Pan Tours Hawaii, Inc. Terms and Conditions
By purchasing air transportation, ground transportation, hotels, attractions, travel insurance and other related travel services on PandaOnline.com, AirtoHawaii.com or any other Panda-owned affiliate (hereinafter collectively referred to as "The Panda Companies") websites, you agree to comply with the following terms and conditions contained herein.
Tickets for your travel and any accompanying companions on the same itinerary
must be purchased only by you as the credit card holder. A valid phone number
is required to secure your booking. Without exception, name changes are not permitted
once reservation has been confirmed.
Whenever possible, air fare tickets will be issued electronically. In the event
electronic ticketing is not available, paper tickets will be sent to the credit
card holder's billing address only at an additional fee. We do not accept P.O.
Box addresses, even if it is the cardholder billing address. A nonrefundable
ticket processing and mailing fee will be added to all tickets that are not
processed electronically and will be added to the total amount charged to you.
You are instructed to confirm your return or continuing reservations prior
to flight--48 hours for domestic and 72 hours for international. Confirmation
of domestic and international flights helps you to be aware of and deal with
flight changes and delays. Failure to reconfirm international flights as stated
above could result in the automatic cancellation of all continuing and return
The Panda Companies are not responsible for fare increases that are a result
of bookings not confirmed with a valid booking record locator. Fares are subject
to change until a credit card is provided and approved. In rare instances, listed
fares occasionally may not include additional surcharges, fees or taxes which
may be charged in addition to the listed fare. If this is the case, we will
notify you by e-mail of any difference between the actual fare and the listed
fare, and you may advise us whether or not you wish to purchase the tickets
at the new price. All fares are subject to change and seat or class availability.
Most discount fares involve certain restrictions and are nonrefundable. A change
in carrier(s), flight(s), time(s), date(s) or routings could result in a carrier
demanding a full fare.
Incidental charges (including but not limited to parking, valet service, telephone,
internet, rental car insurance or other incidentals) incurred by you or on your
behalf for hotel, rental car, tours or other similar types of reservations and
made on The Panda Companies’ websites are not included with the booking
and are your sole responsibility.
Valid Visa or MasterCard Required
A valid Visa, MasterCard, Discover, Diners Club, JCB or American Express credit
card must be used at the time the fare is reserved or tickets cannot be delivered
or issued. We will notify you by e-mail if your reservation is cancelled due
to an invalid credit card, credit card address or other reason why a ticket
may not be issued. This may result in a higher fare when your credit card charge
amount has been cleared, and you may advise us whether or not you wish to purchase
the tickets at the new price. Your name and home address must exactly match
the address on your monthly credit card statement from the issuing bank or the
transaction will be denied. If electronic tickets are not issued, you must also
be able to receive paper tickets at the address you listed in your personal
file; someone must be available to sign for the tickets when they arrive at
the profile listed address; or you must leave a signature waiver note to authorize
a delivery of tickets with no receipt. Failure to do so may mean that you will
not receive your tickets in time for travel.
The Panda Companies reserve the right to charge a processing fee in the event
of a refund or cancellation in addition to any charges imposed by airlines,
carriers, transportation companies, tour operators, hotels, cruise companies,
wholesalers or other related travel service companies. If your travel documents
and/or tickets are deemed refundable in accordance with the published rules
of the airlines, carriers, transportation companies, tour operators, hotels,
cruise companies, wholesalers or other related travel service companies, any
refunds will be made to our customers if and only after the money originally
paid to these companies on your behalf has been paid back to The Panda Companies.
In such events, The Panda Companies will make best efforts to return such funds
back to customers in the timeliest manner possible. Most credit card refunds
take 2 billing cycles to process. Additionally, the following terms and conditions
• Once travel has commenced, the booking is totally NON-REFUNDABLE.
• Partially used bookings are totally NON-REFUNDABLE.
• Any unused or partially used components of the booking, including, but
not limited to, hotel accommodations and car rentals, are NON-REFUNDABLE.
• Once purchased, insurance costs are totally NON-REFUNDABLE.
• All refunds of any unused air, cruise or ground transportation tickets
are at all times subject to the rules and regulations of the carrier, which
may not allow any refunds.
• Cancellation fees will be assessed and are NON-REFUNDABLE for any reason,
including illness or any other emergencies.
We suggest you consider purchasing travel insurance if you are concerned about
losses specifically caused by certain types of trip cancellations or delays.
Please refer to the section of this website where travel insurance is offered
for detailed terms and conditions.
The Panda Companies make no representations about the suitability of the information,
software, products and services contained on their respective websites for any
purpose, nor does such content constitute any endorsement or recommendation
of such products or services by The Panda Companies. All such information, software,
products, and services are provided "as is" without warranty of any
kind. The Panda Companies disclaim all warranties and conditions that this website,
its servers or any email sent from the Panda Companies are free of viruses or
other harmful components. The Panda Companies hereby disclaim all warranties
and conditions with regard to this information, software, products, and services,
including all implied warranties and conditions of merchantability, fitness
for a particular purpose, title and non-infringement.
The Panda Companies shall, in no event, be liable for any type of punitive,
incidental, special or consequential damages arising out of the use of this
website in any way, or with the delay or inability to use this website, or for
any information, products and services obtained through or otherwise arising
out of the use of this website, whether based on contract, tort, strict liability
or otherwise, even if The Panda Companies have been advised of the possibility
of damages. Because some states or jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
The Panda Companies are not liable for the acts, errors, omissions, representations,
warranties, breaches or negligence of any such airlines, carriers, transportation
companies, tour operators, hotels, cruise companies, wholesalers or other travel
related service companies as well as for any acts of any government or authority
for any personal injuries, death, property damage or any other damages or any
resulting expenses. The Panda Companies have no liability and will make no refund
in the event of any delay, cancellation, overbooking, re-scheduling, re-booking,
re-routing, strike, force majeure, financial insolvency, bankruptcy or other
causes beyond their direct control and have no responsibility for any such events
as well as for any additional expenses or damages.
In no event shall The Panda Companies be liable for any direct, indirect, punitive,
incidental, special or consequential damages arising in any way connected with:
(i) customers’ access to, display of or use of this website or (ii) the
delay or inability to access or display or use this website (including, but
not limited to, customers’ reliance upon opinions appearing on this website;
any computer viruses, information, software, linked sites, products and services
obtained through this website; or otherwise arising out of the access to, display
of or use of this website) whether based on a theory of negligence, contract,
tort, strict liability or otherwise--even if The Panda Companies have been advised
of the possibility of such damages.
The Panda Companies represent and serve as agents for carefully selected airlines,
carriers, transportation companies, tour operators, hotels, wholesalers and
other related travel services companies--all of which are disclosed principals
and independent contractors. Every reservation accepted on The Panda Companies’
websites is subject to the terms and conditions of the airlines, carriers, transportation
companies, tour operators, hotels, cruise companies, wholesalers or other related
travel related service companies. The airlines, carriers, transportation companies,
tour operators, hotels, cruise companies, wholesalers and other related travel
services companies providing travel or other services on this website are independent
contractors and not agents or employees of The Panda Companies.
Travel insurance may help to protect your trip costs when you, an immediate
family member or a traveling companion cancel or interrupt a trip, or your trip
is delayed, for a covered medical reason and other types of reasons under certain
conditions and restrictions. The travel insurance plan also covers medical expenses
and evacuation, includes 24/7 assistance services and provides compensation
for lost or delayed baggage. Travel insurance is available to anyone purchasing
flights and travel packages, concurrently purchases the insurance premium on
this website and who is a citizen or resident of the United States or Canada.
For more information on this plan and for the specific risks that it covers,
please review the Schedule of Coverages. The Schedule of Coverage and details
on the cost of this service are located in the section of this website where
travel insurance is offered.
If, despite the limitations above, The Panda Companies are determined to be
liable for any losses or damages which arises out any of the occurrences described
above, then The Panda Companies’ aggregate liabilities will not exceed
an amount greater than: (a) one-hundred twenty-five dollars (US$125.00) or (b)
the transaction fees assessed for purchases on this website.
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any
limited remedies specified in these terms are determined to have failed its
essential purpose. The limitations of liability provided in these terms inure
to the benefit of The Panda Companies.
The parties further acknowledge that the limitations set forth in these terms
and conditions are integral to the amount of fees charged by The Panda Companies
for the services provided, and recognize that were The Panda Companies to assume
any further liability beyond that set forth above, such fees would be substantially
You agree to defend and indemnify The Panda Companies and/or their respective
suppliers and any of their officers, directors, employees and agents from and
against any claims, causes of action, demands, recoveries, losses, damages,
fines, penalties or other costs or expenses of any kind or nature including
but not limited to reasonable legal and accounting fees, brought by third parties
as a result of your:
• Breach of these terms and conditions or the documents referenced herein;
• Violation of any law or the rights of a third party; or
• Use of this website.
Personal and Noncommercial Use Limitation
This website is for your personal and noncommercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information, software, products
or services obtained from this website.
Copyright and Trademark Notices
All contents of this website are the property of:
The Panda Companies
1017 Kapahulu Avenue
Honolulu, HI 96816 USA
All rights reserved
Panda ®, Panda Travel ®, PandaOnline, Air To Hawaii, JAL Value Packs and the “Panda
and Globe logo” are either registered trademarks or trademarks of or domain
names used and registered by The Panda Companies.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant that you will not use
this website for any purpose that is unlawful or prohibited by these terms,
conditions and notices.
Links to Third-Party Sites
This website may contain hyperlinks to websites operated by parties other than
The Panda Companies. Such hyperlinks are provided for your reference only. The
Panda Companies do not control such websites and are not responsible for their
contents. The Panda Companies' inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such websites or any association
with their operators.
Software Available on This website
Any software that is made available to download from this website ("Software")
is the copyrighted work of The Panda Companies and/or their suppliers. Your
use of the Software is governed by the terms of the end user license agreement,
if any, which accompanies, or is included with, the Software ("License
Agreement"). You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree to the License Agreement
terms. For any Software not accompanied by a License Agreement, The Panda Companies
hereby grant to you, the user, a personal, nontransferable license to use the
Software for viewing and otherwise using this website in accordance with these
terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code
and Active X controls contained on this website, is owned by The Panda Companies
and/or their suppliers, and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. Without limiting the foregoing,
copying or reproduction of the Software to any other server or location for
further reproduction or redistribution is expressly prohibited. The Software
is under warranty, if at all, only according to the terms of the License Agreement.
You acknowledge that the Software and any accompanying documentation and/or
technical information are subject to applicable export control laws and regulations
of the USA. You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to USA export restrictions.
For help with questions or problems with this website, contact us toll free
at 800 303-6702 or email: firstname.lastname@example.org.
The Panda Companies’ websites makes every effort to ensure that information,
products and prices listed are updated, accurate and complete. However, in the
event a product is listed at an incorrect price or with incorrect information
due to a typographical error or incorrect information received from our suppliers,
The Panda Companies have the right to refuse or cancel any reservation based
upon such typographical error or erroneous information, without regard to whether
the reservation has been confirmed and your payment received by The Panda Companies.
The Panda Companies’ only obligation will be to immediately issue a refund
for the amount of the charge.
Modification of These Terms and Conditions
The Panda Companies reserves the right to change, at any time, the terms, conditions
and notices under which this website is offered.
The agreements expressed in these terms and conditions are governed by the
laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction
and venue of courts in Honolulu, Hawaii, USA in all disputes arising out of
or relating to the use of The Panda Companies’ websites. Use of this website
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment or agency relationship
exists between you and The Panda Companies as a result of these terms and conditions
or use of this website. The Panda Companies' performance under these terms and
conditions is subject to existing laws and legal process, and nothing contained
in these terms and conditions is in derogation of The Panda Companies' right
to comply with law enforcement requests or requirements relating to your use
of this website or information provided to or gathered by The Panda Companies
with respect to such use.
If any part of these terms and conditions is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of these
terms and conditions shall continue in effect.
These terms and conditions constitute the entire agreement between you and
The Panda Companies with respect to this website and they supersede all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between you and The Panda Companies with respect to this website. A
printed version of these terms and conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to these terms and conditions to the same extent and subject to
the same conditions as other business documents and records originally generated
and maintained in printed form. Fictitious names of companies, products, people,
characters and/or data mentioned herein are not intended to represent any real
individual, company, product or event. Any rights not expressly granted herein