Welcome to niagarafalls.tours (the “Website”). This Website is provided solely to assist customers in gathering tour information, making legitimate reservations, and for no other purposes. The terms "we", "us", "our" and "NIAGARAFALLS.TOURS" refer to the Website. The term “you”, “user” and “customer” refer to the customer visiting the Website and/or making a reservation through this Website, or through our customer service agents.
By accessing or using this Website in any manner, you agree to be bound by, without modification, all the terms, conditions, and notices set forth below (collectively, the “Agreement”). We hereby reserve the right at any time, at our sole discretion, to modify the Agreement without prior notice, and your continued access of this Website signifies your acceptance of the modified Agreement. We also reserve the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. We may provide some other documents, either in English or other languages, to help customers understand this Agreement, but you should always refer to this Agreement if there are any possible ambiguities or conflicts.USAGE OF NIAGARAFALLS.TOURS WEBSITE
By using of this Website, you warrant that: (1) you are an individual, 18 years of age or older, or if you are under 18, you are under the supervision of your parent or your legal guardian; (2) You possess the legal authority to create a binding legal obligation; (3) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (4) all information supplied by you on this Website is true, accurate, current and complete.
We respect your privacy and we are committed to ensure the security and confidentiality of the personal information you provide to us. By visiting our Website, you are accepting the privacy practices described hereinafter.
We receive and store any information you enter on our Website or give us in any other way. This includes information that can identify you ("personal information"), including but not limiting to your first and last name, telephone number, postal and e-mail addresses, and/or, billing information. When you make tour reservation for someone else, we may also request personal information about that individual. You should obtain the consent of other individuals prior to providing us with their personal information. We may automatically collect some information about your computer, your online activity and/or assign your computer a "cookie" (a small identifier text file).
The Website is the sole owner of the information collected on this Website. We may use your personal information in a number of ways: (1) to communicate with you about your account, about your reservation and/or about services related to NIAGARAFALLS.TOURS; (2) to support the operation of the Website, improve the quality, resolve disputes, and (3) to enforce our Terms and Conditions. We may share your personal information with: (1) our tour providers, who fulfill your tour reservations; (2) third-party vendors who provide services or functions on our behalf; and (3) any third party with your consent. We may also share your personal information with the third party in the aggregated form, i.e., information about multiple users collectively without identifying any individual user.
While no Website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to protect the personal information you provide to us. In addition, we use encryption when transmitting your sensitive personal information between your system and ours.AMENDMENT, CANCELLATION, NO SHOW AND REFUND POLICY
Each customer is required to register as a NIAGARAFALLS.TOURS user and create an online NIAGARAFALLS.TOURS account before purchasing tours through the Website and/or through our agents. During the registration, customer is required to provide a valid registration email address for us to identify each individual customer. Customer may give a different ordering email address for each tour purchase. If not provided, however, the registration email address will be used as the ordering email address. We will use, for customer’s convenience, the ordering email address to send order information and latest updates but we are not responsible for any loss caused by (1) the incorrectness of the ordering email address; (2) any delay or failure of the email delivery at the ordering email address; or (3) customer’s ignorance of the the emails received at the ordering email address. To maximize the communication timeliness, we concurrently post the order information and latest updates on customer’s online NIAGARAFALLS.TOURS account as we send them to customer’s ordering email address. We hereby assume customer’s awareness of such order information and latest updates immediately after they are posted into customer’s online account. We are then not responsible for any loss directly or indirectly caused by customer’s inability to access the internet or customer’s ignorance of these posts on his/her online account.
Once an order is placed, either through the Website or through our agents, a reservation process will be initiated within one business day. Within three business days after the reservation is started, we will confirm the tour reservation and send a confirmation notice to customer’s ordering email address and online NIAGARAFALLS.TOURS account. Payment of the tour will only be charged to the customer when the tour reservation is successful. If customer’s tour reservation is failed for any reason, we will cancel the order and no payment will be charged to the customer. However, we are not responsible for any other losses directly or indirectly related to such tour reservation failure.
NIAGARAFALLS.TOURS reserves the right to cancel the tour reservation for any reason at any time without prior notice. We will fully refund you the tour payment after the cancellation but we are not responsible for customer’s any other losses directly or indirectly related to such cancellation. NIAGARAFALLS.TOURS also reserves the right to adjust the reserved tour without prior notice if we believe, at our sole discretion, that the adjustment is necessary to complete the tour. We are not liable for customer’s any loss directly or indirectly caused by such adjustments and no payment dispute shall be made because of such adjustments.
To provide more flexibility and convenience, you may cancel or change your order, subjecting to our policy restrictions, either through the Website or through our agents. After you place the order and before we start the tour reservation process, you may cancel or change your order without paying any processing fee or penalty and your tour payment will be completely based on the changed order. Once the tour reservation is initialized and before we confirm your reservation, no order cancellation will be accepted and you will only be allowed to add or change the contact and/or flight information for tour participants in the order. After you order is confirmed, you may cancel or change your order while limitations processing fee and/or penalty may occur.
Once an order is confirmed, you can request to cancel the order only if (1) it is 8 days or more before the tour departure and (2) the order is not marked as non-cancelable. An absence or failure to show up on the scheduled date or time for a confirmed order is NO SHOW. No show is non-refundable. If a tour cancellation is accepted, your tour payment will be partially refunded to you after deducted by a cancellation penalty of: (1) 50% of the tour price if the cancellation is made between 8 and 14 days before the tour departure; (2) 25% of the tour price if the cancellation is made between 15 and 29 days before the tour departure; (3) 10% of the tour price if the cancellation is made 30 days or more before the tour departure. NIAGARAFALLS.TOURS reserves the right to reject any order cancellation if we believe, at our sole discretion, such cancellation is not appropriate. For example, any person failing to appear on the day of departure or during the trip is deemed automatic waiver of the right to the tour and shall not be refunded.
An order can be modified after it is confirmed only if (1) it is 8 days or more before the tour departure and (2) the order is not marked as non-changeable. And for those non-cancelable orders, if they are not marked as non-changeable, we only accept modifications in flight and/or tour participant’s contact information. Each modified order will initialize a new reservation process within one business day and a processing fee of $25 will be charged to the customer. However, if customer only adds or changes the flight and/or contact information and it is the first time for the customer to make such change in the order, the $25 processing fee may be waived. Before we confirm the modified order, no modification other than flight and/or contact information will be accepted for the order once the new reservation process is started. The reservation process will finish in three business days and we will send you a confirmation notice if the reservation is successfully confirmed. If the modified order cannot be confirmed for any reason, the previous confirmed order will be recovered as a valid order but the processing fee will not be refunded to the customer. We are not responsible for any loss directly or indirectly caused by such modification failures. If the modified order is successfully confirmed, the price difference will be charged to you if the modified order has higher price than the previous confirmed order. If the modified order has lower price that the previous confirmed order, the price difference will be partially refunded to you after deducted by a modification penalty of (1) 50% of the price difference if the modification is made between 8 and 14 days before the tour departure; (2) 25% of the price difference if the modification is made between 15 and 29 days before the tour departure; (3) 10% of the price difference if the modification is made 30 days or more before the tour departure. We reserve the right to reject any order modification if we believe, at our sole discretion, such modification is not appropriate.CORONAVIRUS (COVID-19) INFORMATION AND SPECIAL CANCELLATION POLICY
If you have a booking with us that is non-refundable or non-cancelable but has been impacted by COVID-19, you may still be eligible to change or cancel your booking if:
. You are impacted by the travel and/or disease control restrictions implemented by your local authorities or the authorities in your destination of travel.
. You are a medical professional and must perform duties in connection with the COVID-19 outbreak.
. You have been diagnosed or are suspected of being infected with COVID-19 by health authorities.
In any of these cases, you may cancel your booking by contacting us directly. If you do not contact us and do not show up for the scheduled tour, no refund will be issued. There will be a 100% charge for no-shows.PASSPORT AND VISA
It is traveler/passenger’s responsibility to bring all necessary and relevant travel documents and materials to enter into or to pass through countries on routes of the tour(s) booked via the Website. Please be advised that different countries have different customs regulations for people with different nationalities and/or from different countries, it is traveler’s own responsibility to clearly understand the relevant policies. The company is not liable for noticing or preparing travel documents for passengers to enter into or pass through countries on routes of the tour(s) booked via the website. The website has no liability and will make no refund in the event of any delay, cancellation or overbooking caused by missing/lack of traveling documents. Passengers and travelers should have strict compliance with laws and regulations issued by destination governments, including but not limited to Immigration and customs laws and regulations. The website is not liable for any penalties or fines caused by passenger’s violation of laws and regulations of destination country.ARBITRATION
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Alameda county of the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.LIABILITY DISCLAIMER
NIAGARAFALLS.TOURS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME WITHOUT PRIOR NOTICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, NIAGARAFALLS.TOURS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITING TO, THE PRICING, PHOTOGRAPHS, ETC). IN ADDITION, NIAGARAFALLS.TOURS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR TO CANCEL YOUR RESERVATION WITHOUT PENALTY.
NIAGARAFALLS.TOURS MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES LISTED IN THIS WEBSITE. NIAGARAFALLS.TOURS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OR OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY NIAGARAFALLS.TOURS. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NIAGARAFALLS.TOURS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM NIAGARAFALLS.TOURS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIAGARAFALLS.TOURS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL NIAGARAFALLS.TOURS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NIAGARAFALLS.TOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TOURS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NIAGARAFALLS.TOURS. NIAGARAFALLS.TOURS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NIAGARAFALLS.TOURS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.