Terms & Conditions
Thank you for visiting the website of Islands In the Sun ("Islands In the Sun", and sometimes referred to us as "we", "our" and "us").
Please read these Terms & Conditions (the "Agreement" or "Terms") carefully before using this website ("Website"), any of our mobile applications ("Apps") or our social media pages ("Social Media", and together with the Site and Apps, our "Services").
By using the Services in any manner, including but not limited to visiting or browsing the Website, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and all applicable laws.
If you enter into any other agreement with us, then these Terms are in addition to the terms and provisions of such other agreement.
1. MODIFICATION TO THESE TERMS.
We reserve the right to update or modify these Terms at any time without notice, and you agree that we may do so. If the modifications to these Terms constitute a material change in our good faith reasonable judgment, we will notify you via email or by posting a notice on the Services.
If you do not agree to any modification of these Terms, you must immediately stop using the Services. Your continued use of the Services after any modification to these Terms constitutes your acceptance of the amended Terms.
If you ever have any questions about these Terms, please do not hesitate to contact us at email@example.com.
2. USE OF THE SERVICES.
The Services belong to us. All text, graphics, sounds, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, computer code, items and other material or items (collectively, "Content") posted by us may not be copied, distributed, republished, uploaded, posted or transmitted in any way without our prior consent EXCEPT that you may download one copy of the Content on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the Content in any other manner or for any other purpose violates our intellectual property rights, as more particularly described in the section entitled Our Proprietary Rights found below.
The Content from the Services is provided for lawful purposes only.
The Services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is complete, accurate and truthful. We may, in our sole and absolute discretion, refuse to offer access to or use of the Services to any person or entity and change our eligibility criteria at any time.
Individuals under the age of 18 are prohibited from using the Services and must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable Content, including those more particularly described in the section entitled Prohibited Content found below.
You hereby agree to abide by our policies as stated in this Agreement.
Account and Password
If you register for the Services, you will create an account and will need to provide, among other items, a user name, password and valid email address. You may never use another person's account without permission of the account holder. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. When creating your account, you must provide true, accurate, current and complete information about yourself as prompted by our registration form and maintain and promptly update your registration data to keep it true, accurate, current and complete.
You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all activities that occur under or in connection with your password or account.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
We are not and shall not be liable in any manner for any losses caused by any unauthorized use of your account, or any claims of loss or damage arising from your failure to comply with these account and password requirements. You may however be liable for any losses incurred by us or other parties due to any such unauthorized use or your failure to comply with these account and password requirements.
Right to Refuse Service
The Services are not available to temporarily or indefinitely suspended users, as determined in our sole and absolute discretion. Moreover, we reserve the right, in our sole and absolute discretion, to cancel unconfirmed or inactive accounts. Without limitation, we reserve the right to refuse service to anyone and terminate access to the Services, for any reason or no reason, at any time, and without liability to you or any third party. Furthermore, you agree that we shall not be liable to you or any third party for any termination of access to the Services.
Pricing is valid as stated in each offer.
Prices are quoted in U.S. dollars. Islands In the Sun reserves the right to change prices, itineraries and routing without notice. All prices have been calculated based on tariffs and rates of exchange as of the date identified on each offer. US/Foreign Taxes and fuel surcharges, including September 11th Security Fee are included. Prices are current at time of posting. Airlines and hotels frequently change their prices as a result of fare increases and/or fuel surcharges. Please Call for Current Prices. PRICES MAY INCREASE BEFORE FULL PAYMENT FOR THOSE AND OTHER REASONS. AFTER FULL PAYMENT, PRICES ARE GUARANTEED EXCEPT ONLY DUE TO AN INCREASE IN GOVERNMENT IMPOSED TAXES OR FEES. BY PAYING YOUR DEPOSIT, YOU AFFIRMATIVELY AGREE TO THE POSSIBILITY OF SUCH INCREASES.
A minimum NON-REFUNDABLE deposit of US $300 per person is due and payable when reservations are initiated. Additional deposits are required for certain rail journeys, cruises, luxury lodges, exclusive island resort hotels, and non-brochure products. Your travel agent will advise you of the required additional deposit at the time of making your reservation.
6. FINAL PAYMENT.
Final payment must be received by Islands In the Sun at least 45 days prior to departure. For reservations made less than 45 days prior to departure, full and final payment is due at the time of making the reservation. Failure to make final payment when due will result in the reservation being automatically cancelled and you will be responsible for the cancellation fees specified in Sections 7 and 9. Payment of any money constitutes acceptance of all Terms as described herein by the purchaser and passenger.
7. METHOD OF PAYMENT.
Islands In the Sun accepts the following forms of payment: cash, check, money order, ACH/Wire Visa, MasterCard, American Express and Discover cards. The authorization to use a credit card indicates you or your client’s compliance with these Terms.
8. AIRLINE TICKETING/ CANCELLATION.
If you cancel your reservation, it is your responsibility to pay any cancellation fees imposed by the airline of up to 100% of the airfare. Any deviation from the set itinerary may also affect the airfare, and you will be responsible for payment of any increase in the airfare should you change the set itinerary. After the air ticket is written, any change requiring ticket re-issuance (such as a change in airline dates, routing, stops, or change of name due to the name provided to Islands In the Sun not being exactly the same as the name on the passport) will incur a US $100 change fee plus any change and cancellation penalties charged by the airlines. The airfare includes Taxes and Fees such as: U.S. Departure and Arrival Taxes, Customs and Immigration Fee, Inspection Service Fee, Civil Aviation Security Fee, September 11 Security Fee, Los Angeles P.F.C. Tax, and International landing and departure taxes.
9. AMENDMENTS TO CONFIRMED BOOKINGS.
After confirmation has been received there is a US $100 amendment fee each time an itinerary is revised. No amendments will be made until a deposit is received. Amendments made after documents have been issued will incur a US $150 fee to cover courier costs, communication costs and additional time to coordinate the changes.
10. CANCELLATION FEES.
The following cancellation fees will apply on land arrangements based on time before departure that Islands In the Sun receives actual notice of the cancellation:
45 days or more: Loss of full deposit
Between 44-21 days: 20% of total price
Between 20-10 days: 35% of total price
Between 9-1 days: 60% of total price
Day of departure: 100% of total price
Separate cancellation policies/fees apply to select products such as, but not limited to, private touring, yacht charters, cruises, luxury lodges, rail journeys and travel over special events and holiday periods. For cancellations within 60 days of use, penalty is assessed by supplier and may be up to 100% of total price.
11. DOCUMENT DISPATCH.
Documents will be dispatched upon the following schedule, but only after the booking is complete and full payment has been received.
Days prior to departure 45+ 44-21 20-10 9-1
Day of document dispatch 21 14 7 6-1
12. REFUNDS & UNUSED SERVICES.
Travel arrangements cancelled, amended or altered within 24 hours of your departure or once travel has commenced do not qualify for any refund whatsoever, whether part of a package vacation or individual components, nor can components be substituted for alternative arrangements. Unused services are not refundable.
All passengers require a valid passport and, in most instances, visas. It is the passenger’s responsibility to have a valid passport and the necessary visas for the countries being visited. Islands In the Sun accepts no responsibility if you do not have the correct documentation for your vacation.
14. WHAT IS NOT INCLUDED.
Items of a personal nature such as laundry, drinks, telephone and fax charges, visa and passport fees, vaccinations, meals not specified, porterage, gratuities (unless specified) and departure taxes.
15. ALTERATIONS TO TRAVEL ARRANGEMENTS.
a) Every effort will be made to provide arrangements as described, booked and invoiced. Islands In the Sun reserves the right to alter or cancel travel arrangements at any time. Islands In the Sun will then provide, wherever possible, similar travel arrangements. Where travel arrangements of a lower standard only are available, Islands In the Sun will refund the difference between the price of arrangements booked and the actual arrangements provided. If the arrangements provided are of higher standard, there will be an extra charge to you. b) In the case of a supplier failing to provide travel arrangements as reserved, either shortly before or on arrival, Islands In the Sun will make every effort to provide alternative arrangements on the above basis, but shall not otherwise be liable to compensate you where such failure on the part of the supplier to provide travel arrangements is beyond our control.
Twin Share/Double Occupancy accommodations are based on two single beds or one double bed as provided by the hotel. Hotels provide triple accommodation generally with a twin or double-bedded room and one rollaway bed at an additional charge. Single room accommodations must be booked by people wishing to travel alone. Special requests such as non-smoking floors or king-size beds cannot be guaranteed.
17. SPECIAL REQUIREMENTS.
You or your travel agent are responsible for advising Islands In the Sun of any medical conditions that may in any way affect your ability to undertake the travel arrangements that you have purchased. In the event you have notified Islands In the Sun of such medical condition, you must provide a letter from your doctor stating the nature of the medical condition and certifying that you are physically fit to undertake the travel arrangements as purchased with or without any reasonable accommodations that can be provided. Regardless, Islands In the Sun accepts no responsibility for special requirements not provided. By you, your travel agent, or your designated representative booking your travel arrangements (or any activity or event therein), you hereby represent and warrant that you are physically fit and capable of taking part in any activity or event within your travel arrangements. Moreover, YOU AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL POTENTIAL RISKS OR INJURIES, WHICH MAY BE ASSOCIATED WITH PARTICIPATION IN SUCH TRAVEL ARRANGEMENTS.
18. PRIVACY AND USE OF PERSONAL INFORMATION.
Your privacy is important to us. We collect and store "Personal Information" when you register and/or browse through the Services. Users of our Services should refer to our Privacy Notice for more detailed information about how we collect and use Personal Information. By using the Services and accepting these Terms, you expressly consent to our use of your Personal Information as described in our Privacy Notice, which is found at http://www.islandsinthesun.com/privacy-policy.asp and incorporated herein by reference.
19. CONSENT TO MONITORING.
We reserve the right to monitor your use and activities on the Services, and you acknowledge and agree that we may (but are not required to) do so, and that we may disclose any such information if and as we deem appropriate for purposes of ensuring your compliance with these Terms, applicable law, cooperating with legal authorities, and otherwise protecting our rights, property and interests.
20. CONSENT TO ELECTRONIC COMMUNICATIONS.
When you use the Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically; however, you may choose to opt out of receiving our electronic communications by emailing us of your decision to opt out at firstname.lastname@example.org.
You further agree that any notices provided electronically by us are deemed to be given and received on the date any such electronic communication is transmitted. Please be aware that emails to you from us may be routed to your "Spam" or "Junk" folder. It is your responsibility to check your "Spam" or "Junk" folder and change your settings to allow emails from us if or as needed.
21. LINKS TO OTHER WEBSITES AND COMPANIES.
We may provide (and permit other parties to provide) links to other websites, resources or companies. Because you acknowledge and agree that we have no control of such websites, resources or companies, we are not responsible for the availability of such websites, resources or companies, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites, resources or companies, including their collection of your Personal Information. You should consult their privacy policies/notices and terms and conditions. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website, resource or company. Your linking to any other website is at your own risk. Please be mindful of this if you elect to link to other outside websites.
22. PROHIBITED CONDUCT.
You acknowledge and agree that you are fully responsible and liable for your use of the Services, including for any Content you access or transmit via the Services and material that results from your use of the Services, and that you shall bear all risks regarding use of the Services.
You agree not to use the Services to engage in any prohibited conduct that violates any applicable law or regulation, our rights, or the rights of any third party.
USE OF OUR SERVICES FOR THE FOLLOWING ACTIVITIES IS STRICTLY PROHIBITED:
(a) Harm to Minors. Using the Services to harm, or attempt to harm, minors in any way.
(b) Illegal Use. Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any related rules or regulations.
(c) Invasion of Privacy. Using the Services for activities that invade or violate another’s privacy.
(d) Intellectual Property Right Violations. Using the Services to engage in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets or any other proprietary right of any third party.
(e) Obscene or Indecent Speech or Materials. Using the Services to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials. We shall fully cooperate with law enforcement if we become aware of any unlawful use of the Services or in any connection with child pornography, the solicitation of sex with minors or any other obscene or indecent use.
(f) Harassment, Defamatory or Abusive Language. Using the Services to transmit, post, upload or otherwise make available defamatory, harassing, abusive or threatening material or language that encourages bodily harm, destruction of property or harasses another.
(g) Hacking or Unauthorized Access. Using the Services to access illegally, or without authorization, the computers, accounts, equipment or networks belonging to us or another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans or other information gathering activity.
(h) Distribution of Internet Viruses, Trojan Horses or Other Destructive Activities. Using the Services to distribute information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail bombing or denial of service attacks. Using the Services for activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service or equipment.
(i) Facilitating a Violation of these Terms. Using the Services to advertise, transmit or otherwise make available any software product, product or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
(j) Unsolicited Commercial Email/Unsolicited Bulk Email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited, including where email is generated by third party software such as a virus or malware. Using deliberately misleading headers in emails sent to multiple parties is strictly prohibited.
(k) Collection of Personal Data. Using the Services to collect, or attempt to collect, Personal Information about third parties without their knowledge or consent.
(l) Resale. The sale, transfer or rental of the Services to customers, clients or other third parties, either directly or as part of a service or product created for resale.
23. OUR PROPRIETARY RIGHTS.
You acknowledge and agree that all Content included in or made available through the Services by us is our property or our Content suppliers’ property and is protected by United States and international copyright laws. You may not use, reproduce or distribute any Content on our Services without our prior written consent, except as permitted by law.
You also acknowledge and agree that all graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are our trademarks or trade dress ("Trademarks"), or used by us with permission. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or users, or in any manner that disparages or discredits us or any other person. All other trademarks not owned by us that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and you should and agree to respect their rights.
You acknowledge and agree that the Services and any software used in connection with the Services (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All of the Software shall remain our property and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
24. COPYRIGHT POLICY & PROCESS FOR ALLEGATION OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property rights of others and expect our users to do the same. We may terminate access to the Services for users whom we believe to be infringers, at our sole discretion.
It is our policy to respond expeditiously to claims of infringement. We will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable laws.
If you believe in good faith that your copyrighted material has been posted on the Services in violation of any applicable rights or licenses, and you want this material removed, you must provide us with a written communication that details the information listed in this Section.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
COPYRIGHT INFRINGEMENT NOTIFICATION:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright interest that is allegedly infringed.
(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of alleged infringed copyrighted works.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including a link or description of where the claimed infringing Content is located on the Services so that we are capable of finding and verifying its existence.
(d) Contact information, including identification of the copyright owner, your name, address, telephone number and email address.
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
Send the written infringement notice and the materials above to our "Copyright Agent" at the following address:
Islands In the Sun
6171 W Century Blvd Ste 160
Los Angeles, CA 90045
Attention: Copyright Agent
Upon our receipt of notices in substantial compliance with the requirements of this Section and the DMCA, we will use our reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Islands In the Sun purchases transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to its control. Islands In the Sun CANNOT, THEREFORE, BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES that may occur due to (a) intentional, wrongful, negligent, or arbitrary acts or omissions on the part of a supplier, its employees and others not under the direct control of Islands In the Sun, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, Islands In the Sun cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion, or any causes beyond the control of Islands In the Sun. In no event will Islands In the Sun be responsible for incidental, consequential or special or incidental damage or loss suffered by any person. Islands In the Sun’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Islands In the Sun for its services. In issuing tickets and coupons for transportation of the purchaser by any means, and making arrangements for hotel or other accommodation, Islands In the Sun is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Islands In the Sun shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. Airlines and other transportation providers (e.g., motor coach operators) are not liable for any detention, delays, loss, damage, sickness or injury, however or by whomever caused, during the time passengers are not on board their planes or conveyances. The contract of carriage used by such transportation providers when issued shall constitute the sole contract between the transportation providers and the purchaser of these vacation arrangements.
This Section is subject to Sections 26 through 29.
26. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SUCH SERVICES AND THE MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICES AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES THAT WE PROVIDE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ACCEPT SUCH RISKS AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES PARTICIPATING IN THE SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT (A) THE SERVICES MAY NOT BE UNINTERRUPTED OR ERROR-FREE; (B) YOU MAY BE EXPOSED TO VIRUSES OR OTHER HARMFUL APPLICATIONS AND A VARIETY OF MATERIALS AND INFORMATION THAT MAY BE OFFENSIVE TO YOU THROUGH THE SERVICES; (C) WE DO NOT GUARANTEE THE SECURITY OF THE SERVICES; (D) BY USING THE SERVICES, UNAUTHORIZED THIRD PARTIES MAY BE ABLE TO ACCESS YOUR COMPUTER OR FILES OR OTHERWISE MONITOR YOUR CONNECTION AND ACTIVITIES; AND (E) AVAILABILITY OF THE SERVICES IS BASED ON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SPECIFIED IN THESE TERMS, AND THE USE OF THE SERVICES WOULD REQUIRE A SUBSTANTIAL CHARGE TO YOU IF ANY OF THESE TERMS WERE UNENFORCEABLE.
27. LIMITATION OF LIABILITY; TIME FOR COMMENCING ACTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR OWNERS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHETHER ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PRODUCTS OR SERVICES ORDERED THROUGH THE SERVICES, UNAUTHORIZED ACCESS, DAMAGE, THEFT, CLAIMS FOR LOSS OF GOODWILL OR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICES, STOPPAGE OF OTHER WORK, IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION) OR OTHERWISE, AND REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE, OR WHETHER SUCH ACTION OR CLAIM IS BROUGHT IN TORT, CONTRACT OR ANY OTHER BASIS.
IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SERVICES, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT ANY ALLOWABLE CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED.
28. DISCLAIMER AND RELEASE.
In the event that you have a dispute with a third party, you agree to release us (including our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with such third parties or to your use of the Services. We reserve the right to monitor disputes between you and such third parties if in any way alleging to involve the Services.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
To the extent that we attempt to resolve a dispute between users, which we are not required to do so, we will make such attempt in good faith based on our policies and these Terms.
You agree to promptly and completely indemnify and hold harmless us, our owners, and our and their suppliers and licensors, officers, directors, employees, agents, attorneys, affiliates and representatives from any and all claims, liability, loss, damage, cost, or expense (including, without limitation, all costs of defense, including reasonable attorneys’ fees, court costs, the costs of investigation and any appeal and damages) arising out of or in any way related to (a) your use and any actions taken by you in connection with your use of the Services; (b) Content you submit, post to or transmit through the Services; (c) your connection to the Services; and (d) any violation of any third party's rights or a violation of law or regulation, or any breach or violation of these Terms. Such indemnification shall not be construed to limit or exclude any other claims or remedies that we may assert under these Terms, by law or in equity, all of which are hereby expressly reserved.
30. GOVERNING LAW.
This Agreement shall be construed in accordance with, and governed by, the internal laws of the State of California without reference to any choice-of-law rules.
31. ARBITRATION OF DISPUTES.
If any dispute, difference or disagreement of any kind whatsoever arising out of or relating to the Services, this Agreement, its breach or interpretation, or the performance of any obligation hereunder (a "Dispute") shall arise between you, on the one hand, and us, on the other (each a "Disputing Party"), the Disputing Parties shall attempt, in good faith, to first resolve or settle the Dispute by mutual discussions. All discussions and negotiations under this Section shall be confidential and shall be treated as compromise and settlement negotiations, and no oral or documentary representations made by the Disputing Parties during the discussions and negotiations shall be admissible for any purpose in any subsequent proceedings. If any Dispute is not resolved within twenty (20) days of receipt by a Disputing Party of notice of a Dispute (or within such longer period as to which the Disputing Parties have agreed in writing), then, on the request of any Disputing Party, the Dispute shall be submitted to arbitration in accordance with this Section.
Any Dispute not resolved by mutual discussions (as set forth above) shall, on the receipt of a demand for arbitration, be finally and exclusively settled through binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules (the "Rules") then in effect. Unless otherwise agreed by the Disputing Parties in writing, the arbitration shall be held, and the award shall be issued in, Los Angeles, California. The arbitration shall be conducted before a single arbitrator, who shall be neutral and independent of the Disputing Parties. The arbitrator shall be selected by an agreement between the Disputing Parties, except that if the Disputing Parties are unable to agree within twenty (20) days after the arbitration commences, the arbitrator shall be appointed as provided in the Rules.
The Disputing Parties intend to preserve their rights under any applicable law to seek and obtain provisional relief from any court of competent jurisdiction to the extent necessary to preserve the status quo pending the appointment of the arbitrator or to protect meaningful relief in the arbitration. Once appointed, the arbitrator shall have full authority to grant provisional remedies and to direct the Disputing Parties to request that any court modify or vacate any temporary or preliminary relief by such court, and to award damages for the failure of any Disputing Party to respect the arbitrator’s orders to that effect.
Any arbitration proceeding to enforce, confirm, modify or vacate a decision or award rendered hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. In arriving at a decision, the arbitrator shall be bound by the terms and conditions of this Agreement and shall apply the governing law of this Agreement without regard to conflicts of law principles. The arbitrator shall award the prevailing party all reasonable costs, expenses and attorneys’ fees incurred in connection with the arbitration proceeding. The award, which shall be in writing and shall state the findings of fact and conclusions of law upon which it is based, shall be final and binding on the parties and shall be the sole and exclusive remedy between the parties regarding the issues submitted to arbitration. Judgment may be entered in any court of competent jurisdiction.
The parties involved in the Dispute expressly intend and agree that class action, collective action and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to these Terms; that neither party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and that each of the parties shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.
32. MAPS AND PHOTOGRAPHS.
Maps shown are for general information only and may not necessarily reflect actual routings and services provided. Hotel photographs may not necessarily reflect the standard of any room purchased.
33. CST # 2001136-50.
CST # 2001136-50 Registration as a seller of travel does not constitute approval by the State of California. The following and the conditions on our brochures are our conditions upon which the contract between us, the seller of travel services, and the passengers may be canceled. Upon cancellation of the transportation or travel services, where you, the customer, are not at fault and have not canceled in violation of the terms and conditions, if any, of the contract for transportation or travel services, all sums paid to Islands In the Sun for services not received by you will be promptly refunded by Islands In the Sun to you unless you otherwise advise Islands In the Sun in writing. California law requires that the following statement be made to customers located outside of California at the time of purchase: "This transaction is not covered by the California Travel Consumer Restitution Fund. You are not eligible to file a claim against that Fund in the event of Islands In the Sun’s default." We are required under California law to advise you of the following: For passengers located in California only, in the event of Islands In the Sun’s default, you may be eligible for a refund of up to US $15,000 from the California Travel Consumer Restitution Fund. If you were located in California at the time of your purchase, you have a right to make a claim against the fund for a refund of any money paid to Islands In the Sun that is due because of Islands In the Sun’s bankruptcy, insolvency, cessation of operations, or material failure to provide the transportation or travel services sold. The claim must be filed within six months after the completion date of your travel. For a claim form and additional information, write to: Travel Consumer Restitution Corporation P.O. Box 6001, Larkspur, CA 94977-6001.
Islands in the Sun is an Active Member of the United States Tour Operators Association ("USTOA"). Complete details of the USTOA Travelers Assistance Program may be obtained by writing to 275 Madison Avenue, Suite 2014, New York, NY 10016, by email to email@example.com or by visiting www.USTOA.com.
We shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances. BY USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. These Terms shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between us and any other party. If any term or provision of these Terms or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, in whole or in part, the remainder of these Terms or the application of such provision to the persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each other provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. Our Services are subject to existing law and legal process, and nothing contained in these Terms shall waive or impede our right to comply with law enforcement requests or requirements relating to your use of Our Services or information provided to or gathered by us with respect to such use.
(Last Updated April 11, 2016)