TERMS OF USE

Website Terms & Conditions of Use

First Cabin Hawaii LLC (hereinafter referred to as "the Company") sets forth the following terms and conditions (hereinafter referred to as "these Terms") regarding the use of its website at www.first-cabin.us (hereinafter referred to as "the Site") by users (hereinafter referred to as "Users"). These Terms affect Users' legal rights, so please read them carefully. Users who do not agree to these Terms may not use the Site. By accessing and continuing to use this Site, you agree to the Terms herein. These Terms also apply to any consumer platforms operated under the Company’s brand, including its mobile application. Users must be at least 18 years of age to use the Site. By using the Site and agreeing to these Terms, Users represent and warrant that they are at least 18 years of age.

Article 1: Restrictions on Personal and Non-Commercial Use.

The Site is intended for personal and non-commercial use by Users. Users 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 the Site.

  • • Linking Policy. You may link to our website under the following conditions: Links should clearly indicate that they direct users to our official website. The link must not falsely imply that we endorse or support any third-party products, services, or entities without our prior written consent. You may not use our content within frames or replicate our website's layout on your own site. Any links must not associate our website with defamatory, offensive, or inappropriate content. We reserve the right to request the removal of any links that violate these terms.
  • • Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  • • Disabling of Access. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Article 2: Copyright and Trademarks.

The Site may contain trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights belonging to First Cabin Hawaii LLC or third parties. No license or rights to use such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or proprietary rights are granted or conferred to Users.

Article 3: Limitation of Liability.

Information, software, products, and services available on the Site may include inaccuracies, errors, or require updates. These contents may be changed at any time without notice. The Site is provided "as is" without warranties of any kind, express or implied. The Company assumes no liability for:

  • • Damages arising from the use or inability to use the Site.
  • • Damages related to information, software, products, or services obtained from the Site.
  • • Damages caused by delays or inaccuracies in information.

This limitation of liability shall include any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, to the fullest ext.

Article 4: Prohibited Activities.

The following activities are prohibited when using the Site:

  • • Activities that damage the Site or interfere with its use by others, or expose the Company or Site Users to liability.
  • • Illegal, abusive, harassing, threatening, or otherwise inappropriate activities, or activities that violate applicable laws, regulations, or government orders.
  • • Unauthorized copying, transmission, or storage of copyrighted content.

Users agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the User’s violation of these Terms or the User’s use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or User’s use of any information obtained from the Website.

Article 5: Changes to Terms.

The Company reserves the right to modify these Terms at any time. Continued use of the Site after modifications implies acceptance of the updated Terms.

Article 6: Privacy Policy.

Users agree that their use of the Site is also governed by the Company’s Privacy Policy, which operates in conjunction with these Terms. Please refer to the Privacy Policy for details. By continuing to use this Site, Users consent to all actions taken by the Company with respect to User’s information in compliance with the Privacy Policy.

Article 7: Site Availability, Disclaimers, and Review Posting Guidelines
  • • The Site is provided "as is" and "as available." The Company does not guarantee that the Site will be free from defects or errors.
  • • The Company does not guarantee the Site is secure or free from errors, viruses, or malware. Users are responsible for ensuring their own security and protecting their data.
  • • The Company assumes no responsibility for interruptions or unavailability of the Site.
  • • The Company reserves the right to change, suspend, or discontinue any part or all of the Site without notice.

    Review Posting Guidelines. We encourage our customers to share honest and fair feedback on various review platforms (e.g., Google Reviews, review sites, social media). Please adhere to the following guidelines to ensure appropriate review submissions.
  • • 1. Fairness and Honesty. Reviews should be based on your personal experience and provide factual, unbiased, and honest feedback. Please refrain from posting reviews for services or products you have not experienced.
  • • 2. Prohibited Content. The following types of content are not allowed in reviews: Defamatory or slanderous statements about others. Offensive, discriminatory, inappropriate, or content contrary to public order and morality. Posts containing personal information about others (e.g., names, addresses, phone numbers). False or misleading information. Content that infringes on the copyrights, trademarks, or other intellectual property rights of third parties.
  • • 3. Compliance with Terms and Policies. Please follow the terms and policies of each review platform. (Examples: Google Review Guidelines, Yelp Policies, TripAdvisor Submission Guidelines, etc.)
  • • 4. Our Response to Inappropriate Reviews. If inappropriate reviews are posted, we may report them to the respective review platform and request their removal. While we do not directly edit or delete reviews, we strive to improve our services based on customer feedback. If an inappropriate review is identified, we may take one or more of the following actions:

    - Report the review to the platform for removal in accordance with their guidelines.
    - Contact the reviewer directly to understand the issue and seek resolution.
  • • 5. Consideration for Others. Keep in mind that other users rely on reviews for reference. Please make your feedback specific and easy to understand. For example: “The staff’s response was quick and helpful,” or “I felt that this area could be improved,” can be helpful for others.
  • • 6. No Rewards or Incentives. We do not request or promote reviews in exchange for rewards or incentives. We encourage spontaneous and honest opinions from users.
Article 8: Online Payments.

Reservations and purchases made through the Site are processed by First Cabin Hawaii LLC. For inquiries regarding payments, please contact: First Cabin Hawaii LLC, 2270 Kalākaua Ave, Suite 1400, Honolulu, HI 96815 Phone: (808) 000-0000 Email: info@first-cabin.us

Article 9: Cancellation Policy.

The following cancellation policy applies to reservations, except where specified otherwise:

Overnight Reservations:

At the time of booking, a credit card authorization will be obtained to secure your reservation. In the event of a cancellation that incurs a fee, the applicable cancellation charges will be automatically charged to the credit card provided at the time of booking. Please note that this process ensures a smooth and secure transaction for both parties.

  • • Same-day cancellations and no-shows (No-show): Cancellations made after 00:00 (Hawaii Standard time(HST)) on the check-in date will incur a charge of 100% of the room rate.
  • • 2 days before the check-in date: Cancellations made after 00:00 (Hawaii Standard time(HST)) two days prior to the check-in date will incur a charge of 100% of the room rate.
  • • 3 days before the check-in date: Cancellations made after 00:00 (Hawaii Standard time(HST)) three days prior to the check-in date will incur a charge of 70% of the room rate.
  • • 5 days before the check-in date: Cancellations made after 00:00 (Hawaii Standard time(HST)) five days prior to the check-in date will incur a charge of 50% of the room rate.

Day use Reservations

  • • Same-day cancellations and no-shows (No-show): Cancellations made after 00:00 (Hawaii Standard time (HST)) on the check-in date will incur a charge of 100% of the room rate.
Article 10: Best Rate Guarantee.

The Company guarantees that rates available through its official website are the most competitive. Please refer to the Best Rate Guarantee page (pending) for details.

Article 11: Cookies.

The Site uses cookies to analyze usage and improve services. Cookie settings can be modified through browser settings. For details, refer to the Privacy Policy.

Article 12: Governing Law and Jurisdiction; Arbitration.

Disputes arising from or related to the Site, including claims of invalidity or illegality of any provision of these Terms, shall be resolved by binding arbitration in Honolulu, Hawaii, before a single arbitrator who is either an attorney or a retired judge in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitration proceedings shall remain confidential and shall not be disclosed to third parties, except as required by law, for enforcement of awards, with mutual written consent, or to professional advisors bound by confidentiality. These Terms are governed by the laws of the State of Hawaii, United States.

Article 13: General Provisions
  • • Failure to enforce any provision shall not be deemed a waiver of rights.
  • • These Terms comply with consumer protection laws.
  • • If any part of these Terms is found invalid, the remaining provisions remain enforceable.
  • • Third-party rights are not applicable under these Terms.
  • • The Company assumes no liability for non-performance due to natural disasters or force majeure events.
  • • The Terms and Privacy Policy constitute the sole and entire agreement between the User and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Article 14: Contact Information.

For questions or inquiries regarding these Terms, please contact: First Cabin Hawaii LLC 2270 Kalākaua Ave, Suite 1400, Honolulu, HI 96815. Email: info@first-cabin.us

These Terms were last updated and are effective as of December 2024.