2 hours
If you are looking for a boat tour that goes beyond dolphins and shelling this one's perfect for you. This popular sightseeing cruise will bring you through the mangrove nearshore estuary of the Ten Thousand Islands National Wildlife Refuge as we travel from Goodland to Marco Island and back.
Your entertaining and knowledgeable tour guide will answer all of your questions and show you some of the best sights around the islands. All guides are Florida certified master naturalists and members of the Marco Island Historical Society.
Boat tour topics may include:
- The building of Marco Island
- Marco beaches and beachfront condos and hotels
- Waterfront restaurants and dining
- Isles of Capri, Horr's Island, Goodland
- The Calusa Indians
- Mansions of Marco Estates
- Cape Romano Dome House
- Hermits, pirates, and saltwater cowboys
- Wildlife habitat of the 10,000 Islands
- Boating and fishing in SW Florida
There is also a good opportunity to see our local wildlife such as dolphins, manatees, and birds.
Last updated: June 1, 2021
Welcome to Vacay Services, Inc. d/b/a Explorabout (“Explorabout” “Company”, “we”, “us”, or “our”). Explorabout provides an online marketplace (the “Services”) that connects people seeking unique locations and experiences (“Explora” “you” or “Users”) with a refreshing variety of lesser-travelled locations (“Destinations”) and distinctive adventures (“Activities”) offered from a wide variety of venues, tours, and operators (“Providers”). The Services are accessible at www.Explorabout.com and/or our mobile software application (together with any content, functionality, and Services available therein, and successor site(s) or applications thereto, the “Platform”). By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Platform. These Terms govern your access to and use of the Platform and all Mutual Content (as defined below) and constitute a binding legal agreement between you and Explorabout.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN US AND YOU, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS.
THE PLATFORM IS AN ONLINE PLATFORM THROUGH WHICH EXPLORAS SEARCH FOR DESTINATIONS AND ACTIVITIES AND ARE CONNECTED WITH PROVIDERS. USERS UNDERSTAND AND AGREE THAT EXPLORABOUT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND EXPLORAS. EXPLORABOUT HAS NO CONTROL OVER THE CONDUCT OF USERS OR PROVIDERS ON THE PLATFORM OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
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“Mutual Content” means User Generated Content and Platform Content.
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“Listing” means the list of Destinations and Activities available through the Platform to provide the Services for Explora’s search via the Platform.
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We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Explorabout Platform thereafter. Your continued use of the Explorabout Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
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Explorabout is a two-sided marketplace that connects Exploras and with Destinations and Experiences for unique adventures.
Exploras may conduct a search whereby you can go to different regional “destination pages” on the Platform and see activities in different categories. There will also be a map function that will show activities in a given area. Once the user clicks on a particular activity information about that activity from the Provider will be displayed. Exploras can then select the Listing of their choice and execute a Booking once Explora has input its preferred payment method. Bookings are conducted through a third-party reservation system and then Exploras will receive a confirmation, via email, from the Provider.
Explorabout makes no representations or warranties about the quality of any Services or Activities from the Providers. Providers listed on the Explorabout Platform are not controlled by the Company, and Providers decide in their own discretion how to provide their Activities. We may, at our sole discretion, conduct an initial internal review of Providers when accepting them as Providers on the Platform, but the Company does not otherwise screen Providers. Exploras are required to use their independent judgment before Booking and Experience or otherwise interacting with Providers using the Explorabout Platform. Exploras are solely responsible for making decisions when choosing to work with Providers and may not rely on any internal screening process undertaken by Company. Exploras agree that Company has no liability for damages associated with Experiences or resulting from any other transactions between the User and the Provider.
Exploras and Providers engage on the Platform when they mutually agree to a Booking that stipulates the scope, fees and schedule via the third-party reservation system provided through the Explorabout Platform. A Booking is initiated by the Explora by submitting a Search, selecting a Provider from the Listing provided and then following the steps set forth on the Booking page. If you are an Explora and you initiate a Booking, you agree to pay for the Experience described in the Booking when you click the relevant button to pay for a Booking. All requests are subject to acceptance by the Provider. The Provider is not obligated to accept your request and may, at Provider’s discretion, decline for any reason.
Explorabout’s role is solely to facilitate the availability of the Platform and to provide Services related thereto, such as access to Booking and payment services of Providers. Explorabout does not provide and is not responsible for User Generated Content or any information or advice exchanged between Exploras and Providers during Bookings or otherwise. Explora understands and acknowledges that Explorabout is not responsible for and disclaims any and all liability related to any and all Listings and information provided on the Platform. Accordingly, all users of the Platform use it at their own risk. By using the Platform, Exploras agree that any legal remedy or liability that they seek to obtain for actions or omissions of Providers or other third parties will be limited to a claim against the particular Provider or other third parties who caused Explora harm and you agree not to attempt to impose liability on, or seek any legal remedy from Explorabout with respect to such actions or omissions.
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IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EXPLORABOUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY PROVIDER. THE PLATFORM AND MUTUAL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPLORABOUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXPLORABOUT MAKES NO WARRANTY THAT THE PLATFORM OR MUTUAL CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA BOOKINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPLORABOUT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES, OR MUTUAL CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MUTUAL CONTENT OBTAINED THROUGH THE PLATFORM, APPLICATION OR THE SERVICES.
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Limit on our liability to you. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO COMPANY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
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Dispute resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice requirement and informal dispute resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be emailed to contactus@Explorabout.com. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional rules for non-appearance based arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EXPLORABOUT NOW WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency equitable relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York City, New York, for such purpose.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
The waiver by either party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
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