Original Caribbean Booking Conditions
1. Your vacation contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. Any bookings made are subject to confirmation from suppliers. Your credit/debit card will be charged once the vacation arrangements are confirmed. Should your vacation not be available or should there be any difference in cost we will contact you to discuss this and offer alternatives and in this instance you have the right to cancel with no penalty.
2. Your Vacation Price
1) We reserve the right to alter the prices of any of the vacations shown on our website. You will be advised of the current price of the vacation that you wish to book before your contract is confirmed.
2) When you make your booking you may pay a deposit of 15% of the accommodation and any other services PLUS the full price of any flight costs. The balance of the price of your travel arrangements must be paid at least 45 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies.
3) We accept payment by credit card and debit card - direct payments to us by credit card will not incur any additional charges.
4) Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of $1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another vacation if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your vacation go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
3. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of $50 and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
4. If You Cancel Your Vacation
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as shown below:
Vacation cancellation charges
|More than 42 days:
||Cost of flight – 100% Hotel cost refunded
|34 -42 days :
||Cost of flight plus 70% of total cost of the accommodation and other elements
|7 - 33 days :
||Cost of flight plus 90% of total cost of the accommodation and other elements
|Less than 7 days:
||100% of total cost of booking
(Above detailed amount of days is the period before departure within which notice of cancellation is received by us in writing)
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If you have booked a Cruise, any cancellation or amendments (including name changes) will incur the above charges in addition to any other charges in line with the relevant cruise line's terms and conditions.
In the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to us.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the vacation cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.
In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.
Note: Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
5. If We Change or Cancel Your Vacation
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 90 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements we will either provide a refund of all monies paid or provide alternative travel arrangements of a comparable standard if available (and we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause detailed below.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
Force Majeure - we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
6. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Original Caribbean, 166 Upper Richmond Road, London, SW15 2SH, UK or e-mail email@example.com giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
7. Passports, visas, health requirements and travel documents
The passport, visa and health requirements applicable at the time of printing to American citizens for the arrangements we offer are shown elsewhere on our website. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry contact documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us you will be responsible for reimbursing us accordingly. In the event we are asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
It should be noted that it may take a significant amount of time and up to 6 month to obtain the appropriate passport and visas depending on your circumstances.
Original Caribbean considers adequate travel insurance to be essential. Information about travel insurance can be found elsewhere on this website. Please read your policy and take it with you on vacation. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
For those who participate in sports, water sports and winter sports whilst on vacation it is your responsibility to ensure that you obtain the relevant insurance cover.
9. Our Liability To You
(1) In respect of Packages
We promise that your vacation arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
(2) In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ flight, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
- · The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- · The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
- · 'Force Majeure'
(4) Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Vacation Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is $50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your vacation.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(7) The services and facilities included in your vacation will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
10. Local Excursions/Activities/Events
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through our concierge service or whilst you are on vacation ("Local Events") are not part of your package vacation provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
11. Data protection/privacy
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 1004 and 49 C.F.R. parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA policies, or to review the system of records notice and the privacy impact assessment, please see the TSA website at www.tsa.gov.
12. Data protection/privacy
13. Special requests and medical problems
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
We are happy to advise and assist you in choosing a suitable vacation. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the vacation meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please contact us.
It is important to note that flights which are described as “direct flights” may not necessarily be non-stop. The departure and arrival times provided to us by airlines are only estimates and may change due to weather, air traffic control restrictions and operational issues. We cannot be held liable for these changes and advise that you reconfirm your flights at least 72 hours prior to departure. Furthermore special arrangements in relation to delays are the responsibility of the airline with which you are travelling.
15. Departure Taxes
In certain cases departure taxes may be charged when you depart your destination of travel, payable to the Government of the country from which you are departing. These are usually payable locally and are not included in your vacation price.
YOUR CONTRACT IS WITH T & G R Travel trading as Original Caribbean