Terms and Conditions

Reservation/Cancellation Policy

Passenger reservations must be cancelled no later than 48 hours prior to departure time. Group and private charters must be cancelled no later than 48 hours prior to departure date. If cancellation occurs outside of these parameters a 50% cancellation fee will be charged to your credit card. All passengers and/or groups must arrive no later than 30 minutes prior to departure time. San Diego Parasail Adventures Inc. reserves the right to cancel the reservation of any passenger or group who arrives later than 30 minutes prior to departure time. According to this policy, Credit Card holder agrees to pay for and to allow, San Diego Parasail Adventures Inc. to charge all related cancellation fees associated with the total number of passenger tickets reserved, to his or her credit card.

San Diego Parasail Adventures Inc. reserves the right to cancel an excursion in the event of a mechanical or equipment malfunction, potentially dangerous or poor weather conditions, such as measurable rain, lightning, thunderstorms, high winds, or any other general condition deemed to be potentially unsafe by the vessels Captain. In the event San Diego Parasail Adventures Inc. must cancel an excursion, no cancellation fee will be charged. Cancellations due to poor weather conditions are at the sole discretion of San Diego Parasail Adventures Inc.

Note: Some excursions may be subject to minimum number of passenger requirements and seasonal operating conditions. Contact management for details.

Policy Notices

Bring at your own risk

Notice to all passengers: There is a significant possibility you and/or your belongings may become wet during your excursion, we strongly advise that you place all electronic equipment in a dry area prior to departure. San Diego Parasail Adventures Inc. will not be held liable for any damage to personal property caused by water or any other circumstances related to the operation of the excursion.

Passenger drug, alcohol and intoxication policy

San Diego Parasail Adventures Inc. employs a ZERO tolerance policy toward drug use and/or possession while on-board our vessel. In addition, excessive consumption of alcohol and/or intoxication will not be tolerated. Please be advised; The Captain at his sole discretion, reserves the right, to have immediately removed from the vessel, any and all passengers appearing to be intoxicated, or under the influence of any drug, whether or not true. The Captain may also dispatch police or US Coast Guard Officials to assist in having the passenger/s removed from the vessel, without refund. Pirate Ship Adventures may also pursue financial damages for any loss of revenue, or otherwise, resulting from such activities.

Privacy Policy

This notice describes how personal information about you may be used and disclosed and how you can “opt out” of some uses. Please review this Privacy Policy carefully.

If you have any questions about this Privacy Policy, please contact our Marketing Department at info@goparasailing.com

This Privacy Policy applies to Personal Information (as defined below) collected by Pirate Ship Adventures and the San Diego Parasail Adventures Inc. Web Sites.

I. Personal Information We Collect About You

“Personal Information” is information through which you can be identified. Personal Information that San Diego Parasail Adventures Inc. may collect from you directly includes but is not limited to your name, date of birth, postal address(es), e-mail address(es), telephone number(s), fax number, credit card information, purchase and reservation information, and other information that you voluntarily provide. This Personal Information is collected by e-mail, through mail-in forms, through online and on-board applications you complete, and through other activities with San Diego Parasail Adventures Inc. San Diego Parasail Adventures Inc. only collects Personal Information that you voluntarily provide to us or voluntarily provide to Strategic Partners who share that information with us. The Personal Information that San Diego Parasail Adventures Inc. collects through the San Diego Parasail Adventures Inc. activities, through San Diego Parasail Adventures Inc. Web Sites, or obtains from its Strategic Partners depends on the nature of your activities, including, but not limited to whether you make reservations, sign up for our email newsletter, purchase merchandise, register to receive promotional information, etc.

General Information

“General Information” is information about you or your activities through which you cannot be identified. When you use the Internet, your web browser or client software may transmit certain information to the servers that host the web sites you visit. The information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, and your movement within and interaction with the web site including what pages you look at and what information you download. When you visit San Diego Parasail Adventures Inc. Web Site, San Diego Parasail Adventures Inc. servers collect such general information. San Diego Parasail Adventures Inc. uses this general information to generate aggregate statistics about visitors to San Diego Parasail Adventures Inc. Web Sites. In situations where it is possible to do so, General Information may be linked to Personal Information.

Cookies

San Diego Parasail Adventures Inc. Web Site uses cookie technology. A cookie is a small file that contains information sent by a web site that is saved on your hard disk by your computer’s browser. Cookies store information that a web site may need to personalize your experience and to gather web site statistical data, such as which pages you visit, what material you download, your internet provider’s domain name and country, and the addresses of web sites you visited immediately before, and after, visiting a particular web site. San Diego Parasail Adventures Inc. Web Site uses cookies to collect and store your preferences for viewing the San Diego Parasail Adventures Inc. Web Site, such as whether you disable Flash so that you will not have to do so on follow up visits.

In addition, San Diego Parasail Adventures Inc. Web Site uses cookies to provide a unique identifier to your computer so that we can generate statistics regarding usage of San Diego Parasail Adventures Inc. Web Site, such as the percentage of repeat visitors and other general statistics. In situations where San Diego Parasail Adventures Inc. has Personal Information, the unique identifiers may be matched with Personal Information. In addition, when you book a reservation online the reservation or confirmation number may be stored in a cookie on your computer and in an order file.

To browse the Internet and San Diego Parasail Adventures Inc. Web Site without cookies, you can configure your browser to reject all cookies or to notify you when each cookie is offered so that you can accept or reject each cookie. You may not be able to conduct some transactions or use some services on San Diego Parasail Adventures Inc. Web Site if you disable your browser from accepting cookies.

II. How We Use The Information We Collect

San Diego Parasail Adventures Inc. will not use your Personal Information for uses prohibited by the provisions of the Telemarketing and Consumer Fraud and Abuse Prevention Act or the CAN-SPAM Act of 2003.

III. Disclosure Of Information We Collect

San Diego Parasail Adventures Inc. will not sell, trade, or disclose to third parties any Personal Information obtained through San Diego Parasail Adventures Inc. or obtained from Strategic Partners, without your consent. San Diego Parasail Adventures Inc. may disclose Personal Information: (1) to comply with a court order, subpoena, search warrant or other legal process; (2) to comply with legal, regulatory or administrative requirements of any governmental authorities; (3) to protect and defend San Diego Parasail Adventures Inc., its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute; (4) to enforce the terms of use of San Diego Parasail Adventures Inc. Web Site; (5) to prevent imminent physical harm; (6) to businesses that San Diego Parasail Adventures Inc. may use for purposes of performing functions on behalf of San Diego Parasail Adventures Inc., such as companies that process credit card transactions; (7) in connection with the sale, assignment, or transfer of any San Diego Parasail Adventures Inc. property or Web Site.

IV. Access To Your Personal Information

The Personal Information collected through San Diego Parasail Adventures Inc., or provided by Strategic Partners, is not currently accessible to you, except that confirmation is provided for some transactions and services, such as reservations and purchases.

If you believe that any Personal Information collected by San Diego Parasail Adventures Inc. about you is not correct or has changed, please send an e-mail message to info@goparasailing.com explaining the correction or change and providing any relevant confirmation or reference number.

V. Security

General Information and Personal Information collected by San Diego Parasail Adventures Inc. is stored on secure servers. The secure servers are protected by firewalls and other standard security procedures. The secure servers are not generally accessible by unauthorized third parties, but could become accessible in the event of a security breach. No security system is impenetrable. In the event of a breach of the security of San Diego Parasail Adventures Inc. system that involves a breach in the security of Personal Information wherein unencrypted Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, San Diego Parasail Adventures Inc. will notify all parties whose Personal Information was breached as expediently as possible and without unreasonable delay, in accordance with the notification procedures of San Diego Parasail Adventures Inc. information security policy. At San Diego Parasail Adventures Inc., our staff is required to take reasonable measures to ensure that unauthorized third parties do not view your Personal Information.

San Diego Parasail Adventures Inc. has no control over the security of the computers or other electronic devices and means you use to send e-mails and submit information to San Diego Parasail Adventures Inc. over the Internet. Therefore, San Diego Parasail Adventures Inc. is not responsible for the disclosure or interception of your information before San Diego Parasail Adventures Inc. receives it.

VI. Changes to this Privacy Policy

This Privacy Policy was last revised on May 5th, 2012. San Diego Parasail Adventures Inc. reserves the right to change, modify or amend this Privacy Policy at any time without notice. When the Privacy Policy is changed, modified and/or amended, the revised Privacy Policy will be posted on San Diego Parasail Adventures Inc. Web Site. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy. Customers are responsible for periodically checking the Privacy Policy available at San Diego Parasail Adventures Inc. Web Site for changes, and are encouraged to bookmark the Web Site to check for updates and take or print out copies of the Privacy Policy for their records.

Conditions of Use

Welcome to goparasailing.com. San Diego Parasail Adventures Inc. and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Policy, which also governs your visit to goparasailing.com, to understand our practices.

Electronic Communications

When you visit San Diego Parasail Adventures Inc. or send e-mails to goparasailing.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of San Diego Parasail Adventures Inc. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of San Diego Parasail Adventures Inc., with copyright authorship for this collection by San Diego Parasail Adventures Inc., and protected by international copyright laws.

Trade Marks

San Diego Parasail Adventures Inc. trademarks and trade dress may not be used in connection with any product or service that is not San Diego Parasail Adventures Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits San Diego Parasail Adventures Inc. All other trademarks not owned by San Diego Parasail Adventures Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by San Diego Parasail Adventures Inc. or its subsidiaries.

License and Site Access

San Diego Parasail Adventures Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of San Diego Parasail Adventures Inc. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of San Diego Parasail Adventures Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of San Diego Parasail Adventures Inc. and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing San Diego Parasail Adventures Inc. name or trademarks without the express written consent of San Diego Parasail Adventures Inc. Any unauthorized use terminates the permission or license granted by San Diego Parasail Adventures Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of San Diego Parasail Adventures Inc. so long as the link does not portray San Diego Parasail Adventures Inc., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any San Diego Parasail Adventures Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Membership Account

If you use goparasailing.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. San Diego Parasail Adventures Inc. and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Emails, and Other Content

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. San Diego Parasail Adventures Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant San Diego Parasail Adventures Inc. and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant San Diego Parasail Adventures Inc. and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify San Diego Parasail Adventures Inc. or its associates for all claims resulting from content you supply. San Diego Parasail Adventures Inc. has the right but not the obligation to monitor and edit or remove any activity or content. San Diego Parasail Adventures Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from San Diego Parasail Adventures Inc. are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

San Diego Parasail Adventures Inc. and its associates attempt to be as accurate as possible. However, San Diego Parasail Adventures Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by San Diego Parasail Adventures Inc. itself is not as described, your sole remedy is to contact San Diego Parasail Adventures Inc. to discuss a possible credit or refund.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY GOPARASAILING.COM IS PROVIDED BY SAN DIEGO PARASAIL ADVENTURES INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAN DIEGO PARASAIL ADVENTURES INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GOPARASAILING.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON GOPARASAILING.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF GOPARASAILING.COM IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAN DIEGO PARASAIL ADVENTURES INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAN DIEGO PARASAIL ADVENTURES INC. DOES NOT WARRANT THAT GOPARASAILING.COM, ITS SERVERS, OR E-MAIL SENT FROM THIS COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAN DIEGO PARASAIL ADVENTURES INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting goparasailing.com, you agree that the laws of the state of California, U.S.A, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and San Diego Parasail Adventures Inc. or its associates.

Disputes

Any dispute relating in any way to your visit to goparasailing.com or to products you purchase through goparasailing.com shall be submitted to confidential arbitration in California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate San Diego Parasail Adventures Inc. intellectual property rights, San Diego Parasail Adventures Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, U.S.A., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modifications, and Severability

Please review our other policies posted on goparasailing.com. These policies also govern your visit to San Diego Parasail Adventures Inc. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: info@goparasailing.com.