1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY MAKING A RESERVATION THROUGH THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU MAKE A RESERVATION ON BEHALF OF ANOTHER PERSON OR AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH PERSON, ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT PLACE A RESERVATION THROUGH THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH R&L TAXI & TOURS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through randltaxi.com (the “Site”). These Terms are subject to change by R&L Taxi & Tours LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before making a reservation through this Site (see Section 10).

2. Order Acceptance and Cancellation.
   • All reservations are subject to availability. In order for us to process your request for reservations fully, we advise placing your order for transportation and activities at least 24 hours before the date and time of service. Any disability requiring special attention should be specified at the time of booking. R&L will make all reasonable attempts to accommodate the needs of the disabled guest.
   • 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.
   • You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. User Error; Changes in Reservations.
   • It is your responsibility to ensure that accurate information is provided at the time of booking. R&L 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.
   • 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 and availability are subject to change, and the terms of Section 2 above shall apply as if the change is a new order.
4. Prices and Payment Terms.
   • Prices posted on this Site may be different from prices offered by us offline. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or any applicable service charges. All such taxes and charges will be added at the time of checkout and included in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   • We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
   • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment in full is due upon making the reservation and failure to provide payment in full will result in an incomplete reservation request. For the protection of our customers, we do not accept cash payments for most of our services. Where cash payments are accepted, reservations are all sales final. We accept credit and/or debit cards for all purchases from the following providers: Visa, Mastercard, Discover Card, American Express, JCB and Diners Card. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable service charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
5. Cancellations and Refunds.
   • Claims for refunds are subject to the cancellation policies provided on the specific product pages. To be eligible for refund a reservation must be made at least forty-eight (48) hours prior to the time of service. No shows or cancellations less than twenty-four (24) hours from the date of service are subject to full charge.
   • Reservations paid by cash are all sales final, we are unable to issue refunds for cash sales.
   • Once a refund has been approved, please allow up to fifteen (15) business days to see it reflected in your account.
6. Use and Provision of Services
   • Communications. We may communicate with you about your orders and reservations using the contact information provided via electronic mail, phone call and SMS/MMS services. We are not responsible for any charges incurred for use of any of the aforementioned communication methods. Please review our Privacy Policy (see Section 10) for more information on how we use your contact information and your rights for opting out.
   • Delayed or Missed Pick-Ups. Guests are advised to be at pick up location at least ten (10) minutes before designated departure time. Please also expect up to a fifteen (15) minute delay without notice for unexpected traffic conditions. Longer delays may occur due to traffic, weather, road conditions, or other unexpected circumstances outside of our control.
   • Compliance with Laws. You are expected to comply with all applicable laws at all times while on the transfer services and interacting with our personnel, agents and guests. We assume no liability for your or other guests’ actions while engaging in or with the services or products. Smoking is strictly prohibited in any of our vehicles per §328J of the Hawaii Revised Statutes (“HRS”). Per HRS §291-11.6, except where due to a provable pre-existing medical condition, all guests are required to wear a seatbelt, if available, at all times while in transit in one of our vehicles. Per HRS §291-11.5, child passenger restraint systems, such as car seats and booster seats are not required for travel in our vehicles.
   • Americans with Disabilities Act. If any special accommodations are needed due to disability, please include them at the time of booking. We will make all reasonable attempts to accommodate the needs of the disabled traveler. The maximum weight that our drivers can carry into the luggage compartment is fifty (50) lbs.  Drivers do not help with transfers, lifting, or other types of personal assistance.
   • Luggage and Personal Items. Guests are responsible for their own luggage and personal items. We assume no liability in the event of loss or theft of such property and will not be responsible for any losses incurred as a result. We are not responsible for any items left behind on any vehicle or at any pickup or drop-off location and guests are strongly encouraged to check carefully to ensure they have all of their belongings before embarking or disembarking the vehicle. Without limiting the foregoing, we will do our best to reasonably assist in recovering and returning your items to you when left behind. You may contact dispatch@randltaxi.com for assistance with any missing items. Any fees incurred by us in returning a left behind item must be paid for by its owner.
   • Feedback and Claims. We strongly encourage feedback on the services provided and will use best efforts to acknowledge and respond to any such feedback provided. We make no guarantee of improvement, compensation or remedy in response to any such feedback. Any correspondence received regarding your dissatisfaction with the services will be handled privately on a case-by-case basis. Any claims involving injury, damages, or disputes shall be handled in accordance with the dispute resolution process set forth in Section 13 unless otherwise agreed in writing between you and R&L Taxis & Tours LLC.
7. Disclaimers. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS.

8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for products and services performed and/or delivered within the US.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, randltaxi.com/privacy-policy.php, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Hawaii.
13. Dispute Resolution and Binding Arbitration.
    • YOU AND R&L TAXI & TOURS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

• The arbitration will be administered in the State of Hawaii by Dispute Prevention & Resolution, Inc. (“DPR”) in accordance with the DPR Arbitration Rules, Procedures and Protocols, except as modified by this Section (The DPR Rules are available at www.dprhawaii.com/dpr-rules or by calling DPR at 1-808-523-1234.)

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties in accordance with the laws of the State of Hawaii and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

• You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR R&L TAXI & TOURS LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of R&L Taxi & Tours LLC .
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail to reservations@randltaxi.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to P.O. Box 44310 Kamuela, HI. 96743. We may update the addresses for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by electronic mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.