TERMS AND CONDITIONS
Service / Brand: Discover Roatan™ Excursions & Tours (“DRET”)
Operating Entity (Honduras): Poseidon Corporation S.A. d/b/a Discover Roatan™ Excursions & Tours
Contracting Entity (United States): Discover Roatan Excursions & Tours, LLC
Website: https://discoverroatan.net
Effective Date: March 31, 2013
Last Updated: January 1, 2025
1. AGREEMENT TO TERMS
These Terms and Conditions (the “Terms” or “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “Customer,” or “Participant”) and (i) Poseidon Corporation S.A., a corporation organized under the laws of the Republic of Honduras, doing business as Discover Roatan™ Excursions & Tours, the operating entity for excursions, tours, transportation, and related services delivered in Roatán and the Bay Islands, Honduras, and (ii) Discover Roatan Excursions & Tours, LLC, a limited liability company organized under the laws of the United States, the contracting entity for online reservations, payment processing, billing, and U.S.-side customer service (collectively, “Company,” “we,” “us,” “our,” or “DRET”).
By visiting our website, requesting a quote, making a reservation, purchasing a tour or excursion, signing a Waiver Form, boarding any vehicle or vessel operated by or on behalf of DRET, or otherwise participating in any service we offer (each a “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Booking Policy, and our Privacy Policy, each of which is incorporated into this Agreement by reference.
If you do not agree to these Terms, do not book, purchase, or participate in any Service.
2. DEFINITIONS
For purposes of this Agreement:
- “Booking” means a confirmed reservation for any Service, evidenced by a paid invoice, ticket, or order confirmation.
- “Booking Policy” means the document available at https://discoverroatan.net/booking-policy/, as updated from time to time.
- “Privacy Policy” means the document available at https://discoverroatan.net/privacy-policy/, as updated from time to time.
- “Participant” means each individual taking part in a Service, including the person who made the Booking and any additional guests included in or added to that Booking.
- “Service” or “Services” includes, without limitation: wildlife and animal encounters; ground transportation, shuttle, transfer, and pickup/drop-off services; combination, multi-stop, and full-day excursions; snorkeling, swimming, and other in-water activities; private charters; guided tours; access to the website https://discoverroatan.net; and any related products, content, or experiences provided by DRET.
- “Third-Party Suppliers” means independent operators that provide goods or services in connection with a Service, including without limitation taxi and transportation operators, boat operators, dive operators, restaurants, attractions, parks, animal habitats, resorts, and air carriers.
- “Released Parties” has the meaning given in Section 8.
- “Waiver Form” means the separate Release & Waiver of Liability that each Participant (or the parent or legal guardian of a minor Participant) is required to execute prior to participation, as referenced in the Booking Policy.
3. ELIGIBILITY AND CAPACITY
You represent and warrant that you (a) are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract; (b) are providing accurate and complete information; and (c) will use the Services only for lawful purposes and in accordance with these Terms.
Participants of all ages are welcome on DRET Services unless a specific Service expressly states otherwise. All Participants under the age of eighteen (18) must be accompanied at all times by a parent or legal guardian, who is solely responsible for their conduct and safety, must sign the Waiver Form on the minor’s behalf, and assumes all rights, obligations, and risks of this Agreement on the minor’s behalf. DRET may refuse service to any unaccompanied minor in its sole discretion.
4. BOOKINGS AND PAYMENT
All Bookings are governed by the Booking Policy, which is incorporated into and forms part of this Agreement. The Booking Policy controls (without limitation) reservation procedures, accepted forms of payment, currency, payment timing, deposit and full-payment rules, proof-of-booking requirements, partial-group adjustments, cruise port-day handling, weather cancellation, and refund-request procedures.
Payment for online Bookings is processed by, and the contracting payee is, Discover Roatan Excursions & Tours, LLC. Operational delivery of the Services in Honduras is performed by Poseidon Corporation S.A. d/b/a Discover Roatan™ Excursions & Tours. Both entities are bound by, and entitled to enforce, this Agreement.
In the event of any conflict between these Terms and the Booking Policy with respect to booking, payment, or refund mechanics, the Booking Policy controls. In the event of any conflict between these Terms and the Booking Policy with respect to liability, waiver, indemnification, governing law, dispute resolution, intellectual property, photography release, force majeure, or any other legal matter, these Terms control.
All prices are quoted and payable in U.S. Dollars (USD) unless expressly stated otherwise in writing. DRET is not responsible for currency-conversion fees, foreign-transaction fees, or exchange-rate differences imposed by your bank or card issuer. You agree that any chargeback, credit-card dispute, or payment-network claim filed in contradiction of the Booking Policy refund tiers, or in respect of a Service that was delivered as described or that you no-showed for, constitutes a breach of this Agreement, and DRET may recover the full disputed amount, processing fees, and reasonable collection and legal costs from you.
5. CANCELLATIONS, REFUNDS, AND CHANGES
Cancellations, refunds, transfers, and rescheduling are governed by the Booking Policy. You are responsible for reading and understanding the Booking Policy in full before completing your purchase. Refund eligibility, deadlines, processing fees, refund-payment timing, and approved channels for refund requests are set out in that document.
DRET reserves the right, in its sole discretion and without prior notice, to:
(a) cancel, postpone, modify, shorten, lengthen, or reroute any Service;
(b) substitute vehicles, vessels, guides, routes, attractions, animals, or itineraries;
(c) refuse, suspend, or terminate participation by any Participant whose conduct is, in the reasonable judgment of DRET, detrimental to the Service, the safety of any person or animal, or the enjoyment of other Participants; and
(d) decline to provide service to any individual not listed on the Booking, whose identification cannot be verified, or whose presence would exceed posted capacity limits.
Where DRET cancels a Service due to weather, mechanical issues, safety conditions, animal welfare, regulatory action, cruise-line schedule change, port closure, or any other operational reason, our remedies are limited to those described in the Booking Policy.
6. PARTICIPANT RESPONSIBILITIES AND CONDUCT
You agree, on behalf of yourself and any minor in your care, that during all Services you will:
(a) follow all instructions, safety briefings, and directions given by DRET guides, drivers, captains, staff, and any host venue or animal handler;
(b) arrive at the designated meeting point at the designated time, with all required documents (printed paid invoice or order confirmation, valid government-issued photo identification, signed Waiver Form);
(c) refrain from consuming alcohol or recreational drugs prior to or during any Service to a degree that would, in DRET’s judgment, impair your ability to participate safely;
(d) not bring weapons, illegal substances, or hazardous materials onto any vehicle, vessel, or tour site;
(e) treat staff, fellow Participants, host-community members, and animals with respect and avoid disruptive, abusive, harassing, threatening, or unlawful behavior;
(f) comply with all applicable laws of Honduras and any host country, including but not limited to wildlife-protection, environmental, marine-park, customs, and immigration laws;
(g) accurately disclose any medical condition, physical limitation, allergy, pregnancy, recent surgery, or other circumstance that could affect safe participation; and
(h) be financially responsible for any damage you cause to DRET property, Third-Party property, or any Participant.
DRET may remove any Participant who violates this Section without refund, and the Participant shall bear all costs of removal, transportation, lodging, and onward travel.
7. HEALTH, FITNESS, AND MEDICAL DISCLOSURE
Participation in DRET Services may involve walking on uneven terrain, exposure to heat, humidity, sun, insects, marine life, and animals, motorized transportation on Honduran roads and waterways, water entry, and other physical demands. You represent that you and any minor in your care are in sufficient physical and mental health to participate safely.
You agree to disclose, in writing and in advance, any condition that could affect safe participation, including without limitation: cardiovascular or respiratory conditions, mobility limitations, recent surgery, pregnancy, severe allergies (including to insect stings, latex, animal dander, or food), seizure disorders, immuno-compromise, or psychiatric conditions that could be triggered by close-proximity animal interaction or in-water activity.
DRET does not provide and does not carry medical, accident, life, property, or trip-cancellation insurance for Participants. You are solely responsible for obtaining adequate travel, medical, evacuation, and trip-cancellation insurance. DRET strongly recommends that all Participants secure such coverage prior to travel.
In the event of a medical emergency, you authorize DRET and its personnel to summon emergency medical services at your sole cost and expense. DRET and its personnel are not medical professionals and will not be liable for the timing, availability, quality, or cost of any emergency response or medical care.
8. ASSUMPTION OF RISK; WAIVER AND RELEASE
EACH PARTICIPANT (AND, FOR MINORS, THE ACCOMPANYING PARENT OR LEGAL GUARDIAN) MUST EXECUTE A SEPARATE WAIVER FORM PRIOR TO PARTICIPATION. Participation will not be permitted without a fully executed Waiver Form, and no refund will be provided for failure to sign. The Waiver Form is in addition to, and not in lieu of, this Agreement.
You acknowledge that the Services involve inherent and unavoidable risks, including, without limitation:
- Animal-related risks: bites, scratches, allergic reactions, transmission of zoonotic diseases, unpredictable animal behavior, and the possibility that animals may not be visible or available for interaction;
- Transportation risks: motor-vehicle accidents, vessel accidents, road conditions, traffic, mechanical failure, weather-related delays, and missed cruise departures or onward flights;
- Water and marine risks: drowning, submersion, marine-life stings and abrasions, currents, and exposure;
- Environmental risks: tropical heat, sun exposure, dehydration, slippery surfaces, uneven terrain, insects, and natural-disaster events;
- Health risks: pre-existing or undiagnosed medical conditions aggravated by activity; and
- Third-Party risks: acts or omissions of Third-Party Suppliers, host venues, other Participants, or members of the public.
To the fullest extent permitted by applicable law, you knowingly, voluntarily, and expressly assume all such risks, whether known or unknown, foreseen or unforeseen, and release, waive, discharge, and covenant not to sue Poseidon Corporation S.A., Discover Roatan Excursions & Tours, LLC, and each of their parents, subsidiaries, affiliates, owners, members, managers, officers, directors, employees, agents, contractors, guides, drivers, captains, and Third-Party Suppliers (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your participation in the Services, except where caused by the gross negligence or willful misconduct of the Released Parties and to the extent such limitation is prohibited by applicable law.
9. WILDLIFE AND ANIMAL ENCOUNTERS (SERVICE-SPECIFIC)
Sloth, monkey, bird, marine, and other wildlife encounters carry additional, specific risks that you knowingly assume:
(a) Bites, scratches, and allergic reactions. Even calm, habituated animals may bite, scratch, urinate, defecate, or otherwise react unpredictably. DRET disclaims liability for any injury or illness, including zoonotic infection, arising from any animal interaction.
(b) Guide and handler instructions are mandatory. You must follow all directions from guides and animal handlers regarding distance, contact, lighting (including flash photography), feeding, and handling. Reckless approach, provocation, feeding, or harassment of any animal is grounds for immediate removal from the Service without refund.
(c) No guarantee of sightings. Wildlife is wild. DRET does not warrant that any specific species, individual animal, behavior, or photograph opportunity will be present, available, or accessible during any Service.
(d) Regulatory penalties. Honduran and Bay Islands wildlife-protection authorities may impose fines or penalties for harm caused to a protected animal. Any such fine, penalty, veterinary cost, or replacement cost arising from your conduct is your sole responsibility, and you agree to indemnify DRET in full for any such amount paid or incurred by DRET on your behalf.
(e) Hand sanitation and disease prevention. You agree to follow all hand-washing and sanitation protocols required by DRET or the host habitat before and after any animal contact.
10. TRANSPORTATION AND SHUTTLE SERVICES (SERVICE-SPECIFIC)
Where a Service includes ground transportation, transfers, or shuttle service:
(a) Booking-agent role. Where DRET engages independent taxi, shuttle, charter, or air-transport operators, DRET acts solely as a booking agent and is not the carrier. DRET disclaims liability for the acts or omissions of any such Third-Party Supplier to the maximum extent permitted by law.
(b) Cruise schedules and missed sailings. DRET tracks cruise-ship arrival and departure information in good faith using publicly available sources but cannot guarantee the accuracy of any third-party schedule. You are solely responsible for monitoring your ship’s “all-aboard” time and for returning to the pier on time. DRET is not liable for missed sailings, missed flights, or any consequential cost (including alternative travel, lodging, or onward transportation) caused by traffic, weather, road conditions, mechanical failure, or any other cause beyond DRET’s reasonable control. Where your cruise ship fails to dock in Roatán, refund handling is governed by the Booking Policy.
(c) Unauthorized transportation. Booking, accepting, or substituting transportation provided by any operator other than DRET or its designated Third-Party Suppliers, without the prior written consent of DRET, voids the Booking and releases DRET from any obligation arising from the unauthorized transportation.
(d) Seatbelts and safety equipment. You agree to use all safety equipment provided in or on any vehicle or vessel and to comply with all instructions of the driver, captain, or operator.
(e) Lost or damaged property. DRET is not responsible for personal property left in or on any vehicle, vessel, or tour site. Found items will be held for thirty (30) days and may be returned at the owner’s request and expense.
11. COMBINATION AND MULTI-STOP EXCURSIONS (SERVICE-SPECIFIC)
For combination, multi-stop, or full-day excursions, additional terms apply:
(a) Itinerary as illustrative. Published itineraries are examples, not contractual guarantees. DRET reserves the right to modify the order, duration, content, or specific stops of any combination excursion to accommodate weather, road or sea conditions, animal welfare, host-venue availability, group dynamics, or operational considerations.
(b) Aggregated assumption of risk. You assume the cumulative risks of each component activity within the combination, including any wildlife encounter, transportation segment, in-water activity, dining stop, or other included element.
(c) Group pacing and inclusion. Combination excursions are operated as group tours unless expressly identified as private. DRET may set reasonable pace and inclusion rules to keep the group on schedule; Participants who cannot keep pace, who require materially more time at any stop, or who voluntarily depart from a stop assume sole responsibility for rejoining the tour and for any onward transportation.
(d) Third-Party admission fees. Where a combination excursion includes admission to a third-party park, attraction, resort, or facility, that admission is governed by the rules and waivers of the host venue. DRET does not control and is not responsible for the policies, conduct, or operations of host venues.
12. SNORKELING AND IN-WATER ACTIVITIES (SERVICE-SPECIFIC)
Where a Service includes snorkeling, swimming, kayaking, paddleboarding, glass-bottom-boat, banana-boat, parasailing, or any other in-water activity:
(a) Swimming-ability self-representation. You represent that each Participant is a competent swimmer or, where applicable, will wear flotation equipment provided by DRET throughout the activity. Non-swimmers must disclose that fact at the time of Booking.
(b) Marine-life risk. Marine animals, including jellyfish, fire coral, sea urchins, lionfish, and barracudas, may be present. Stings, abrasions, and allergic reactions are an inherent risk of in-water activity, and DRET disclaims liability for any such injury or its medical consequences.
(c) No alcohol before water entry. You agree not to consume alcohol prior to water entry. DRET may, in its sole discretion, refuse water-activity participation to any person it judges to be impaired.
(d) Equipment and reef-safe sunscreen. You agree to use all equipment provided as instructed and to wear only reef-safe sunscreen as required by Honduran marine-park rules. You are financially responsible for any damage to DRET equipment beyond ordinary wear.
(e) Drowning and submersion risk. In-water activities carry an inherent risk of drowning. You assume this risk on your own behalf and on behalf of any minor in your care.
13. THIRD-PARTY SUPPLIERS
DRET may rely on Third-Party Suppliers to deliver portions of any Service. Each Third-Party Supplier operates independently, on its own terms, and under its own insurance and licensing. DRET acts only as a booking agent with respect to Third-Party Suppliers and is not liable for the acts, omissions, default, negligence, fault, or insolvency of any Third-Party Supplier, except to the extent such limitation is prohibited by applicable law.
14. INSURANCE
DRET does not carry medical, accident, life, property, or trip-interruption insurance for Participants. DRET strongly recommends that you obtain, prior to travel, comprehensive insurance covering: (a) medical care and emergency evacuation in Roatán and onward to your home country; (b) trip cancellation and interruption; and (c) loss, theft, or damage of personal property. Failure to obtain such insurance is at your sole risk.
15. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and expert fees) arising out of or relating to: (a) your breach of these Terms, the Booking Policy, the Privacy Policy, or the Waiver Form; (b) your acts or omissions during any Service, including any harm caused to DRET property, Third-Party property, other Participants, host-community members, or animals; (c) any misrepresentation by you concerning your health, fitness, age, identity, or eligibility; (d) your violation of any law or regulation, including any wildlife-protection, marine-park, or environmental law; or (e) any claim brought by any minor in your care or on their behalf.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law:
(a) The Released Parties’ aggregate liability to you arising out of or relating to any Service or these Terms shall not exceed the total amount actually paid by you to DRET for the specific Service giving rise to the claim.
(b) In no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost vacation value, lost cruise sailings, lost flights, lost lodging, emotional distress, or loss of enjoyment.
(c) The exclusions and limitations in this Section apply whether the claim arises in contract, tort (including negligence), strict liability, statute, or any other theory of liability.
(d) Some jurisdictions do not allow certain exclusions or limitations. To the extent any such limitation is held unenforceable in a given jurisdiction, the remaining limitations shall apply to the maximum extent permitted by law.
17. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance arising from causes beyond its reasonable control, including without limitation: acts of God, fire, flood, hurricane, tropical storm, earthquake, tsunami, volcanic activity, severe weather, pandemic, epidemic, public-health emergency, war, terrorism, civil unrest, riot, kidnapping, criminal activity, strike or labor dispute, governmental action or restriction, port closure, cruise-line schedule change or itinerary diversion, airline cancellation, mechanical failure, fuel shortage, infrastructure failure, internet or payment-system outage, animal-welfare events, marine-park closure, or any similar event (“Force Majeure Event”). In the event of a Force Majeure Event, DRET’s obligations are limited to those, if any, set out in the Booking Policy.
18. WEBSITE USE AND ACCEPTABLE USE
When you use https://discoverroatan.net (the “Site”), you agree not to:
(a) use the Site for any unlawful purpose or in violation of these Terms;
(b) attempt to gain unauthorized access to any portion of the Site, related systems, or networks;
(c) interfere with the security, integrity, or performance of the Site, including by deploying malware, scraping at a rate that imposes an unreasonable burden, or circumventing rate limits;
(d) reverse engineer, decompile, or disassemble any portion of the Site;
(e) use any automated means (including bots, crawlers, or AI agents) to collect personal information, content, or pricing from the Site, except as expressly permitted by our robots.txt and any published API terms; or
(f) impersonate any person or misrepresent your affiliation with any person or entity.
We may suspend or terminate your access to the Site at any time, without notice, for any breach of this Section.
19. INTELLECTUAL PROPERTY
All content on the Site and in DRET marketing materials—including but not limited to text, photographs, video, audio, logos, names, marks, slogans, itineraries, route maps, and software—is the property of Poseidon Corporation S.A. and/or Discover Roatan Excursions & Tours, LLC or their licensors and is protected by Honduran, United States, and international intellectual-property laws. The marks “Discover Roatan™,” “Discover Roatan™ Excursions & Tours,” “DRET,” and any associated logos, designs, and stylized lockups are trademarks of the Company.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any such content without our prior written permission, except that you may print or save a single copy of pages of the Site for your personal, non-commercial use.
You may not use any DRET trademark, logo, or photograph in any manner that suggests affiliation with, sponsorship by, or endorsement from DRET, including in domain names, social-media handles, paid-advertising campaigns, comparison advertising, or merchandise, without our prior written permission.
20. PHOTOGRAPHY AND MEDIA RELEASE
By participating in any Service, you grant DRET and its parent, affiliates, successors, assigns, and licensees a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable right and license to capture, record, edit, reproduce, publish, broadcast, distribute, display, perform, and otherwise use, in any and all media now known or later developed (including without limitation websites, social media, email, print, broadcast, streaming, paid and organic advertising, and artificial-intelligence and machine-learning training corpora), your image, likeness, voice, name, biographical information, and any photograph, video, or audio recording in which you appear that is taken or recorded by DRET or its agents during or in connection with any Service, for any commercial, promotional, editorial, internal, training, or archival purpose.
You release DRET and its agents from any claim of right of publicity, right of privacy, defamation, or moral rights arising from such use, and you waive any right to inspect or approve any finished use. For minor Participants, the accompanying parent or legal guardian grants this release on the minor’s behalf.
If you do not wish to be photographed or recorded, you must notify your guide in writing at the start of the Service. DRET will use reasonable efforts to honor such requests in newly captured material but is not responsible for incidental capture or for material already published.
21. PRIVACY
Your use of the Site and the Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information, including (without limitation) personal, contact, financial, transaction, profile, technical, usage, tracking, and marketing data. The Privacy Policy is incorporated into and forms part of this Agreement.
By providing personal information to DRET, you consent to its processing in accordance with the Privacy Policy. If you do not agree, do not use the Site or book any Service.
22. USER-GENERATED CONTENT, REVIEWS, AND FEEDBACK
If you submit reviews, comments, suggestions, photographs, video, or other content to DRET or to a public-facing platform in connection with a Service (“User Content”), you represent that you own or have all necessary rights to such User Content and that it does not infringe any third-party right. You grant DRET a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, and display such User Content for any business purpose, including marketing, training, and the development of new Services.
You agree not to post User Content that is false, defamatory, harassing, threatening, obscene, hateful, infringing, or otherwise unlawful. DRET reserves the right (but assumes no obligation) to monitor, edit, or remove User Content, and to seek removal of false or defamatory User Content from third-party platforms.
23. DISCLAIMERS
To the fullest extent permitted by law, the Site and Services are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. DRET does not warrant that the Site will be error-free, secure, virus-free, or continuously available.
Travel involves risk. DRET does not warrant that any Service, attraction, animal, route, or experience will meet your expectations or any specific standard.
24. COMPLAINTS AND DISPUTE RESOLUTION
If you have a concern or complaint, you agree to first raise it with DRET in writing at admin@discoverroatan.net within thirty (30) days of the event, and to allow DRET a reasonable opportunity (not less than thirty (30) days) to investigate and respond before initiating any formal proceeding, chargeback, or payment-network dispute. The parties agree to attempt good-faith resolution, including informal negotiation and, where practical, mediation, before resorting to litigation.
25. GOVERNING LAW; FORUM SELECTION; CONSUMER ELECTION
(a) Honduran law for in-country operations. All matters arising from in-country tour operations, transportation, animal encounters, in-water activities, personal injury, property damage, and the conduct of guides, drivers, captains, and venue staff shall be governed by and construed in accordance with the laws of the Republic of Honduras, without regard to its conflict-of-laws principles. The exclusive forum for such matters shall be the competent courts located in Roatán, Bay Islands, Honduras, and you submit to the personal jurisdiction of those courts.
(b) United States law for online transactions. All matters arising from online booking, payment processing, billing, refunds, chargebacks, intellectual property, website use, privacy, and consumer-transaction matters processed through Discover Roatan Excursions & Tours, LLC shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict-of-laws principles. The exclusive forum for such matters shall be the state and federal courts located in Missoula County, Montana, and you submit to the personal jurisdiction of those courts.
(c) Consumer election. Notwithstanding subsections (a) and (b), where you reside in a jurisdiction whose mandatory consumer-protection laws would otherwise apply to your purchase, you may elect, at the time you initiate a dispute, to have the dispute governed by the law and resolved in the competent courts of your country (or, in the case of the United States, the state) of residence. To exercise this election, you must give DRET written notice of your election before commencing any proceeding, identifying the specific jurisdiction. DRET agrees not to challenge such election on choice-of-law or forum-non-conveniens grounds, but reserves all defenses on the merits.
(d) Class-action waiver. To the fullest extent permitted by applicable law, you and DRET each agree that any dispute will be brought in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or consolidated action.
(e) United Nations Convention on Contracts for the International Sale of Goods. The CISG does not apply to this Agreement.
(f) Time limit. Any claim or cause of action arising out of or relating to a Service or these Terms must be filed within one (1) year after the cause of action arose, or be permanently barred, except where a longer period is required by mandatory consumer-protection law.
26. ELECTRONIC SIGNATURES AND COMMUNICATIONS
You agree that (a) electronic acceptance (including clicking “I agree,” completing online checkout, signing an electronic Waiver Form, or proceeding with the Service) constitutes a valid signature with the same legal force as a handwritten signature; and (b) DRET may communicate with you electronically (by email, SMS, or other electronic means) for purposes of this Agreement, and such communications satisfy any legal requirement for written notice.
27. ASSIGNMENT
You may not assign or transfer this Agreement, your Booking, or any right or obligation hereunder without DRET’s prior written consent. DRET may assign this Agreement, in whole or in part, to any parent, subsidiary, affiliate, or successor (including in connection with a merger, acquisition, sale of assets, or restructuring between Poseidon Corporation S.A. and Discover Roatan Excursions & Tours, LLC) without notice to you.
28. SEVERABILITY
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall continue in full force and effect.
29. NO WAIVER
The failure of DRET to enforce any right or provision of this Agreement shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of DRET.
30. NOTICES
Any notice required or permitted under this Agreement shall be given in writing to:
Poseidon Corporation S.A.
d/b/a Discover Roatan™ Excursions & Tours
Coxen Hole, Roatán, Bay Islands, Honduras
Phone: +504 9885-6554 / 1-844-576-2826
Email: admin@discoverroatan.net
Discover Roatan Excursions & Tours, LLC
5505 Eagle Court, Florence, MT 59833
Website: https://discoverroatan.net
Notices to you may be given by email at the address you provided when booking, by SMS, or by posting on the Site.
31. CHANGES TO THESE TERMS
DRET reserves the right to modify these Terms at any time. Material changes will be posted on the Site with an updated “Last Updated” date. Changes apply prospectively only and do not alter the terms applicable to a Booking already confirmed before the change. Your continued use of the Site or any Service after changes are posted constitutes acceptance of the modified Terms.
32. RELATIONSHIP TO BOOKING POLICY, PRIVACY POLICY, AND WAIVER FORM
This Agreement, the Booking Policy, the Privacy Policy, and the Waiver Form together constitute the entire agreement between you and DRET regarding the Services and supersede any prior or contemporaneous understanding. In the event of conflict among them, the order of precedence is: (1) the signed Waiver Form (for matters of personal injury, assumption of risk, and release); (2) these Terms (for all other legal matters, including intellectual property, dispute resolution, force majeure, indemnification, photography release, and limitation of liability); (3) the Booking Policy (for booking, payment, refund, cancellation, weather, and operational mechanics); (4) the Privacy Policy (for data handling and electronic communications).
33. CONTACT
Questions about these Terms? Contact us at:
Poseidon Corporation S.A. (d/b/a Discover Roatan™ Excursions & Tours)
Coxen Hole, Roatán, Bay Islands, Honduras
Phone: +504 9885-6554 / 1-844-576-2826
Discover Roatan Excursions & Tours, LLC
5505 Eagle Court, Florence, MT 59833
Email: admin@discoverroatan.net
Website: https://discoverroatan.net
ACKNOWLEDGEMENT
By making a Booking, accessing the Site, signing the Waiver Form, or participating in any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, the Booking Policy, the Privacy Policy, and the Waiver Form, on your own behalf and on behalf of any minor in your care.
