify and hold harmless Big Island Activities LLC, its owners, affiliates, partners, employees, contractors, and agents from any claims, damages, liabilities, losses, and expenses arising out of:

  • Your use of the Site

  • Your participation in any activity

  • Your violation of these Terms

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • Our total liability shall not exceed $100

  • We are not liable for indirect, incidental, consequential, punitive, or special damages

7. ARBITRATION & CLASS ACTION WAIVER

Any dispute shall be resolved by binding arbitration administered in Hawaii under the Federal Arbitration Act.

You waive the right to:

  • Jury trial

  • Class action participation

  • Consolidated claims

Venue shall be Hawaii. Governing law: State of Hawaii.

8. SPONSORED LISTINGS & PLACEMENTS

We may display sponsored listings, featured placements, or preferred partner rankings.

Display order may be influenced by commercial relationships.

9. FUTURE FEATURES

These Terms apply to future features including:

  • User accounts

  • Reviews

  • AI planning tools

  • Bundled bookings

  • Direct payment processing

We reserve the right to modify services at any time.

10. DISCLAIMER OF WARRANTIES

The Site is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

11. MODIFICATIONS

We may update these Terms at any time. Continued use constitutes acceptance.

12. CONTACT

Big Island Activities LLC
Kailua Kona, Hawaii
support@bigislandactivities.com