Booking Terms and Conditions

1. YOUR CONTRACT WITH US

These Terms and Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, apply to your contract with Bahamas Air Tours Inc. (hereafter “Bahamas Air Tours”, “Company”, “Operator”, “us”, “we” or “our”) with our registed office at 4300 Biscayne Blvd, Suite 203, Miami, Florida 33137. By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “Passenger” and “you/your”) agree to be bound by these terms.

Please read them carefully as they set out our respective rights and obligations and you will be bound by them. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. Our acceptance of your deposit or payment, and the issuing of an invoice, forms a contract between us and the Lead Name (first named Customer) acting on behalf of all Customers in the party.

When you make a booking with us, you acknowledge and agree that we will be acting as an agent only for the relevant tour organiser or travel service provider, including in relation to tours that we arrange, and that neither Bahamas Air Tours nor any of its directors, employees or agents has any liability of any nature in connection with the relevant travel service, except as set out in these Booking Terms and Conditions. Any booking you make will be with the relevant travel service provider and not Bahamas Air Tours. The relevant travel service provider, and not Bahamas Air Tours, will be responsible to you for the provision of the relevant travel service. Any services we provide to you are collateral to our agency relationship with the travel service provider and are separate to the actual provision of the travel services.

IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE BAHAMAS AIR TOURS SERVICES.

Please refer to our website booking terms for the latest booking terms and conditions.

2. BOOKINGS

As a condition of your use of this Service, you warrant that (a) you are 18 years old or older if you are a Provider or Booking Agent’s representative ; (b) you possess the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will only use this Service to make legitimate listing and/or Bookings for you or for another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or Bookings; (f) you will inform such other persons about the terms and conditions that apply to the Bookings, including all applicable rules and restrictions, and obtain their agreement to be bound by the terms and conditions; (g) all information supplied by you is true, accurate, current and complete, (h) you will not use the Service to find a Provider or Customer and then complete the transaction independently of the Service, attempt to circumvent any obligation to pay any fee to Bahamas Air Tours, or make any Bookings in the anticipation of demand.

2.1 Making a Booking
To make a booking you can contact us either via our website at www.bahamasairtours.com or to make a booking enquiry contact us by telephone by calling the number on our website. The person making the booking (the “Lead Name” or first named Customer) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the Lead Name in all subsequent correspondence, including changes, amendments and cancellations. The Lead Name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all Customers and for passing on any information regarding the booking or any changes made in relation thereto to all Customers, including but not limited to information on schedule changes or copies of booking confirmations. Unaccompanied Customers under the age of 18 years need a letter of consent to travel alone from a parent or legal guardian. The minimum age for an unaccompanied Customer is 18 years of age on the date of departure.

2.2 Personal Booking Details and Compulsory Documentation
At the time of booking it is compulsory to provide all personal details and documentations; These include, Customer personal details, travel documents (e.g passport and visas, ESTA see section 4). You understand that incorrect or erroneous information provided on your booking form may result in denied boarding and cancellation of your booking without refund. If a booking agent or third party has made a booking on your behalf, it is your responsibility to ensure all correct Personal Booking details and compulsory documentation is provided to us as soon as possible and no later than 30 days before the tour date.
It is the Customer’s responsibility to provide correct personal and contact details at time of reservation. The Customer must check for their Confirmation Email which is sent after a reservation has been made. The customer must check they received their Confirmation Email to their correct email address and that their booking details and purchases are correct. If the customer has made an error or omission to their personal information, they are liable for the consequences of their error. If an invalid email address is provided by the Customer, it is possible the Customer will not receive their itinerary, flight details or when applicable their Hotel pickup time notification. We are unable to offer refunds for errors made by Customers during the reservation process.

THE CUSTOMER MUST CHECK FOR THEIR CONFIRMATION EMAIL AND VERIFY THEIR BOOKING DETAILS ARE CORRECT. WE DO NOT OFFER REFUNDS FOR ERRORS MADE BY CUSTOMERS DURING THE RESERVATION PROCESS.

2.3 Payments
Unless otherwise defined during the reservation process, full and final payment is required at the time of purchase. Payment is required to reserve spaces on the tour. We do not hold spaces without payment.   We accept most major debit and credit cards. You authorise us to charge all amounts payable by you in relation to the services provided to the card designated by you. If payment is not received from the issuer for any reason, you agree to pay us all amounts due immediately on demand. The cardholder is required to travel as part of the booking and should bring the payment card with them on the day trip for ID verification.  For all credit card payments you maybe requested to complete our Credit Card Authorization Form and provide a copy of your Government ID, as it is necessary to have a credit card signature authorization form on file.

2.4 Acceptance of Booking and Confirmation
Payment is required to reserve spaces on the tour. We do not hold spaces without payment.
Once a payment invoice is issued, you must pay it as soon as possible to avoid disappointment, as it is possible your requested date may sell out.
Confirmation of your booking and place on the tour is only made after both payment and issue of the confirmation email with flight tickets. Submission of the booking request forms or enquiry contact forms on our website does not confirm your booking.
If we accept your booking, we will issue a Booking Confirmation Invoice. When you receive the Booking Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in the Customer’s passport or government issued ID. It is essential that you ascertain whether or not you can obtain relevant visas and inoculations before making your booking.

2.5 Minimum Booking Requirements – Party Size
In order for a tour to go ahead we require a minimum tour group size. If the tour does not meet the minimum group size the tour maybe cancelled and you will be offered a full refund or opportunity to rebook for a different date.
Miami to Bahamas Day Trip – Minimum Tour Group Size is 2 persons. Solo Supplement applies to Solo Bookings.
Nassau to Exuma Day Trip – Minimum Tour Group Size is 5 persons.

2.6 Waitlisted Bookings and Pending Status
For bookings which fall outside of the available booking calendar, these will be “Waitlisted” and your booking order will remain in a “Pending” status. Waitlisted or Pending status bookings are unconfirmed bookings and the Operator makes no obligation to fulfil the booking or requested dates.

2.7 Additional Fees
We reserve the right to impose an additional fee for additional transportation costs imposed between the time of confirmation of booking and your departure date, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports and exchange rates. We do not accept responsibility for tourist taxes, resort fees or similar fees that are charged locally, which must be paid by you and are not included within your vacation package price.

2.8 Customers of Size
FAA regulations state that the average weight of a person is 170lbs (clothed). Because the aircraft are payload restricted, which means that the overall weight of Passengers can be more limiting than the number of seats available. We therefore have a requirement for Customers of Size (a person weighing more than 300lbs) to declare their Passenger weight on the booking form and they will be charged a “Customers of Size Fee”. See Section 13.1 Passenger Weights for further terms and conditions.

2.9 Nassau Cruise Ship Stopover Customers
We are unable to accommodate “Cruise Customers”, these are Customers who are travelling into/from Nassau on a cruise ship stopover, on our regular Nassau to Exuma Day Trip. We do offer Cruise Customers a Private Day Trip option, which Customers should contact us for pricing and availability. If a Cruise Customer makes a reservation onto our regular Nassau to Exuma Day Trip group tour, despite our written warnings on our website Tour Details page and Terms and Conditions page, and we have to cancel their booking, our standard Cancellation Terms apply, including payment of cancellation fees (see 3.1).

2.10 Handling of tour groups split across aircraft
We will always sit Customers traveling together (Customers within the same booking), together on the same tour boat. However due to aircraft Weight and Balance regulations or flight seat availability, it is possible that you are split up on different aircraft for the flights portion of the day trip. We therefore cannot guarantee you will be sat together, or travel on the same aircraft. We will always do our best to sit you together but there maybe very rare occasions where this is not possible. In the rare circumstance a group/couple is chosen to be split across aircraft, and according to the Weight & Balance requirements, we will choose the couple who booked the latest (most recent to the departure date). To avoid being split we recommend booking as far in advance as possible, or upgrade to one of our Private Day Trips with private flights.
If after having your group split, you decide not to travel, you will be handled by our restrictive Cancellation Policy, which means you would not be entitled to any refund in the case of a cancelation made: within 48 hours of tour departure, or an on the day of departure cancellation, or no-show.

3. CANCELLATIONS AND CHANGES

3.1 If You Change or Cancel your Booking
ALL CONFIRMED BOOKINGS ARE NON-CANCELABLE, NON-CHANGEABLE AND NON-REFUNDABLE.
In all cases there is NO REFUND once a booking is made and paid for. You have no right to a refund if you change or cancel your travel plans. All cancellation requests must be sent to Bahamas Air Tours in writing (email to: info@bahamasairtours.com). You must state in your written notice of cancellation that you “want to cancel your reservation” or words to that affect. Customers giving vaguely worded requests for refunds, credits, or variations of these Booking Terms will not be considered as a request for cancellation. The customer must explicitly state they request cancellation of their reservation. A Voicemail left with a notice of cancellation is not acceptable.
There will not be any refund for any unused portion of a tour.
If you “no-show” (do not present at check-in, by the required time, on the ticketed date of your tour), you will forfeit the full amount of your reservations. There are no refunds for no-shows. There are no date changes or any other changes allowed to tickets that have been no-show.

WE STRONGLY RECOMMEND YOU TAKE OUT INSURANCE THAT INCLUDES COVERAGE AGAINST IRRECOVERABLE CANCELLATION COSTS.

If, after our Booking Confirmation has been issued, you wish to make name changes to your existing booking we can only make the changes provided that notification is received in writing at our offices from the Lead Name and with 7 days notice before the confirmed departure date.

3.2 Requesting Changes to your Booking – Nassau to Exuma Day Trips
(a) Date changes (Nassau to Exuma Tours only) – Date changes must be requested in writing with us and must be requested at least 48 hours before the Tour Departure Date .
If the Date Change is requested greater than 10 days prior to the Tour Departure Date, the Date Change Fee is $100 per person.
If the Date Change is requested within 10 days prior to the Tour Departure Date, the Date Change Fee is $250 per person.
Date changes within 48 hours are subject to the discretion of our Supplier, who reserve the right to accept or decline the requested change. It is possible that the customer will have to pay a $400 per person Flight Rebooking Fee for issuing a new flight ticket for instances when a Booking Change is requested within 48 hours of the tour departure date.
DATE CHANGE FEES, FLIGHT REBOOKING FEES & NAME CHANGE FEES ARE STRICTLY NON-REFUNDABLE; even if we or the operator subsequently cancel your tour, you will not get any refund for Date Change Fees, Flight Rebooking Fees or Name Change Fees.
(b) Name changes (Nassau to Exuma Tours only) – Name changes are at the discretion of the travelling airline. If the airline offers a name change, the first name change will usually be free of charge. Any subsequent or second name changes incur a fee of $100 per person. Name changes must be requested at least 48 hours before tour departure date. If the airline is unable to offer a name change, the customer will have to pay a $400 per person Flight Rebooking Fee for issuing a new flight ticket with the new name. Requested changes must be requested in writing with us.

3.3 Requesting Changes to your Booking – Day Trips from Miami
(a) Date changes (Miami Tours only) – If a customer cancels* their reservation, they will be issued a credit on file. This credit can redeemed against the value of a new reservation and is valid for travel within 12 months.  If redeeming a credit from a Low Season departure date, towards a rebooking for a High Season departure date, you will have to pay the additional fare amount.  Change Fees apply as set forth below:
1. Changes requested at least 7 days prior to departure: No change fee.
2. Changes requested between 48 hours and  7 days before departure: $150 per passenger change/cancellation Fee.
3. Changes or cancellations within 48 hours of departure, and in the case of a No-Show, Customer forfeits ticket.
The net amount of the credit will remain in escrow until it is either used or expires. Upon expiration (12 months), all monies are forfeited by the participant. Extensions beyond 12 months are not possible. Changes and cancellations must be made by emailing the Tour Operator Makers Air at info@bahamasislandtravel.com . The time stamp on your email to us must reflect the 48-hour cutoff or no credit will be issued. If you call the office, you must speak to a representative who will note the change/cancellation in the system. A voice message left to this effect is not acceptable. No credit will be issued for a cancellation or schedule change made less than 48 hours prior to departure. In this instance, the entire flight/charter/day tour price is forfeited.
(b) Name changes (Miami Tours only) – Name changes are free of charge, but must be requested at least 48 hours prior to Tour departure.

3.4 Requesting Changes to your Booking – Day Trips from Great Exuma by Boat
(a) Date changes (Boat Tours from Great Exuma only) – Date changes must be requested in writing with us and must be requested at least 24 hours before the Tour Departure Date. Date Changes are offered without fees but will only be offered subject to availability. If there is no availability for your requested change, your reservation will be handled by our Cancelation Policy (3.1).
(b) Cancellation (Boat Tours from Great Exuma only)
Reservations cancelled more than 5-days prior to Tour Departure will be offered a credit or refund less 5% Card Processing Fee. Reservations cancelled within 5-days but more than 24 hours before the Tour Departure are strictly non-refundable and a credit will be offered to permit a rebooking within 12 months. Cancellations made within 24 hours of the Tour Departure and cancellations made on the Day of Departure (or No-Shows) are strictly non-refundable and the Customer forfeits the full amount of the reservation. Notice of cancellation must be given in writing.

3.5 Villa Accommodation & Vacation Package Bookings at Staniel Cay
If you cancel your reservation more than ninety (90) days prior to your Arrival Date, you will receive a full refund of your paid Rental Fee. If you cancel your reservation more than thirty (30) days and less than ninety (90) days prior to your Arrival Date, you will forfeit your fifty percent (50%) of the deposit fee paid. In the event you cancel your reservations within thirty (30) days of your arrival date, the entire deposit will be forfeited. We reserve the right to automatically cancel your reservation if payment is not received in full thirty (30) days prior to your arrival date. We will not issue refunds for no-shows, shortened stays because of late arrival or early departures, or inclement weather. If you are concerned about possible cancellation, we highly recommend obtaining travel insurance to cover your trip. In the event a Hurricane or Tropical Storm Warning is in effect 72 hours in advance of the check-in time and date, the trip will be rescheduled at a mutually convenient date within 6 months.

Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or Cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:

• (for Major Changes) accepting the changed arrangements or
• Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
• Cancelling or accepting the cancellation in which case you will receive a refund of all monies you have paid to us.

Due to the unpredictability of Force Majeure events (Section (6))  we shall not be liable for any changes either before departure or during the tour, which in our opinion are necessary to protect your safety.

3.7 Bad Weather Policy
Tours operate Rain or Shine. We may have to cancel tours ahead of time during adverse weather events. Weather cancellation is rare. Weather in the Bahamas is generally scattered clouds with isolated but fast moving thunderstorms. It is likely you may encounter a rain shower during your tour.
If you decide to cancel your reservation or curtail your tour, because you decide not to travel due to weather, you would be subject to our restrictive cancellation policy [If You Change or Cancel your Booking (Section 3.1)] and may not receive any refund.
If We/Operator cancel your tour in its entirety, prior to departure, due to weather you will be entitled to a reschedule (subject to availability), a credit or a refund.
The tour Operator may have to curtail or terminate the tour early due to weather or sea conditions, therefore we can’t guarantee all stops along the tour itinerary. Please refer to Force Majeure events (Section (6)) in these Booking Terms and Conditions.
Read more about our Bad Weather Policy in our FAQ here.

4. VISA, HEALTH, PASSPORT AND TRAVEL DOCUMENTATION

Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Bahamas Air Tours shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking.

Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Visit www.tsa.gov,  www.dot.gov,  www.faa.gov.us,  www.ustreas.gov,  www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov for non-USA citizens. (Customer is responsible to make Bahamas Air Tours aware when traveling on a passport from a country other than the USA.) Bahamas Air Tours neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Bahamas Air Tours is not responsible for lost payments made toward the contemplated trip.

USA – Travel Authorisation (ESTA) It is mandatory for anyone travelling to or transferring through the US under the Visa Waiver Program, to obtain approval to travel no later than 72 hours prior to travel by completing an online process ESTA (Electronic System for Travel Authorisation) scheme. The cost of an ESTA is currently approximately $14 per person and can be obtained by visiting https://esta.cbp.dhs.gov or the Visit USA Website at www.visitusa.org.uk where further information on the scheme and the up to date fee can also be found. Once completed and approved, the ESTA application is valid for two years and allows multiple visits without the need to reapply. Failure to obtain an ESTA could result in the Passenger being denied boarding by the airline.

Please note that USA rules regarding entry and exit change on a daily basis. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.

5. TRAVEL INSURANCE

For all travel we strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Every Customer should have full and valid medical insurance which includes cover for pre-existing medical conditions worldwide, or as a minimum, in the countries that the Customer is due to visit and which must remain in force for the entire duration of the Tours. The insurance policy should, as a minimum, include medical and repatriation coverage for not less than $2 million and must include cover for the cost of emergency evacuations from the Bahamas, including but not limited to, evacuations by helicopter.

TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S BOOKING TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES.

Employees of Bahamas Air Tours are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage.

6. FORCE MAJEURE

“Force Majeure” means, in relation to Bahamas Air Tours, any circumstances beyond the reasonable control of Bahamas Air Tours, (including, but without limitation, acts of God, explosion, epidemic, health risks, pandemics, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, hurricanes, defects in machinery and vehicles, delay, wildlife, unforeseeable technical problems with transport for reasons beyond our control or that of our Suppliers or other untoward occurrences).  There will be no refunds due to fear of travel from actual, threatened, or perceived violence or terrorist events.

Bahamas Air Tours shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.

If Bahamas Air Tours, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the tour. Payment of any refund by Bahamas Air Tours to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Bahamas Air Tours shall use its reasonable efforts to reimburse you where possible. However, Bahamas Air Tours shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Bahamas Air Tours of the Force Majeure and applicable cancellation fees.

7. OUR LIABILITY, CONDITIONS OF CARRIAGE AND LIMITATIONS

ALL CUSTOMERS ARE REQUIRED TO COMPLETE IN FULL THEIR OWN PARTICIPATION AGREEMENT/WAIVER AND SUBMIT SAME PRIOR TO FLIGHT OR TOUR ON THE DEPARTURE DAY. Participation Waivers are issued to the Lead Customer for every Participant to complete electronically before the tour departure date.

Neither Bahamas Air Tours, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, where such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. You further understand that if you purchase any optional activities that are not part of your pre-booked Tour itinerary (including, without limitation, shore excursions and tours, however conducted, airline flights and ground transportation), these activities are operated by independent contractors; the contract for the provision of that activity will be between you and the third party provider for such activity; the Company neither owns not operates the third party supplier; and accordingly, you agree to seek remedies directly and only against the third party supplier and not hold the Company responsible for their acts or omissions.

You understand and acknowledge that your travel on the Tour may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other Customers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the Tour, and that you are willingly and knowingly electing to participate on our Tours in spite of such potential risk of danger.

In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in our Tour activities, and you willingly and voluntarily assume full responsibility for any injury, loss or damage caused by you. It is your responsibility and obligation to inform the Company, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely travel on the aircraft or tour activities. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to the Company.

In consideration of the services and arrangements provided by the Company, you, for yourself, other Customers on your Tour, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of your negligence or caused by your breach of this contract, or which results from your acts, omissions or defaults or any person acting on your behalf , or which results from the acts, omissions or defaults of, or any claims asserted by, the other Customers on the Tour.

The Company’s maximum liability, for any reason whatsoever, will be limited to the amount paid by you to us for the tour. If any international convention applies to, or governs, any of the services or facilities included in your Tour or provided by us and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). Other than as set out above, and as is detailed elsewhere in these Terms and Conditions, we shall have no legal liability whatsoever to you for any loss or damage.

In the event medical care becomes necessary on your Tour, you may be hours or days travel by water, porter, animal, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at our aircraft location, and that the medical facilities and attention available aboard the aircraft or on the tour are limited. Decisions are made by the Company staff based on a variety of perceptions and evaluations of the situation at hand. The Customer understands and agrees to abide by these decisions.

You agree that no suit, whether brought in rem or in personam, shall be maintained against the Company for emotional or physical injury, illness or death, unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to the Company within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these booking conditions.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, BAHAMAS AIR TOURS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.

8. ONWARDS AND CONNECTING TRAVEL ARRANGEMENTS

We strongly recommend that you do not make travel arrangements to your point of departure or make any connecting travel that is non-refundable or non-changeable or incurs penalties or costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed on your departure documents. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.

9. SECURITY, SAFETY AND REFUSAL TO TRAVEL

Customers are expected at all times to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the aircraft and involved in the provision of any service or facility forming part of the Tour or any excursion, and the Customer expressly agrees to this

We reserve the right to refuse to accept a Customer or remove a Customer from a Tour if that Customer violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to himself/herself or others. In the event the Customer is so removed or his/her participation terminated, and any/all expenses from being removed or terminated, which include but are not limited to hotel accommodations and a return flight, are the responsibility of the removed Customer. The removed Customer will not receive any refund for the remaining portion of the Tour. If the Aircraft Captain or any of our tour staff or agents, in his/her reasonable discretion, believes that a Customer is disruptive or that he/she is suffering from a contagious disease, they can also refuse to let such Customer proceed with the Tour, disembark the Customer from a boat or aircraft, or remove the Customer from an accommodation or excursion/activity. If an aircraft is forced to make an unscheduled landing as a result of the conduct of any Customer, Bahamas Air Tours shall have the right to recover the full cost thereof from the Customer.

For security reasons, it may be necessary at any time to search Customers and/or their luggage and goods and the Customer agrees to allow such search upon being so requested by the Aircraft Captain or any other authorised person.

10. MEDICAL DECLARATION, FITNESS TO TRAVEL, MEDICAL CONDITIONS AND PREGNANCY

If you have a medical condition, or if you are pregnant and considering travel, you must consult with your doctor before you travel, especially if medical condition requires daily routine care, urgent care, or your pregnancy is high-risk. A medical certificate may be required. You are responsible for disclosing any related information to us during the Booking process. You understand Bahamas Air Tours is not in a position to provide any medical services or urgent care in the event such an action may be required. You are liable for any risks, incidences or consequences incurred during travel.

Any Customer with symptoms of COVID-19, or has been requested by authorities to self-isolate due to exposure with an infected person, must not travel on our tours. We encourage all customers to have Travel Insurance to cover irrecoverable cancellation costs.
There are Temperature checks for Customers. Should you have a high temperature you maybe denied boarding or have your boat tour cancelled.
Bahamas Air Tours or any of our Partners cannot be held responsible or liable for catching Coronavirus/COVID-19 on any of our Tours or Services. Customers accept there is a high risk of catching the virus despite all mitigating procedures that we put in place such as increased cleaning.
The Coronavirus was declared as a global pandemic. Therefore all bookings affected by Coronavirus are covered by our Force Majeure Booking Conditions Section 6, which mean you maybe adversely affected should we have to cancel or make changes to your booking.

11. ON BOARD THE AIRCRAFT

Passengers will not obstruct or interfere with the flight crew or tamper with or damage the aircraft in any way, and each will adhere to all applicable laws, rules, regulations and requirements of the United States, its governmental agencies or any other jurisdiction, including, e.g., Customs & Border Protection and Transportation Safety Administration. The TSA requires the Parties to follow and Client agrees to abide by all rules and guidelines set forth in the TSA prohibited items list found at www.tsa.gov. The Passenger agrees to be and is liable for all abuse and/or all beyond normal repairs or cleaning to the aircraft caused by Passenger. Abuse includes, but is not limited to extra cleaning, repairing, or replacing items damaged or altered by the Customer or Passengers.

ALL AIRCRAFT ARE NON-SMOKING.

12. HAZARDOUS MATERIALS

USA federal law prohibits Passengers from bringing hazardous materials on the aircraft. All firearms and weapons are strictly prohibited from all Bahamas Air Tours aircraft and tours. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the Passenger’s luggage or on the Passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the Passenger’s luggage and certain smoking materials carried on the Passenger’s person. For further information, each Passenger should contact the relevant air line representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.

13. CHECK-IN FOR TOURS, PASSENGER WEIGHTS & BAGGAGE POLICY

All Customers must check-in for their flight prior to the scheduled departure time, which is detailed in their tour itinerary. Failure to arrive at the departure airport by check-in closure will result in your booking cancellation with no refunds.
For the Miami to Bahamas Day Trip Check-in opens at Fort Lauderdale Executive Airport 1 hour prior to departure and closes 30 minutes prior to departure.
For the Nassau to Exuma Day Trip Check-in times vary depending on which flights you are booked on. Please refer to your itinerary confirmation email.

13.1 Customers of Size
Aircraft are operated under FAA regulations which state that the average weight of a person is 170lbs (clothed). Because the aircraft are payload restricted, which means that the overall weight of Passengers can be more limiting than the number of seats available. We therefore have a requirement for Customers to declare their weights on the booking form.
If a Customer’s weight is declared as more than 300lbs, the Customer is required to pay for an additional seat, a “Customers of Size Fee”. The calculation of the “Customers of Size Fee” is based on tour type, aircraft type and boat type. The Customer should contact the operator in advance to discuss the requirements of the Customers of Size Fee and the amount of the fee payable. Failure to pay the fee will result in denied boarding, and their booking will be cancelled without refund.

13.2 Baggage Policy
For Customers on a Day Trip booking you are limited to a small day bag with maximum weight of 10lbs (pounds) and maximum dimensions of 24x16x12 inches. All baggage will be weighed as part of the Check-in process on the departure day.

14. LIMITATION ON LIABILITY FOR BAGGAGE

Bahamas Air Tours assumes NO LIABILITY for any items left by a Customer in the Passenger compartment of the aircraft. Bahamas Air Tours is not liable under any circumstance for loss or damage to money, jewelry, collector’s items, silverware, furs, artistic items such as paintings, clocks and watches, negotiable papers or securities, business documents, eyeglasses, cameras, electronic or computer equipment, photographic equipment, medications, mechanical, recreational, or sporting equipment, items made of paper, perishable items, x-ray items and other light-sensitive materials; toys, infant seats, strollers or other similar valuable items included in a Customer’s checked or unchecked baggage with or without knowledge of the carrier. Bahamas Air Tours is not responsible for damage to luggage arising from normal wear and tear of ordinary handling, including scratches, scuffs, puncture, stains, and marks. Bahamas Air Tours assumes no liability whatsoever for damaged or loss of baggage.

15. PHOTOGRAPHS/VIDEOS

Bahamas Air Tours reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Bahamas Air Tours may use the photograph/video in publications or other media material produced, used or contracted by Bahamas Air Tours, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact Bahamas Air Tours in writing of his/her intentions and include a photograph.

16. USE OF EQUIPMENT INCLUDING POWERED CARTS

If your tour includes the provision of equipment for loan including powered carts, the Customer agrees to abide by all of the Rules and Regulations as set out in any rental agreements. The Customer agrees to keep said property in the same condition as when received. It is expressly understood and agreed that no right of action whatsoever shall accrue to the operator or Lessor (Cart Rental supplier) for damages of any kind whatsoever, whether to person and/or property, and/or for loss of time and/or other loss of damage, arising from the use of, operation of, or in any way connected with the said property of any part thereof, from whatever cause arising. The Customer agrees to hold all parties free and harmless from all such damage. The Customer expressly acknowledges personal liability to pay Lessor costs to repair all damages to said property and Lessor’s costs including attorney fees incurred in collection of payments due from Lessee hereunder. The full agreement between the Lessor and Lessee is contained herein, and time is made of the essence of this agreement. The receipt of all above described property, in good order and repair is hereby acknowledged by Lessee.

The Customer is required to register a valid credit card with the Lessor (Cart Rental supplier).

17. COMPLAINTS

Any problem which arises during a Tour must be raised by the Customer at the time with a representative of Bahamas Air Tours. If the problem is not resolved to the full satisfaction of the Customer during the Tour, it is essential that to enable the complaint to be investigated properly it must be notified in writing to Bahamas Air Tours at the earliest opportunity thereafter and in any event no later than 7 days after the Customer’s return from the Tour. Failure to report the complaint within this time may adversely affect Bahamas Air Tour’s ability to investigate and deal with it and may prejudice any future claim.

18. LAW & JURISDICTION

Any controversy or claim arising out of or relating to this Agreement, whether brought in rem or in personam, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in the Miami Dade County of the State of Florida, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Florida law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth in this provision.

This Agreement and any actions and proceeding shall be governed by the laws of the State of Florida without regard to conflict of laws principles, with the exception of any admiralty or maritime claims, which shall be construed under the admiralty laws of the United States. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Agreement shall be exclusively in the courts of the State of Florida, or if it has or can acquire jurisdiction, in the United States District Court for the District of Florida, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.

In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Except as otherwise expressly provided to the contrary, this Agreement is for the benefit of the Company and the Customer. This Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of the Company and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.

19. SELLER OF TRAVEL

Bahamas Air Tours Inc. is registered with the State of Florida as a Seller of Travel. Registration No. ST41785

Any rights not expressly granted herein are reserved.

The last update to our Booking Terms and Conditions was posted on 11/01/2023