Terms and Conditions

Last Updated January 16, 2024 

Breeze Travel, Inc., dba Caribbean Travel and Tours, a corporation organized in Kingstown, Saint Vincent and the Grenadines, and its subsidiaries (hereinafter “BTI,” “we,” “us”) are a technology-led travel wholesaler, offering Caribbean travel packages and products to travel agencies and their clients through a variety of travel suppliers via its third-party travel supplier online marketplace at Carribeantravelandtours.com (hereinafter “Supplier Marketplace”). We seek to serve our travel agent community and their clients (hereinafter “you,” “traveler” or "client”) by offering a consolidated marketplace of travel suppliers in the Caribbean and beyond offering travel services and products (“Travel Products”).

CONTRACT

We draw your attention to the terms and conditions of travel herein (“Terms and Conditions”), such Terms and Conditions including all brochures, documents, correspondence, our Privacy Policy and the terms and conditions of our third-party suppliers (“Suppliers”) form the basis of the contract with you (and as applicable, your respective client(s)). Before making a booking with BTI you must ensure you have read and understand these Terms and Conditions. Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action, venue selection, and notice clauses. By accessing the Supplier Marketplace, or asking BTI to confirm your booking, you, on behalf of yourself and any person(s) for whom you are accessing or using the Travel Products are accepting all the Terms and Conditions and acknowledging that you have read the Terms and Conditions and agree with all terms and conditions herein. In addition you acknowledge and confirm that i) you are of sufficient legal age to use the Supplier Marketplace and the Travel Products and to create a binding legal contract, including responsibility for any liability you might incur as a result of the use of the Supplier Marketplace or any Travel Product, (ii) you have read and understand all of these Terms and Conditions, (iii) you agree to be bound by all of these Terms and Conditions and you have full authority to bind any traveler or guest on the booking to all of these Terms and Conditions, (iv) you acknowledge that these Terms and Conditions are the legal equivalent of a signed, written contract between BTI and yourself, (v) all information supplied by you and anyone traveling with you, or using your name or account, in using the Supplier Marketplace and/or Travel Products, is true, complete, and correct, (vi) you are financially responsible for all Travel Product bookings by you and those using your name and/or account, (vii) you acknowledge that some Suppliers have age requirements and restrictions for purchase and use of their accommodations and services, and you and any other travelers booked with or through you shall be subject to such requirements and restrictions, and (viii) should you make a reservation or purchase for other people, you shall inform them of these Terms and Conditions, the terms and conditions of all suppliers, policies, rules, and restrictions that apply.

If you, or any person for which you are representing is not willing to be bound by all of these Terms and Conditions, including without limitation the preceding acknowledgement and agreement, then you must not continue to access the Supplier Marketplace or any portion thereof, or make any booking(s). BTI does not grant you any right or license to access the Supplier Marketplace of book the Travel Products or any portion thereof. You acknowledge and agree that you act as an agent for all of those names in any purchase or booking made through BTI and accept these Terms and Conditions on behalf of all persons named in any booking (including those added at a later date). You represent and warrant that you are authorized to accept these Terms and Conditions for and on behalf of every person named in the booking (including those added at a later date). Parent/Legal Guardians accept these Terms and Conditions on behalf of all minors.

You understand that BTI and their respective officers, shareholders, board members, employees and agents (collectively the “Released Parties”) are not the source or supplier of the travel products or services you have requested and/or booked and acts solely as a technology company offering a Supplier marketplace of travel products in the Caribbean. You have been advised that the Suppliers whose names appear in the information and confirmations supplied to me are the entities who are responsible for providing the travel products you have purchased.

VIOLATIONS OF THIS CONTRACT

You hereby agree that any violation of the Terms and Conditions may result in (a) the cancellation of your booking(s) or purchase(s), (b) your forfeiture of any monies paid for your booking(s) or purchase(s), (c) you being denied access to BTI’s Supplier marketplace, and (d) your being denied access to the applicable travel related product(s) or service(s).

TRAVEL PRODUCTS & NON-RESPONSIBILITY 

In our role as a technology-led wholesaler of Travel Products, we act as an intermediary and independent contractor between you and the Supplier(s); no joint venture, partnership, employment, agency, representative, fiduciary, or similar relationship exists between you and us, or any Supplier related to the Travel Products, as a result of your booking of the Travel Products. You hereby understand and agree that BTI does not provide, own, or control the Travel Products that are listed on the Supplier Marketplace, or any other travel product or service that are provided as part of any package or travel booking, such as flights, accommodations, cruises, car rentals, transfers, excursions, activities, or travel insurance. The Travel Products are owned, controlled, or made available via Suppliers such as airlines, hotels, resorts, cruise lines, tour operators, transfer providers, etc. The Suppliers are solely responsible for the Travel Products. Thus, in booking any Travel Products, additional Supplier terms and conditions, policies, rules, and restrictions (collectively, “Supplier Terms”) shall apply to your booking and purchase of Travel Products. All interactions with any Supplier(s) is at your own risk; BTI does not bear any responsibility or liability should anything go wrong with your booking or during travel. BTI shall not be responsible for any loss, accident, injury, death, defect, omission, or irregularity which may occur, whether by reason of any act, negligence or default of any company of person engaged in or responsible for carrying out any arrangements, accommodations or otherwise in connection therewith.

All tickets, receipts, coupons, and vouchers are issued subject to the Supplier Terms, and by accepting the coupons, vouchers, and tickets, or utilizing the services, you agree that neither BTI nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of BTI. BTI assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; BTI assumes no responsibility or liability for personal property; and BTI shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. BTI accepts no responsibility for lost or stolen items.

BTI wants you to be aware that certain Suppliers pay BTI commissions as well as incentives for reaching sales targets or other goals. Suppliers may also provide compensation to BTI for various marketing and administrative services that BTI performs for them, such as granting access to BTI marketing channels, participating in marketing programs, and supporting technology initiatives. The relationships BTI has with Suppliers may also influence the Suppliers BTI identifies and the itineraries BTI recommends. While BTI may recommend certain destinations of travel and Suppliers, these are solely suggestions; any and all decisions as to appropriate destinations of travel and Suppliers are your sole and exclusive decision and BTI does not accept any responsibility or liability should you, your client, or anyone associated with the booking be dissatisfied, for any reason, due to the destinations and Suppliers BTI may recommend. BTI may also include a fee that may or may not be separately identified in the pricing for the Travel Products listed on the Supplier Marketplace. The total price for the booking or purchase will already include BTI’s fee(s) but may or may not be listed as a separate line item.

BOOKING AND PURCHASE

Pursuant to these Terms and Conditions and the Supplier Terms, you acknowledge and agree to abide, without limitation, to the payment of all amounts when due and in full compliance with the applicable Supplier Terms. You acknowledge that some Suppliers may require you to sign a liability waiver or other forms prior to using their services, and you understand that your unwillingness to do so may result in a cancellation of your reservation(s), being denied access to the Supplier’s services and Travel Products, and forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier Terms. You understand that any violation of any such Supplier Terms, including without limitation, timely payment, may result in (i) you forfeiting any monies paid for such reservation or purchase; (ii) cancellation of your reservation or purchase; (iii) you being denied access to any hotels, or any other Travel Products; and (iv) BTI debiting your account for any costs we incur as a result of such violation. You acknowledge and agree that: (i) Suppliers may change their prices without notice prior to reservation or purchase by you; and (ii) you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of your Travel Product booking(s), including without limitation all bookings and purchases you make.

Your reservation/purchase may be non-refundable and non-cancellable. Any cancellation or change, if permitted, is subject to the policies of the Suppliers that you selected and pursuant to the terms listed in the section entitled “Changes & Cancellations of Bookings.” At the time of reservation/purchase, you may be charged the total cost of the Supplier’s Travel Products that you selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check in/out from the hotel and any airfare fees including, but not limited to, baggage fees, seat assignment fees, early boarding fees, etc.). If applicable, certain mandatory hotel-imposed charges are payable to the property upon check-in or check-out (e.g., mandatory resort fees); any incidental charges that you make during your stay will be charged to you by the property upon check-out, including but not limited to parking, phone calls, internet access and room service. In addition, some Suppliers may require a credit or debit card at the time of check-in as a form of security and/or hold. Certain Suppliers, such as transportation or car rental companies, may also have age requirements; please check with the Supplier, property owner or applicable third-party company for more information. If permitted, changes to your reservation/purchase are subject to the policies of the Suppliers that you selected. If permitted, and you choose to change your reservation/purchase, you may incur a change fee, plus any difference in the fare attributable to the change. If your reservation/purchase is with multiple Suppliers, and if cancellation is permitted by one Supplier and not the other, you will not be refunded for the portion of your trip for which cancellations are not permitted and you will be required to cancel, without any refund, all of your booked Travel Products. If cancellation is permitted, you may incur cancellation fee(s). The amount of the cancellation fee will depend on the Supplier Terms. Upon receipt, you are responsible for promptly reviewing your reservation, purchase confirmation, and/or itinerary for accuracy and you must immediately notify us of any errors. Airline tickets are always non-transferrable and non-refundable and subject at all times to the air carrier terms and conditions.

If, for whatever reason the credit/debit card you provide for any payment is subsequently found to be fraudulent or lacking sufficient limits or funds to make the full payment, we reserve the right to perform any (or a combination) of the following: (i) decline your payment and require another form of payment to secure your booking; (ii) cancel any reservation/s you made; (iii) immediately require full payment from another credit card at the going rate for your accommodation(s) at the time of your full payment; (iv) terminate and restrict your ability to utilize our services at any time in the future; and (v) we may pursue any remedy necessary, including, but not limited to pursuing legal action.

CREDIT CARD BOOKINGS

We utilize a third-party payment processor to complete all transactions initiated on our Website or via our telephones. We accept all major credit cards including Visa, Mastercard, American Express, and Discover. By booking or making a purchase in our Supplier Marketplace or via a BTI customer service representative or agent, you hereby authorize and agree for BTI to charge your card. As such you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our Supplier Marketplace, website or phone to make a booking or purchase, you accept and agree to our cancellation policies and the Supplier cancellation policies as outlined in the Supplier Terms for your booking or purchase. BTI retains the right to dispute any chargeback that is improper and recover any costs, including attorneys’ fees related to improper chargebacks. At BTI’s exclusive discretion, improper chargebacks that are in dispute may not be subject to the arbitration clause below. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel booking or purchase related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.

Chargebacks resulting from force majeure or other circumstances that are beyond the control of BTI or the Supplier.

Chargebacks resulting because you do not agree with the cancellation policy.

MERCHANT OF RECORD

You acknowledge that Breeze Travel, Inc. is the merchant of record on all bookings or purchases. The charge on your credit card statement for a reservation/purchase will reflect Breeze Travel, Inc.

BANK /CREDIT CARD FEES & CURRENCY CONVERSIONS

We process all payments in US dollars. If you are located outside of the United States, we will not process your credit card in local currency, unless the local currency is US dollars. You acknowledge and agree that some banks and credit card companies charge fees for international or cross border transactions. The same shall apply for any payments you choose to make while on-site at any international accommodation (including, but not limited to, resort fees, VAT taxes). Often booking international travel may be considered an international transaction by your bank or credit card company or the bank or credit card company of those who are named in the booking. Some banks and credit card companies also charge a currency conversion fee. This fee is determined solely by the currency exchange rate and your credit card company or bank typically on the day the transaction is processed. If you have questions concerning any of these fees, please contact your bank or credit card company prior to booking on the Supplier Marketplace.

PRICE & RATE CHANGES

You understand that all prices for any Travel Product or Service listed in the Supplier Marketplace is accurate as of the date its posted but is subject to change at any time and without notice up until your booking is confirmed. We reserve the right to change any prices from time to time as Suppliers adjust their pricing. Prices that include costs for fuel and local taxes are estimated at the date of issue and are subject to change. After the date of your purchase, supplemental price increases or decreases may be imposed, including but not limited to: increases and decreases resulting from fuel airport charges, scheduled air fares and other transport charges which form part of your contract with the transport Supplier, dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes, port fees, or fees payable for services may cause your booking cost to increase or decrease prior to travel. You acknowledge and agree that BTI can charge the additional sums owed to the credit card on file for the outstanding amount owing. BTI shall provide a refund to the credit card on file with the purchase for all supplemental decreases.

We reserve the right to make changes and correct errors to any advertised prices listed on our Supplier Marketplace at any time before or after a purchase is confirmed. We will advise you of any errors of which we are aware and the applicable price at the time of purchase. If we become aware of the error within a reasonable time after your booking or purchase has been made, we reserve the right to cancel your booking or purchase and process an immediate refund in full for any amount paid toward the booking or purchase.

TRAVELER INFORMATION & DOCUMENTATION

You will review all travel documents for accuracy, including understanding the cancellation policies and Supplier’s Terms carefully and promptly upon receipt and understand that you may contact BTI if you have any questions. We shall not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Any modifications or corrections may incur additional fees. You understand that discounted fares typically involve restrictions and that changing any aspect ofyour travel arrangements may result in the payment of additional fees.

You understand that when traveling domestically or internationally, certain documentation is required to travel depending on your point of origin and your destination. .. You are aware that the name, date of birth and gender that appears on the identification card(s) must exactly match the same such data that is listed on the airline ticket and in the booking record(s) and confirmation(s). You understand that if traveling internationally, you must have a valid passport and depending upon your destination and nationality, you may need to obtain one or more visas. BTI strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of travel. You acknowledge that your failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing you to miss your flight and/or incur additional charges and fees.

CHANGES & CANCELLATIONS OF BOOKINGS

Changes & Cancellation By You Or Those Named In The Booking
Changes to a booking are considered canceled services, and as such, additional cancellation penalties may apply. Changes are subject to additional charges by Suppliers based on availability and may include additional fees or an increase the total package price. Changes to airfare are subject to the carrier’s Supplier Terms.

Changes or cancellation of travel can be made by contacting your travel agent to cancel or modify your booking or purchase. Travel agents must validate cancellations with BTI prior to confirming cancellations or changes by contacting the BTI’s customer service team as listed below. Change requests shall not be made directly with any Supplier (including, without limitation, any resorts or hotels), but instead with your travel agent. All Suppliers have their own cancellation policies and procedures, which apply to your booking(s). Upon receipt of your cancellation request BTI will contact Suppliers for any applicable refunds subject to the Supplier Terms. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not BTI. Suppliers may choose to provide you with a travel voucher or credit in lieu of a refund. BTI is not responsible for a Suppliers’ failure to pay a refund or for any Supplier’s bankruptcy or insolvency.

You agree to pay any cancellation or change fees that you incur. In some cases, certain Suppliers will not permit changes or cancellations after the booking is made, as indicated in the Supplier Terms provided with your booking. You acknowledge and agree that you may not be able to change or cancel certain types of reservations made on our Supplier Marketplace. Specifically, name change requests may be denied due to Supplier Terms and may be subject to full cancellation.

In addition to the Supplier Terms (unless non-refundable at the time of booking) all accommodation and land packages shall follow the following cancellation schedule:

If the reason for cancellation is covered under the terms of your travel protection policy, you may be able to reclaim these charges. For this reason, we strongly encourage the purchase of a travel protection including additional ‘cancel for any reason’ coverage. You can purchase travel protection separate from your booking with us via an authorized and licensed insurance agent or brokerage. Points cannot be redeemed for the purchase of travel protection insurance. 

Airline tickets are governed by the air carriers’ Supplier terms, and as such are non-refundable once issued. All changes made to airline tickets are subject to Supplier change fees pursuant to their terms and conditions.

Changes & Cancellation by Supplier(s) 
We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.

If between planning time and/or during actual travel, circumstances require changes, BTI and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of any trip package or Travel Product(s), including but not limited to, modifying hotels and accommodations of comparable quality, accommodating air schedule or surface transportation changes, making changes resulting from security matters, and/or other events make such alterations necessary (“necessary itinerary changes”). Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. We cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to any trip package or Travel Product(s) that have been changed as a result of the foregoing.

Airline schedules, fees, and applicable taxes are subject to change by the airline(s) without notice. If the airline completes a change on any airfare included in your booking that results in a fare difference, BTI will require you to make payment to maintain the booking, and no refund will be given for any downgrade assigned by the airline(s). Any and all payments towards airfare or any other air transmoration are non-transferable and non-refundable, and airfare cancellations shall be subject to yourapplicable air carrier’s terms and conditions.

No Refund for Unused Arrangements
As BTI’s prices are based on contract rates with Suppliers, there will not be any refund for any unused portion of a booking or purchase. If you cancel while the trip is in progress, there is no refund for the unused portion.

How to Cancel or Amend a Booking
To cancel or amend your booking, you must contact your travel agent directly. Your agent may liaise between BTI and you, but BTI is not responsible for managing your travel and shall have no liability or obligation with regards to communications with you, or between you and your travel agent or any Suppliers. Ultimately any issues that arise in connection with your travel must be resolved between you, your travel agent and your applicable Supplier, and you hereby release BTI from any liability, obligation, duty or responsibility in connection therewith.

TRANSMISSION OF PERSONAL DATA 

You acknowledge and agree that by providing us with any personal information for you, your client(s), and/or those traveling with you through the Supplier Marketplace or in booking our Travel Products, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with our and the industry standard business operating practices and all applicable laws and regulations. We will share your information with Suppliers and other third parties to process or complete transactions, obtain reservations for accommodations, secure transfers, among others, for Travel Products you have requested. It is imperative that we do so in order to obtain your booking. For more specific information on how we treat your personal information, please refer to our Privacy Policy.

DESTINATIONS, ASSUMPTION OF RISK & WAIVER 

Travel to certain destinations may involve greater risk than others. By purchasing any Travel Product, you acknowledge the inherent risks (listed below) associated with traveling to foreign destinations and shall be informed of all travel prohibitions, warnings, announcements, and advisories issued by the traveler’s government authorities. For U.S. citizens, information can be found at http://www.state.gov, and http://www.cdc.gov. For Canadian citizens, information can be found at: https://travel.gc.ca/travelling/advisories. For all other travelers, please review all applicable advisories by contacting your state department, ministry, or governmental authorities. In addition, you acknowledge and agree that you are obligated to understand the requirements for admittance, and the laws and regulations that govern the destination(s). SHOULD YOU CHOOSE TO TRAVEL TO A COUNTRY THAT HAS BEEN ISSUED A TRAVEL WARNING OR ADVISORY, BTI WILL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT RESULT FROM TRAVEL TO SUCH DESTINATIONS. 

Certain countries restrict travelers with criminal convictions, even if expunged. You understand and agree that it is solely your responsibility to be aware of any said restrictions and limitations to your travel.We shall not be liable for any denial of access or additional fees incurred resulting from any restrictions on your travel. Any cancellations shall be subject to our standard cancellation terms as set forth above.

You are aware that inherent risks include, but are not limited to, risk of injury or death from: motor vehicle collisions, animals, roadway hazards, slips and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, BTI and its employees, agents or representatives; attack by or encounter with insects, reptiles, and/or any other animal(s); accidents or illness occurring in remote places where there is no available medical services or insufficient medical services; fatigue, chills, overheating, dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

You understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. You are willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of injury, illness, or death. You accept and assume full responsibility for any and all risks of illness, injury, death and the negligence of BTI and agree to and shall hold harmless and fully release Releasees for any and all claims associated with your purchase and travel, including any claims for third-party negligence and/or negligence of Releasees, and you hereby covenant not to sue Releasees for any such claims or join any lawsuit or action that is suing Releasees. This agreement also binds to your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF LIABILITY section shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

COVID-19 RELEASE OF LIABILITY

By purchasing any Travel Product or Service, you acknowledge and agree that any travel will inherently involve a high risk for exposure to the highly contagious COVID-19 virus. You therefore voluntarily assume the risk for yourself, and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in injury, illness, permanent disability, and death even if such losses or injuries occur in a manner that is not foreseeable at the time you purchase your Travel Product or Service. You acknowledge and agree that exposure to such viruses or diseases (or any variation therefrom) is an inherent risk of traveling which cannot be controlled by BTI. You also agree that your Travel Product or Service may be postponed or cancelled, or changes may be made to your booking due to closures of certain sites or activities, for which there may be no refund. Some locations may require you to have proof of vaccination, quarantine upon arrival, proof of negative testing, and stopover country requirements may also apply. You are solely responsible for understanding these requirements and assessing these risks and must not rely on BTI or in the case of a client, you must not rely on your travel agent to provide these details or assess your risk. You also understand that you may become sick before, during, or after your travel and may not be able to continue on your scheduled itinerary or return home on the scheduled return date and such cancellation or interruption will be subject to our cancellation terms above, for which we will not be liable. We also shall not be liable for any additional expenses incurred resulting from any sickness acquired during travel. We highly recommend the purchase of travel insurance protection, if and when available, and we shall not be liable for any losses howsoever arising.

You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (collectively, the “Releasors”), HEREBY RELEASE, AND HOLD HARMLESS RELEASES of from and against any and all claims, damages, demands, losses, and liabilities arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19 or any other infectious diseases, viruses, etc., WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

INDEMNIFICATION 

 

To the extent permitted by law, you shall defend and indemnify us and hold harmless BTI, and each of our respective parents, subsidiaries, affiliates and each of our officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, causes of action, or demands (including reasonable legal and accounting fees) brought by third parties as a result of, caused by, related to or arising out of (i) traveler’s breach or violation, or threatened breach or violation of these Terms and Conditions; (ii) travel agent’s breach of violation, or threatened breach or violation of these Terms and Conditions; (iii) any damage/s caused by traveler or anyone listed on traveler’s booking while participating in travel or use of the Travel Products; and (iv) your booking of the Travel Products.

TRAVEL PROTECTION

Travel protection, including ‘cancel for any reason’ coverage is strongly recommended. Such plans can cover Trip Cancellation and Interruption, Medical Expenses, Emergency Evacuation/Repatriation, and Baggage Insurance. Travel protection plans can help protect you in the event of a loss of non-refundable deposits, purchases or payments that result from cancellation or trip interruption (due to a covered reason). Some travel insurance is limited in coverage based on the timing of its purchase in conjunction with your travel booking purchase(s). Some countries require foreign visitors to have valid medical insurance on entry. We shall not be liable for denied entry if you are unable to provide such details to authorities of insurance or for denial for any reason. Declining to purchase travel protection could result in the loss of part or all of your travel purchase cost and/or require more money to correct the situation. You agree that you are aware of your travel insurance protection options prior to booking with us and that if you choose to travel without adequate coverage, we will not be liable for any losses howsoever arising.

FORCE MAJEURE

We assume no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, viruses, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by us that impacts negatively on, or hampers, our or any Supplier’s ability to fulfill any of our contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our Supplier(s), we will refund these to you without any charge by us.

INSECTICIDE NOTICE.

You are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray

DISCLAIMER OF WARRANTIES. 

TO THE EXTENT PERMITTED BY LAW, WE, BTI and its affiliates, and all employees, shareholders, agents, and representatives thereof AND OUR SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING OUR WEBSITE AND THE TRAVEL PRODUCTS AND SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE, BTI, and its affiliates, and all employees, shareholders, agents, and representatives thereof, AND OUR SUPPLIERS AND OTHER SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH OUR WEBSITE AND/OR THE TRAVEL PRODUCTS & SERVICES (MUCH OF WHICH IS PROVIDED BY THIRD PARTIES), AND WE, [COMPANY NAME], and its affiliates, and all employees, shareholders, agents, and representatives thereoF, AND OUR SUPPLIERS AND OTHER SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES OR COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.

MODIFICATION

BTI, or any Supplier may, at any time, modify (i) the website, including modifying content or a feature on a website; (ii) Travel Products including eliminating or discontinuing any Travel Product without notice; (iii) any fees or charges for use of the Supplier Marketplace and/or Travel Products; (iv) our Terms and Conditions. Your continued use of our Supplier Marketplace, and website as a whole, shall be subject to the Terms and Conditions in force at the time of your use.

Governing Law, Submission to Jurisdiction

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Saint Vincent and the Grenadines. In the event Saint Vincent and the Grenadines does not have jurisdiction or will not maintain an action under its jurisdiction, the State of Florida shall have jurisdiction over any legal proceedings pursuant to the laws of Saint Vincent and the Grenadines.

DISPUTE RESOLUTION

You hereby agree that any and all claims shall be resolved by binding arbitration before a sole arbitrator rather than in court. This shall include, but is not limited to, any claims you assert against BTI, its subsidiaries, Suppliers, or any third-party offering Travel Products through our Supplier Marketplace, website, or over the phone (beneficiaries of this clause of the Terms and Conditions). This also includes any claims that may have arisen before you accepted these Terms and Conditions.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING STATUTORY DAMAGES, ATTORNEYS’ FEES AND COSTS) AND MUST ABIDE BY AND ENFORCE THESE TERMS AND CONDITIONS AS A COURT WOULD PURSUANT TO THE GOVERNING LAW LISTED IN THE SECTION ABOVE. 

Arbitrations will be conducted before a sole arbitrator that is selected and agreed to by both parties. To begin an arbitration process, you must provide notice of your claim(s) to: P.O. Box 572 Kingstown, St. Vincent and the Grenadines and give BTI 30 days to respond and/or resolve any claim. If we are unable to resolve the dispute, we will commence arbitration proceedings via a written request for arbitration to the contact method you provide in your notice to us (either via email or the mailing address provided).

A sole arbitrator shall be appointed by agreement of the parties. If the parties have not agreed on the appointment of a sole arbitrator within 30 days of the receipt of a notice of arbitration, then at the request of one of the parties, a sole arbitrator shall be appointed by a disinterested third party of BTI’s choosing.

Notice of ClaiM, JURY & CLASS ACTION WAIVER

You agree that you will only bring claims against BTI in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. BTI shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a vacation means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against BTI unless you have first provided a written notice of claim to BTI within 30 days after the INCIDENT GIVING RISE TO THE CLAIM. 

ENTIRE AGREEMENT, SEVERABILITY & WAIVER 

This agreement, including the Suppliers’ terms and conditions, any other documents, including invoices, that BTI provides you constitutes the entire agreement, and it supersedes all prior contemporaneous communications, website listing, phone/email proposals, whether electronic, oral, or written, with respect to BTI. If any section or part of these Terms and Conditions are found to be illegal, unenforceable or invalid, the validity, legality, and enforceability of the remaining provisions, in whole or in part, shall not be affected or impaired by any stricken section or part. If, at any time, BTI fails to enforce or delays enforcement of any provision of these Terms and Conditions, BTI does not waive its right to enforce the same or any other provision(s) in the future.