Welcome to the Baldyga Group, LLC (www.bestguamtours.jp) website (the “Website”). Baldyga Group, LLC is the owner and operator of a variety of tours, and offers its tours, tickets and services (“products”) through this Website. This Website is provided to assist customers in gathering information, determining availability of the products, making legitimate reservations or otherwise transacting business with Baldyga Group, and for no other purposes.
Your use of this Website is expressly conditioned on your acceptance of the Baldyga Group’s Terms & Conditions, which contain legal obligations, we therefore encourage you to read the Terms & Conditions carefully. These Terms & Conditions forms the basis in which Baldyga Group accepts bookings. By accessing or using this Website, booking any reservations for products, or contacting our call center agents, you agree to be legally bound by the Terms & Conditions then in force, which shall take effect immediately.
If you do not agree to be legally bound by these Terms & Conditions, please do not access, use, or book any reservations through this Website or our call center agents.
TERMS OF USE
As a condition of your use of this Website, or any Baldyga Group affiliated website, you agree and warrant that:
1. You are at least 18 years of age;
2. You possess the legal authority to create a binding legal obligation;
3. You have full power and authority to enter into these Terms & Conditions and in doing so will not violate any other agreement to which you are a party;
4. You will use this Website in accordance to these Terms & Conditions;
5. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
6. You will inform such other person(s) about the Terms & Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
7. You have not previously been suspended by Baldyga Group or otherwise banned from this Website;
8. You are not a direct competitor of Baldyga Group;
9. You do not have more than one Baldyga Group account at any given time;
10. You agree to use Baldyga group websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of any Baldyga Group websites; and
11. All information supplied by you on this Website is true, accurate, current and complete; and if you have a Baldyga Group (www.bestguamtours.kr) account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you;
Baldyga Group retains the right at our sole discretion to deny access to anyone to this Website and the products we offer, at any time and for any reason, including, but not limited to, for violations of these Terms & Conditions.
Please note that from time to time we review the Terms & Conditions, which may result in making revisions to the Terms & Conditions. Baldyga Group recommends that you periodically review this page to ensure you viewed the current version. You can determine when the Term & Conditions was last updated by reviewing the “LAST UPDATED” legend below.
Your continued use of any Baldyga Group websites after changes are posted means you agree to be legally bound by the Terms & Conditions as updated and/or amended.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price information, logos, and availability of products) as well as the infrastructure used to provide such content and information, is proprietary to us and/or FareHarbor. While you may make limited copies of your tour itinerary (and related documents) for reservations purchased through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to, and will not assist or enable others to:
1. Use this Website or its contents for any commercial purpose, or for any purpose that is unlawful or prohibited by these Terms and Conditions;
2. Use this Website to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. Use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of this Website;
4. Use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
5. Use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
6. Use the Website to promote bigotry or discrimination against protected classes;
7. Use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
8. Use the Website to submit or transmit pornography or illegal content;
9. Use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
10. Access, gather, monitor or copy any content, information or trademarks of this Website using any robot, spider, crawler, spyware, scraper, engine, device, software, extraction tool, or any other automated devices or means or any manual process of any kind, for any purpose;
11. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
12. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
13. Deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
14. “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
15. Impersonate any person or entity.
If your booking or account shows signs of fraud, abuse or suspicious activity, Baldyga Group may cancel any reservations associated with your name, email address or account, and close any associated Baldyga Group accounts. If you have conducted any fraudulent activity, Baldyga Group reserves the right to take any necessary legal action and you may be liable for monetary losses to Baldyga Group, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Baldyga Group Customer Service.
USER ACCOUNTS
In order to use some of the features on this Website, you will need to create a user account and provide certain personal information about yourself. Responsible for safeguarding and maintaining the confidentiality of your account password is your. You are also responsible for all activities that occur in connection with your account, and you agree to promptly notify us of any unauthorized use of your account.
Your user account is for your personal, non-commercial use only. You agree not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create more than one account.
Baldyga Group reserves the right to close your user account at any time for cause or no cause, as further detailed in the “Account Termination” section below.
CONTENT
We appreciate hearing from you and we welcome your contribution to this Website, which can be share with us in a number of different ways, including writing reviews, uploading photos, completing your public profile, and rating other users’ contributions (your “Content”).
Please be aware that submitting your Content by postings on this Website, which may include reviews, photos, videos, questions, comments, or suggestions, you hereby grant Baldyga Group, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content in any media, now known or hereafter devised; and (b) use you name and hometown, as you submit in connection with such submissions of your Content. You also acknowledge and agree that we may, in our sole discretion, choose to provide acknowledgment of your Content. You acknowledge and agree that your Contents are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may exist in your Contents and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Contents by us. We accept no responsibility and assume no liability for any Contents you posted or submit. We are not obligated to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not agree to these Terms, please refrain from provide us with any Contents. We shall have the right, but shall not be obligated, to monitor and review Contents and any other information transmitted or received and to censor, edit, remove or prohibit the transmission or receipt of any information or Contents (in whole or in part) that we deem inappropriate or in violation of these Terms & Conditions. During monitoring process, your Contents may be examined, recorded or copied, and your use of this Website constitutes your consent to such monitoring and review.
You accept full responsibility for your Contents (including, but not limited to, reviews posted to this Website). You acknowledge that you are prohibited from posting or transmitting to or from this Website any of the following: (i) any unlawful, obscene, threatening, libelous, defamatory, pornographic, or other content or material that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial content or material (including, but not limited to, advertising, solicitation of funds, or marketing of any good or services); (iii) any content or material that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any material or content that contains a virus, bug or other harmful item. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website. You acknowledge that we may exercise our rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit multiple reviews for the same tour, only your most recent submission will be eligible for use.
All photos submitted shall be subject to our Photo Submission Guidelines below. Baldyga Group claims no ownership, affiliation with, or endorsement of any photos that are submitted by any end users through this Websites.
You alone are responsible for your Contents. You assume all risks associated with your Contents, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Contents that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Submission as described herein. You may not imply that your Submission is in any way sponsored or endorsed by Baldyga Group.
PHOTO SUBMISSION GUIDELINES
Any and all photos you submit must be:
b. Any photos or materials submitted that invade the privacy or violate any personal right of any person or entity are strictly prohibit and will be deleted immediately.
c. Any photos or information submitted about children without parental consent are strictly prohibited and will be deleted immediately.
d. Any photos or information submitted about any third parties without their consent are strictly prohibited and will be deleted immediately.
4. Non-commercial Photos — Submitting photos that include logos, branding, promotional material, or any other content intended for commercial purposes is strictly prohibited.
5. Prohibition of Harmful files — Submitting photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Baldyga Group and our users, is strictly prohibited.
PRODUCT VALIDITY, MODIFICATIONS & AMENDMENTS
All Products offered by Baldyga Group are valid as per the dates displayed on this Website or at any Baldyga Group-affiliated website. Baldyga Group shall not be responsible or liable for any information that it does not directly provide.
Any requests to modify or amend the date(s) of an existing booking must be directed to the Baldyga Group Customer Care Team who will process the request. Baldyga Group does not charge a fee to amend or change the date(s) of an existing booking, so long as our Customer Care team with five (5) or more days ahead of your confirmed date receives your request. Date-change requests and amendments are subject to availability; Baldyga Group cannot guarantee the success of any date-change request. Any request for a date change within five (5) days or less of your confirmed travel date, Baldyga Group will attempt to honor your request; however changes made five (5) days or less from your original travel date may be subject an additional fee.
Any changes or amendments to your itinerary once your purchase is completed, if purchased using a Baldyga Group promotion code, or discount or special-offer price during the Baldyga Group checkout process, may invalidate your discount or special-offer price. Baldyga Group may at its sole discretion decide to honor your discount or special-offer. However Baldyga Group reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.
From time to time, changes must be made to tour dates, prices, inclusions, coverage, age requirements, etc. as a result of weather or for other reasons. As a result, Baldyga Group reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked through this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
Notwithstanding the above, when advance notice is provided to us of a significant change to a booking and/or to a tour, product or event, we will make every reasonable effort to notify the consumer, distributor and/or travel agent as may be appropriate, in order to amend or re-issue the booking where achievable.
PRICING & INCLUSIONS/EXCLUSIONS
Baldyga Group, from time to time, may offer various tour discounts, specials or coupons, through this Website, online marketing, and/or print materials on the islands of Guam or Saipan to promote its Products. All prices listed on this Website are extremely discounted prices and no further discounts or coupons may be applied to any booking made through this Website.
Unless otherwise stated, all prices listed on this Website are per person and only one discount may apply per booking. Prices are inclusive of local taxes and are based at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Baldyga Group. Until a booking has been confirmed and paid in full, all price quotations are subject to change without notice.
Prices do not include tips/gratuities for tour directors, drivers or local guides; insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of Baldyga Group-affiliated websites.
PAYMENTS & CANCELLATIONS
Baldyga Group accepts the following credit cards: Discover, JCB, Diners Club, Mastercard, Visa, American Express. There is no charge or service fee for processing bank, credit or debit card payments besides the online booking fee.
Payment in full by bank, credit or debit card is required in order to complete a reservation. Payment(s) will be listed as “Baldyga Group” on the, bank, credit or debit card statement. Some banks and credit or debit card companies may convert the payment amount to your local currency and charge you a conversion fee. This means that the amount listed on your credit, debit or bankcard statement may be in your local currency and therefore may be a different figure than the figure shown displayed on this Website at the time your purchase was completed. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. We recommend that you contact your bank, credit or debit card company should you have any questions concerning the fees or the exchange rate applied to your purchase.
Baldyga Group reserves the right to cancel tours due to inclement weather, foreseeable hazards, insufficient bookings, or events beyond our control. In these events, full refunds will be made or alternative dates offered.
Absolutely no refunds will be available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services have been utilized.
Canceling a confirmed booking with Baldyga Group may result in cancellation fees being imposed by Baldyga Group, as outlined below. When canceling any booking you will be notified via email, facsimile or telephone of the total cancellation fees.
Ride the Ducks Important Policy:
- Ride the Ducks Guam tour operates rain or shine, if Ride the Ducks Guam is unable to provide the water portion of the tour due to weather and/or ocean conditions, there will be no refund. Tour may be cancelled at the last minute due to mechanical, weather and/or ocean conditions. Please provide contact information upon booking.
The Beach Restaurant & Bar Table Reservation Cancellation Policy:
- Effective February 3rd, 2022, for groups with 30 people or less:
Before 5 PM the day before the event: No charge./ 100% refundable.
After 5PM the day before the event: 100 % charge of rate/ Non-refundable. - For groups with 31 people or more and for all exclusive reservations:
Before 5PM 8 days prior to the event: No charge/ 100% refundable.
After 5PM 8 days prior to the event: 100 % charge of rate/ Non-refundable.
Ex: If the event is on the 12th Saturday, you must cancel or reschedule by the 4th Friday at 5 PM.
BIG Sunset Cruise – Dinner & Dolphin Watching
- No refunds will be given in the event of not seeing dolphins.
Individual Tour
- Before 5PM the day before of the tour or more days before the event: No charge.
- After 5PM the day before of the tour or less before the event: 100 % charge of rate for each package.
- On the day of the tour: Absolutely 100 % charge of rate for each package and no changes are acceptable.
Group Tours (more than 15 pax) in the case of all group cancel:
- Thirty one (31) days or more before the event: No Charge
- Fifteen (15) days to thirty (30) days before the event; 20% of Total Price
- Eight (8) days to fourteen (14) days before the event; 50% of Total Price
- Seven (7) days or less before the event; 100% of Total Price
Group Tours for exclusive usage in the case of exclusive usage cancel:
- Ninety-one (91) days or more before the event: No Charge
- Thirty-one (31) days to Ninety (90) days before the event; 50% of Total Price
- Fifteen (15) days to Thirty (30) days before the event; 75% of Total Price
- Fourteen (14) days or less before the event; 100% of Total Price
PAYMENT PROCESSING & FEES
Under this agreement, the payment processing services for Products purchased on this Website are provided by Baldyga Group and/or third party reservations and credit card processing companies on behalf of Baldyga Group LLC and various affiliated companies. In consideration for using the service, you agree to pay the total amount included with the Booking, including any related charges, fees, deposits and taxes.
MEMBER ONLY DEALS
Special discounts and time-limited promotions are made available only to Registered Baldyga Group users. In order to browse or book a Member Only Deal, you must have a Baldyga Group User Account. Member Only Deals are confirmed instantly upon booking and all sales are final.
Since Member Only Deals are time sensitive, and limited in nature, if you amend a Member Only Deal, you will be charged the then prevailing rate for said Product. If you cancel a Member Only Deal, you will be charged a 100% cancellation fee.
VOUCHERS
Baldyga Group will provide you with a personalized electronic reservation confirmation for each Product booked through this Website or our call center agents. This reservation confirmation will include your confirmation number.
We recommend you print the reservation confirmation and bring it with you or, at a minimum, have access to the electronic reservation confirmation number. Your reservation may not be honored or redeemed without presenting a valid confirmation number.
For security purposes and to helps us to prevent fraud, when redeeming your reservation, you must present a valid Photo ID. In some cases Baldyga Group also requires that you present the credit or debit card used to purchase your tour or ticket at the time of redemption. This helps us to prevent credit-card misuse.
DISCLAIMERS & LIMITATIONS OF LIABILITY
All of the contents on this Website are provided on an “as is” and “as available,” basis without representation or warranty of any kind, expressed or implied. To the fullest extent permissible pursuant to applicable law, Baldyga Group disclaims all warranties, express or implied, including warranties of merchantability and/or fitness for a particular purpose.
Baldyga Group does not warrant that the functionality of this Website or the sites of any third party to which this Website is link with will be (i) uninterrupted or error-free, (ii) free of viruses or other harmful components, or (iii) that defects will be corrected. You should not assume that the content on this Website is accurate or up-to-date at all times, or that this Website contains all relevant information available about Baldyga Group, our affiliate and attractions, or third party organizations. We are under no obligation to verify or maintain the currency of such information.
Under no circumstances will Baldyga Group be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, arising from your use of this Site, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, unavailable or interrupted network connections, breach of security, or viruses, worms, or other harmful components, even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Baldyga Group is not liable for any defamatory, offensive or illegal content posted to this Site or for the conduct of any Site user. If you are dissatisfied with this Website, its content, or these Terms & Conditions, your sole and exclusive remedy is to discontinue using this Website. You agree to indemnify, defend and hold harmless Baldyga Group, its directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney fees arising from or related to any breach by you of these Terms & Conditions or applicable law, your negligent or willful act or omission while using this site, or your infringement of the intellectual property rights of Baldyga Group or any third party content provider of this Website.
Baldyga Group and its agents and suppliers, in making arrangements for tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any carrier or other company or person providing services included in the tours.
Furthermore, Baldyga Group and its agents and suppliers assumes no responsibility for any labor disputes, machinery breakdown, government restrains, sickness, pilferage, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
If any of these terms are deemed to be invalid, illegal or otherwise unenforceable by reason of the laws of any country or state in which these terms are intended to be made effective, then to the extent in which said term(s) is/are invalid, illegal or otherwise unenforceable, said terms shall be severed and deleted from these terms and all remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
WAIVER AND RELEASE OF LIABILITY
All ticket holders acknowledge that by purchasing or by being provided tickets for Baldyga Group Tours, they have fully read this agreement.
All attendee understands that the Baldyga Group Tours are subject to safety measures to protect and ensure the safety of all passengers. It is an activity that contains certain risks and dangers.
Knowing this, all ticket holders, nevertheless, will participate in the Baldyga Group Tour and voluntarily assume responsibility for all risks, known and unknown, and hereby release, waive, discharge, hold harmless, defend and indemnify Baldyga Group, LLC (SandCastle, Ride the Ducks, BIG Cruises, Lina La, Zoh) or any successors, its owners, officers, employees from all liabilities, claims, demands, or causes of action that all attendees may hereafter have for injuries and damages arising from the Baldyga Group Tours.
ACCOUNT TERMINATION
Baldyga Group may cancel, suspend, or terminate your account and right to use this Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your account, this Website, your Content, Site Content, or any other related information.
You may terminate the Terms of Service at any time by closing your account and discontinuing your use of any and all parts of this Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.