Terms & Conditions
Terms & Conditions
Created December 30, 2020
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, online platform, email, or by telephone. By accessing, browsing, and using our mobile and desktop website or any of our applications through whatever platform (hereafter collectively referred to as our “websites”) and/or by completing a reservation, you acknowledge and agree to have read, understood, and agreed to the terms and conditions in our agreement.
Our pages, content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated, and provided by Bookbarbados.com Ltd. and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Service Providers, are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Service Providers. Each Service Provider acts in a professional manner through bookbarbados.com when making its products and/or service available on or through bookbarbados.com (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship).
Note that Service Providers may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own terms and conditions and house rules for the use, access, and consummation of their Service (which may include certain disclaimers and limitations of liability). Separate and distinct from that of bookbarbados.com
“Book Barbados,” “us,” “we,” or “our” means bookbarbados.com, an Online Travel Agency operated by BookBarbados.com Ltd. incorporated under the laws of the Barbados, and having its registered address at #4 Prior Park Heights, St. James, Barbados. “Platform” means the “mobile” and “desktop” website on which the service is made available owned, controlled, managed, maintained, and/or hosted by bookbarbados.com. “Travel Packages” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Supplier.
“Suppliers” means the provider of accommodations (e.g. All Inclusive Resorts, Hotels, Resorts, Guest Houses, Bed & Breakfast, Villas, Private Vacation Rentals, Shared Vacation Rentals), experiences (e.g. Activities, Attractions, Arts & Culture, Bespoke Experiences, Cruises, Event Tickets, Food & Drink, Tours, Transportation, Workshops & Classes), transportation provider (e.g. car rentals, cruises, bus tours, transfers), tour operators, travel insurances, and any other travel or related product or service, as from time to time available for booking on the Platform (whether B2B or B2C).
“Service Reservation” means the online purchase, order, (facilitated) payment, or reservation service as offered or enabled by bookbarbados.com in respect to various products and services as from time to time made available by Suppliers on our platform.
USE OF THE WEBSITE
Your use of this platform warrants that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use this platform to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- all information supplied by you on this platform is true, accurate, current and complete; and
- if you have a bookbarbados.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
SCOPE & NATURE OF OUR SERVICE
Through the Platform, we and our suppliers provide online reservations on our platform through which Suppliers—in their professional conduct of business (i.e. B2C or B2B)—can advertise, market, sell, promote, and/or offer (as applicable) their products and services for order, purchase, reservation, rent, or hire, and through which relevant visitors of the Platform can discover, search, compare, and make a booking or an online payment. By using or utilizing the supplier (e.g. by making a Reservation through the platform), you enter into a direct (legally binding) contractual relationship with the supplier with which you make a booking/reservation or purchase a product or service (as applicable). From the point at which you make your Reservation, we act solely as an intermediary between you and the Supplier, transmitting the relevant details of your Travel Package to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier. bookbarbados.com is not a supplier of any services displayed on our platform, and by extension does not (re)sell, rent out, or offer any Travel Packages or services.
When rendering our Services, the information that we disclose is based on the information provided to us by our Supplier. As such, the Suppliers that market and promote their Travel Packages on the Platform are given access to our systems and Extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on our Platform. Although we will use reasonable skill and care in performing our Services, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, (star) rating, or type of accommodation of any Supplier (or its facilities, venue, vehicles, (main or supplemental) products or services) made available, unless explicitly indicated or set out otherwise.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.
The prices as offered by the Service Providers on our Platform are highly competitive. All prices for your Service are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Prices posted on our platform by our suppliers may be subject to change without prior notice
Applicable fees and may be charged by the Supplier in the event of a no-show or cancellation.
- For each booking made on the portal, Book Barbados will collect all payments from the customer in advance based on individual payment terms and deposit schedules.
- For each booking you will receive an amount equal to the accommodation selling price less the commission and service fee amount for the type of booking confirmed.
- For each booking you will also receive the full amount of taxes, levies and any accommodation fees laid out in your pricing schedule. With regards to vacation rentals, there may be a booking fee of up to 15%.
Except if Book Barbados is required to pay any tax or levy directly to the Barbados Revenue Authority.
- Payments due to you will be processed by local bank transfer no less than 72 business hours after the arrival date for the full amount of the booking.
Sometimes cheaper rates are available on our Platform for a specific stay, product, or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Check the relevant product, service, and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
DISPUTES – ARBITRATION
In the unlikely event of a customer service problem or dispute, we have provided our Suppliers a 72-business hour window in which to reach a resolution. This means that we will revert with a resolution on each matter in no more than 14 business days from our confirmation of receipt of the issue via [email protected]
Should we be unable to reach a satisfactory result for your dispute, you agree not to bring any suit or initiate arbitration proceedings until 30 days after our confirmation of receipt of the issue. You may seek relief through arbitration as set forth below.
Arbitrations will be conducted in compliance with the Arbitration Act of Barbados
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a court proceedings.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Bookbarbados.com Legal: Arbitration Claims” at [email protected] . If we request arbitration against you, we will give you notice at the email address or street address you have provided.
PRIVACY AND COOKIES
FREE OF CHARGE FOR CONSUMERS, ONLY SERVICE PROVIDERS PAY
Unless indicated otherwise, our service is free of charge for consumers because, we will not charge you for our Service or add any additional (booking) fees to the rate. You will pay the the relevant amount as indicated in the Reservation (plus—insofar not included in the price—relevant applicable taxes, levies, and fees (if applicable)).
Suppliers pay a commission (being a small percentage of the product price (e.g. room price) to bookbarbados.com after the end user has consummated the service or product of the Supplier (e.g. after the guest has stayed at (and paid) the accommodations). Only Suppliers which have a commercial relationship with bookbarbados.com (through an agreement) will be made available on our Platform (for their B2B and/or B2C promotion of their product). Bookbarbados.com is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Bookbarbados.com does not allow non-professional parties to offer or sell their products on or through Bookbarbados.com.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
In case of a no-show or cancellation, you may be entitled to a refund of airport taxes and fees included in the price of the ticket purchased. Where you are eligible for a refund, you can request such a refund from Book Barbados customer service [email protected] , who will submit your request to the airline on your behalf.
Book Barbados may offer you the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Book Barbados is not liable for any costs incurred due to hotel relocation.
PREPAID HOTEL RESERVATIONS
You acknowledge that Book Barbados pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Book Barbados provides services to facilitate such booking of reservations for a fee. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Book Barbados and the facilitation fee retained by Book Barbados for their services. You authorize Book Barbados to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on Book Barbados’ services. You agree that your credit card will be charged by Book Barbados for the total reservation price. Upon submitting your reservation request you authorize Book Barbados, including BookBarbados.com Ltd., to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Book Barbados does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Book Barbados pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice Book Barbados for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Book Barbados does not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Book Barbados to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Book Barbados for their services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You may not book reservations for more than 9 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 9 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 10 or more rooms, you must contact Book Barbados’ customer service by [email protected] or by filling out the travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Bookbarbados.com Ltd. for your hotel booking.
PAY NOW OR PAY LATER DETAILS
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Now” option, Book Barbados will charge the amount to your credit card in US dollars immediately. If you select “Pay Later”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Book Barbados coupons may only be applied to “Pay Now” bookings.
- For each Pay Now booking made on the portal, Book Barbadoswill collectfull payment from the guest in advance at the time of the booking. Refunds due to cancellation prior to arrival will be issued by Book Barbados to the guest, based on the supplier’s individual payment terms and deposit schedules.
- For each Pay Now booking you will receive an amount equal to the selling price less the commission amount for the type of booking confirmed in accordance with the agreed commission structure set out.
- For each Pay Now booking you will also receive the full amount of taxes, services charges and any fees laid out in your pricing schedule, except under those circumstances where Book Barbados is required to pay any tax or levy directly to the Barbados Revenue Authority (BRA).
- For each Pay Later booking made on the portal, the supplier will collect all payments directly from the guest in accordance with their outlined payment terms and deposit schedules. Refunds due to cancellation prior to arrival will be issued by the supplier to the guest, based on the supplier’s individual payment terms and deposit schedules.
- Failure to clearly outline these terms at the time of booking, results in full payment being processed only at the time the guest checks in.
- For each Pay Later booking you will receive an invoice equal to the agreed commission amount calculated on the selling price only. Commision does not apply to taxes, service charges and any fees laid out in your pricing schedule.
- For each Pay Later booking you are required to pay any applicable tax or levy directly to the Barbados Revenue Authority (BRA).
BANK AND CREDIT CARD FEES
Your payment is processed in the Barbados, when we process your payment. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.
Your transaction will be processed in Barbados in USD or BBD. Please note that your card issuer may charge you a foreign transaction fee.
Book Barbados or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Please see bookbarbados.com’s Refund Policy here.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In order to indemnify you, please report fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Book Barbados’ secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
Book Barbados’ Rewards program is offered to the Website’s customers at the sole discretion of Book Barbados.com Ltd., and is open only to individuals who have reached the legal age of majority in their respective province/territory of residence, have a valid email address, and have enrolled in the program.
PAY WITH POINTS
Book Barbados allows points from selected loyalty programs (“Points Programs”) to be redeemed for certain travel-related goods and services on the Website. If you use or register to use any points on the Website these terms and conditions apply. To be eligible to use points on the Website, you must have an bookbarbados.com account, you must have an eligible account with the provider of the Points Program that is active and in good standing, and your purchase must exceed minimum transaction value for the use of your points (if any).
LINKING YOUR ACCOUNT: For Points Programs other than Book Barbados Rewards (Your Book Barbados Rewards account is automatically linked to your bookbarbados.com account), your Points Program account will be linked to your bookbarbados.com account during the registration process on the Website. Book Barbados reserves the right, in its sole discretion, to deny registration, de-link your Account, or terminate your ability to use points on bookbarbados.com for any reason. During and after registration, the Points Program provider may provide Book Barbados with information about your Account, including your points balance.
REDEEMING POINTS: There is no fee to redeem your points at bookbarbados.com. Points may only be redeemed for eligible purchases of Book Barbados travel-related goods and services that Book Barbados will determine in its discretion. Your Points Program provider will deduct from your Account balance the amount of points you elect to use toward your eligible purchase. You may not combine points from one Points Program provider with any other loyalty points from another provider to complete a single transaction. However, if you do not have enough points to complete an eligible purchase, you may use an eligible credit card associated with your Account to complete the transaction. Eligible cards for such transactions may be limited to cards associated with the Points Program used in the transaction. Book Barbados may, in its discretion, allow you to combine points with eligible coupons.
ADDITIONAL TERMS: Purchases made with points are subject to the point to dollar conversion rate set by the Points Program provider. The Points Program provider has the right to change the point to dollar conversion rates at any time. Also, some Points Program providers may set a minimum amount of points that may be redeemed in any transaction.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Book Barbados has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: https://www.transportation.gov/airconsumer/spray
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, BOOK BARBADOS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
All travel insurance offered by our supplier(s) are independent of Book Barbados’ services and are solely the offers of our Supplier(s).
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Book Barbados and Book Barbados’ Suppliers do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and any other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Book Barbados expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and Book Barbados and Book Barbados’ Suppliers do not guarantee the accuracy of the ratings. Book Barbados, Book Barbados’ Suppliers and their respective suppliers make no guarantees about the availability of specific products and services. Book Barbados, Book Barbados’ Suppliers and their respective suppliers may make improvements and/or changes on the Website at any time.
Book Barbados, and Book Barbados’ Suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Book Barbados or Book Barbados’ Suppliers. All such information, software products, and services are provided “as is” without warranty of any kind. Book Barbados, Book Barbados’ Suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Book Barbados, and Book Barbados’ Suppliers are free of viruses or other harmful components. Book Barbados, and Book Barbados’ Suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Book Barbados or Book Barbados’ Suppliers. Book Barbados and Book Barbados’ Suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Book Barbados and Book Barbados Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Book Barbados, the Book Barbados and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Book Barbados, Book Barbados’ Suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Book Barbados, Book Barbados’ Suppliers or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Book Barbados, Book Barbados’ Suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Book Barbados Ltd. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the Book Barbados, Book Barbados’ Suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Book Barbados. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code contained on this Website, is owned by the Book Barbados, Book Barbados, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Device transmitting and receiving data (including but not limited to data roaming charges).
Book Barbados claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Book Barbados may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.)As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
Book Barbados claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Book Barbados, its Service Providers.
Book Barbados exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to bookbarbados.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2020 BookBarbados.com Ltd. All rights reserved. Book Barbados, bookbarbados.com, Book Barbados Rewards, the Book Barbados logo, are either registered trademarks or trademarks of BookBarbados.com Ltd. in the Barbados and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. BookBarbados.com Ltd. is not responsible for content on websites operated by parties other than BookBarbados.com Ltd.
If you are aware of an infringement of our brand, please let us know by emailing us at [email protected].
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Book Barbados has adopted a policy of terminating, in appropriate circumstances and at Book Barbados’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Book Barbados may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to [email protected].
APPLICABLE LAW, JURISDICTION & DISPUTE RESOLUTION
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the Laws of Barbados. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the country of Barbados. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
ENTIRE AGREEMENT. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.