1.1
A booking made by you, by telephone or by post for the purchase of a package or other holiday
arrangement with or through us, which is accepted by us will be in accordance with these
terms and conditions and the terms and conditions of the airline, hotel or holiday company with whom
you enter into a contract.
1.2
This means any other holiday arrangement which is not arranged by us as principal but as booking
agent for the relevant supplier(s) (e.g. hotel supplier, tour operator or airline) where
your contract will be with the supplier(s) concerned.
1.3
In accordance with the Package Travel, Package Holidays and Package Tour Regulations 1992, this
means the pre-arranged combination of at least two of the following components: (a) transport
(b) accommodation or (c) another tourist service which forms a significant part of your booking,
providing that the two or more components are sold to you at the same time at an
inclusive price with full payment being made to us.
1.4
The meaning ascribed to it in the Data Protection Act 1998 and/or any other applicable data
protection legislation.
1.6
Any person who makes a booking for a package or other holiday arrangement, either directly (as
principal) or indirectly (as another beneficiary) with us.
2.1
These terms and conditions govern all bookings you make with us and shall vary depending on
whether you book a package or other holiday arrangement.
2.2
We will make the booking for all other holiday arrangements as agent for the relevant
supplier(s) (e.g. hotel supplier, tour operator, airline) concerned and your contract will
be with the supplier and subject to the supplier's terms and conditions (which may limit or exclude
liability often in accordance with international conventions).
2.3
No contract shall come into existence between you and the Company which is providing your
holiday until:
a) we have received the appropriate deposit or full payment from you; and
b) a confirmation invoice has been issued.
2.4
We reserve the right to refuse, at our sole discretion, any request for a booking.
2.5
All packages and other holiday arrangements which we advertise, are subject to availability and
Just Caribbean Ltd reserves the right to withdraw/amend any offer without prior notice.
2.6
When you make a booking through us you guarantee that you have the authority to accept (and do
accept) these
conditions and the supplier's conditions on your behalf and on behalf of all members of your party.
2.7
If you are making a booking on behalf of others beside yourself, we shall take it that you have
the authority of each of those people to enter into that contract and that you are
responsible for all payments due from the party.
3.1
After you have looked on the website and decided on a package or other holiday arrangement you
should carefully read these terms and conditions and the terms and conditions of any other
supplier (tour operator, hotel, airline etc). If you are satisfied with these, you can ring us and
make a booking over the telephone.
3.2
When booking you must:
a) provide us with all information which we require;
b) ensure that all information which you provide to us is accurate and correct; and
c) ensure that the credit or debit card you are using is your own (or if it is a third
party's you have their express authorisation, as confirmed to us in advance in writing, to use
their credit or debit card) and that sufficient funds are available to cover the package or other
holiday arrangement which you book with us.
3.3
In addition:
a) We require full payment details, or a non-refundable minimum deposit from you at the time
you make the booking
b) We shall send you a "booking reference" which you must quote in all future correspondence
with us.
c) If we accept your booking we shall debit payment from you as specified in paragraph 4 and
despatch a confirmation invoice to you which shall confirm your booking with us.
d) If we cannot or do not accept your booking we shall notify you accordingly.
4.1
If a deposit is paid, the balance payment will be due at least 10 weeks (70 days) before
departure. We will inform you of the due date for the balance on your booking. It is
your responsibility to pay the balance by the due date.
4.2
If you are making a holiday booking within the 10 weeks before departure, full payment will be
necessary with the booking.
4.3
We reserve the right to cancel any booking for which full payment for your package or other
holiday arrangement has not been received 10 weeks before departure, and to levy cancellation
charges.
4.4
We accept payment by:
a) Visa Debit, Electron, Solo and Switch Cards (we reserve the right to charge you for any
additional handling fees incurred by us in respect of payment through a debit or switch
card); or
b) Visa, Access and Mastercard (we reserve the right to charge you for any additional handling
fees incurred by us in respect of payment through the above credit cards).
c) Balance payments can be made by personal cheques which must be received at least 5 working
days prior to the balance due date. Balance payments by credit card have a 1.4% card charge.
5.1
If you wish to alter your booking, you must let us know in writing and we will do our best to
help you. There will be an administration charge of £50 per person as well as any extra charges
which your changes incur.
5.2
Any alteration (or any request for a transfer of a package or other holiday arrangement less
than 30 days from your departure date) may be considered a cancellation by you and you may be
required to pay rebooking and cancellation charges.
6.1
You may cancel your booking at any time providing that the person who made the booking informs
us of the cancellation in a letter or fax signed by themselves
6.2
The cancellation only takes effect from the date at which the notification reaches our office.
6.3
Since we incur costs in cancelling your package or other holiday arrangement, you may, as a
result of cancelling, be required to pay a cancellation charge in accordance with the
scale below. We reserve the right to pass on to you any costs imposed on us by suppliers in respect
of any cancellation made by you.
6.4
Period Before Departure
Prior to collection of balance
On or between 4 and 10 weeks
Less than 4 weeks
Failure to arrive at the departure airport
Cancellation fee shown as percentage of the full prices
for the package
Deposit
50%
100%
100%
6.5
The cancellation fees payable in respect of cancellation of any other holiday arrangements will
depend on the relevant supplier's booking terms and conditions.
6.6
in some circumstances a 100% cancellation fee will apply at the time of booking your other
holiday arrangements and this will be stated on your confirmation invoice. You will be
notified on your confirmation invoice if different cancellation charges apply.
We will endeavour to notify you of all changes before the commencement of your package or other
holiday arrangement if it is practicable to do so. The withdrawal of hotel facilities, activities and services, temporarily or otherwise, is beyond our control.
In the unlikely event that your booking has to be cancelled a full refund will be made of all
monies paid to us to the person making the booking
(less any insurance premiums and/or amendment fees incurred).
9.1
Prices displayed for other holiday arrangements are those supplied by the supplier of your other
holiday arrangement.
We reserve the right to pass on to you any cost increase levied by the supplier prior to our
receipt of the full purchase price from you.
9.2
Final balances for packages may vary from that advertised as a result of changes in departure
charges, in-flight charges, airport security charges, local taxes etc. We reserve the right to increase
or decrease prices due to changes in transportation (fuel) costs, taxes or fluctuation in the
Interbank foreign exchange rates.
When any increase applies for any of the foregoing reasons we will absorb an amount equivalent to 2%
and should this increase exceed 10% of the invoice price (excluding amendment charges) you will be
entitled to cancel the booking and receive a full refund of all monies paid (excluding amendment charges)
within 14 days of the issue of the surcharge invoice.
No such price increase will be made less than 30 days before your departure date.
In arranging your other holiday arrangement we act as a disclosed booking agent for third party
suppliers, such as a tour operator,
a hotel or an airline. This means that the contract for the product is between you and the
supplier. We therefore have no contractual
liability to you in respect of that product, if your other holiday arrangement is deficient
and, in particular, we have no liability
for any loss (including consequential loss e.g. loss of income), personal injury or death
however incurred unless the same occurs
as a direct result of our negligence.
11.1
If any part of the package you book with us is not as described and/or does not reach a
reasonable standard, or if you suffer personal injury, illness or death as a result or any
improper performance by us of the obligations we owe to you under this contract, we will pay you
reasonable compensation taking into account all relevant factors including the price you
paid for the package, any steps it was reasonable for you to take to minimise the
inconvenience/damage suffered and the extent to which the deficiency or improper performance
can have affected your enjoyment of the package. We shall also take into account any limitations
applicable in any relevant international convention which govern such services included in
the package.
11.2
If you or any member of your party is killed, injured or becomes ill as a result of transport by
aircraft, ship, train or coach, our liability to pay compensation and/or the amount of
compensation we will pay is limited in line with any relevant international convention. The terms
of the relevant international conventions are incorporated into and form part of your
contract with us. Copies of the relevant international conventions are available from us on
request. These conventions may limit or remove the carrier's liability to you and
the amount which the carrier has to pay to you. You should also know that the carrier will rely
on their conditions of carriage which may limit or remove the carrier's liability to you and
limit compensation under international conventions. These conditions of carriage will normally
be found on the supplier of the carrier's tickets.
11.3
No liability is accepted by us for delays to flights to or from the United Kingdom or for any
cancellation of flights.
We are also not liable to pay compensation where departure times are supplied by carriers since
they are subject to air traffic control,
passenger check in times, weather conditions and other safety considerations.
11.4
We shall not be liable to pay you compensation for the deficiency in your package if the
deficiency, personal injury, illness or death does
not result from any fault on our part or that of our suppliers but is caused by your own acts
and/or omissions, by the acts and/or omissions
of a third party (unconnected with the provision of the services included in your package) or by
circumstances which neither us nor our
suppliers could have anticipated or avoided even if all due care had been exercised
11.5
Nothing in this paragraph shall be construed as an attempt by us to exclude our liability for
personal injury, illness or death
arising from our negligence or the negligence of our suppliers whilst acting with the scope of,
or in the course of their
employment, in the provision of any services provided as part of your package.
12.1
If a problem occurs whilst you are on holiday it must be reported to the relevant supplier (e.g.
hotel, airline) so that any problem may be remedied on the spot.
12.2
If you are still dissatisfied and if the supplier cannot resolve the problem to your
satisfaction, you must either contact our Local Representative
or call us without delay.
12.3
You must notify us at the earliest opportunity - because until we know about a problem or
complaint, we cannot begin to resolve it.
Failure to report your complaint while in resort may jeopardise any claim you make on return
from holiday.
12.4
You must give us the oportunity to resolve the problem or complaint while you are in resort, if
you are still dissatisfied,
you must write to us within 28 days of your return quoting your original booking reference and
giving all relevant information.
12.5
Failure to notify us within the period specified in paragraph 12.4 may hinder our ability to
resolve your complaint and/or investigate
it fully and as a consequence, any right to compensation you may have could be prejudiced.
13.1
You are responsible for:
a) ensuring that you have a passport valid for 6 months after departure;
b) checking with the applicable Embassy or Consulate to see whether the destination(s)
that you are visiting requires a visa, especially if you do not hold a passport marked
'British Citizen': and
c) taking all necessary documents with you to gain access to any country or region which
you visit.
13.2
If you fail to do so, you will be solely responsible for any cost, loss or damage, which you or
we incur, as a result of your failure.
14.1
It is your responsibility to check your documents immediately upon receipt. If any details are
incorrect you must advise us immediately.
Names given for all bookings, must be as in passengers passports. Dates of birth must be
correct. A change or alteration may incur amendment fees.
A delay in informing us of a change or alteration may incur amendment fees.
14.2
if you request a copy or replacement of the flight e-ticket, hotel voucher or transfer voucher (travel documents), you will incur a replacement fee, for each item.
If you have any special requests you should inform us of these at the time of booking.
We will endeavour to advise the relevant supplier of such requests or give you relevant
instructions to make the request yourself,
but we cannot guarantee they will be met.
Many of the destinations featured on our website have a tropical climate and there can be heavy
rainfall, strong winds and
sometimes hurricanes at certain times of the year. However, world weather patterns are now
becoming more and more erratic
resulting in unusual rainfall, storms and even floods. Most people go abroad to spend time in
the sunshine and although adverse
weather conditions can be very frustrating we do not accept liability to make refunds or pay
compensation for alternative arrangements,
damage to property or curtailed package or other holiday arrangements as a result of such
conditions. A member of our sales team
would be happy to advise on weather trends.
We take customers' health and safety whilst abroad very seriously. If the Foreign Office advises
that people should not visit
a particular country, we would act on this. As situations in countries can change rapidly, we
suggest you check the
FCO website www.fco.gov.uk "know before you go" information, before you travel.
Health facilities, hygiene and disease risk vary worldwide. You should take health advice about
you specific needs before you travel
and ensure that vaccinations or preventative measures such as malaria tablets are taken early
enough
(which may be a month or more prior to departure) to be fully effective by the date of travel.
Sources of information include the Department of Health, your General Practitioner or a
specialist clinic.
JustCaribbean is happy to give advice and to assist you in choosing a package or other holiday
arrangement that will
meet your requirements. However, because of the nature of Caribbean destinations, many lack even
the simplest facilities
such as ramps for wheelchairs, lifts etc. Therefore in order to assist we must at the time of
booking be provided with full
details in writing regarding your disability and any special requirements as a result of this.
Failure to do so will release
us or the supplier from any liability for loss, damages or other compensation arising from or
related in any way to such
disability or condition. JustCaribbean reserves the right to require that any person, who is not
self-sufficient,
to travel with a companion who shall take responsibility for any assistance needed during the
package or other holiday
arrangement and in case of emergency.
JustCaribbean is happy to give advice and to assist you in choosing a package or other holiday
arrangement that will meet your requirements.
However, because of the nature of Caribbean destinations, many lack even the simplest facilities
such as lifts etc. Therefore in order to
assist we must at the time of booking be provided with full details in writing regarding your
condition and any special requirements as a
result of this. Failure to do so will release us or the supplier from any liability for loss,
damages or other compensation arising from
or related in any way to such a condition. Expectant mothers should give us prior notification
and we recommend all expectant mothers
to carry a medical certificate for intended travel.
In certain instances where special events are taking place our normal booking conditions may be
subject to change.
We strongly recommend that our clients travel and medical comprehensive insurance and do not
travel against medical advice.
At a minimum the insurance cover should cover the costs incurred if you make a cancellation and
the cost of medical assistance,
including repatriation, in the event of an accident or illness whilst you are abroad, together
with loss of or damage to baggage
and valuables. It is your responsibility to ensure the insurance you purchase is suitable and
adequate for your particular needs.
Any Personal Data which we hold is subject to our Privacy Policy which is incorporated into
these terms and conditions.
Details of our privacy policy are available on our website.
A person who is not a party to these terms and conditions shall have no rights under the
Contracts (Rights of Third Party Act 1999)
to enforce any term of this Agreement. This paragraph does not affect any right or remedy of
any person which exists or is
available otherwise than pursuant to that Act.
These terms and conditions shall be governed and construed in accordance with English law and
the English courts shall
have exclusive jurisdiction to adjudicate any dispute which arises thereto.
Just Caribbean Limited treats your privacy seriously and is committed to preserving the privacy
of visitors to the
justcaribbean.com site ("the Site"). We understand you will want to know how we use the information
we collect from
you. Our privacy policy sets out below how we use [and protect] the information that you provide to
us.
By visiting or making an enquiry on the Site, you consent to the collection, use and transfer of
information you
provide to us under the terms of this policy. If you do not agree to use of your Data (defined
below) in accordance with this privacy policy please do not register on this Site.
3.1
When you visit or make and online enquiry on this Site you may be asked to provide certain
information about yourself including your name, contact details and credit or debit card
information.
3.2
We may also collect information about your usage of this Site as well as information about you
from messages you post to this Site and e-mails or letters you send to us.
3.3
The information described in paragraphs 3.1 and 3.2 above will be referred to below as "your
Data".
4.1
If a deposit is paid, the balance payment will be due at least 10 weeks (70 days) before departure.
We will remind you
prior to departure if your booking is made more than 3 months prior to departure.
4.2
If you are making a holiday booking within the 10 weeks before departure, full payment will be
necessary with the booking.
4.3
We reserve the right to cancel any booking for which full payment for your package or other holiday
arrangement has not
been received 10 weeks before departure, and to levy cancellation charges.
4.4
Your Data will enable us to process and fulfil your reservation, to notify you of your order status
and deliver your
travel documents.
4.5
We may use Your Data to contact you for your views on our services and to notify you occasionally
about important
changes or developments to the site or our services.
4.6
Where you have consented, we might also use Your Data to alert you to other products and services
which we offer which
may be of interest to you.
4.7
We may contact you by post, telephone or fax, as well as by e-mail.
4.8
If you change your mind about being contacted in the future, please let us know (contact details
below at paragraph 10).
5.1
In order to process your booking and to ensure that your travel arrangements run smoothly and meet
your requirements, we
must pass some information (such as name, address, any special needs/dietary requirements etc) on to
the relevant
suppliers of your travel arrangements, such as an airline, hotel or transport company.
5.2
Your Data may therefore be accessed by or given to third parties some of whom may be located outside
the European
Economic Area who act for us for the purposes set out in this policy or for other purposes approved
by you. Those
parties process information, fulfil and deliver orders, process credit card payments and provide
support services on our
behalf. Countries outside the European Economic Area do not always have strong data protection laws.
However, we will
take steps to ensure that your information is used by third parties in accordance with this policy.
5.3
WWe may also pass aggregate information on the usage of this Site to third parties but this will not
include information
that can be used to identify you. We will not provide your Data to third parties.
5.4
Where you have consented when providing us with Your Data, we may also allow carefully selected
third parties, including
other companies in our group, to contact you occasionally about products and services which may be
of interest to you. They may contact you by post, telephone or fax, as well as by e-mail.
5.5
If you change your mind about being contacted by these companies in the future, please let us know.
5.6
If our business enters into a joint venture with or is sold to or merged with another business
entity, your information
may be disclosed to our new business partners or owners.
5.7
Unless required to do so by law, we will not otherwise share, sell or distribute any of the
information you provide to
us without your consent.
Just Caribbean does not use Cookies on any of its websites.
We employ security measures to protect Your Data from access by unauthorised persons and against
unlawful processing,
accidental loss, destruction and damage. We will retain Your Data for a reasonable period or as
long as the law
requires.
8.1
You have a right to access Your Data. To obtain a copy, please write to us at the address given in
paragraph 10
enclosing a cheque made payable to Just Caribbean Limited for the amount of Fifteen Pounds.
8.2
You may ask us to make any necessary changes to ensure that Your Data is accurate and kept up to
date.
Any changes to our privacy policy in the future will be posted to this Site and, where
appropriate, will be notified to you via email.
Please feel free to contact Mr R. Lyons at Just Caribbean Limited, 7 Hartley Road, Southport, PR8
4SA. Company No. 4100718. Or call 01704 778188 if you have any comments, requests or questions
relating to the use of Your Data.
Web Terms and Content Use
These terms and Conditions apply to the entire contents of Justcaribbean.com under the domain
name
www.justcaribbean.com and to any correspondence by e-mail between Just Caribbean and you. Please
read these Terms and
Conditions carefully before using justcaribbean.com. If you do not accept these terms, do not use
this website. These
Terms and Conditions are issued by Just Caribbean Limited, trading as justcaribbean.com, 7 Hartley
Road, Southport, PR8
4SA Company No. 4100718 ("the Company"). By using justcaribbean.com you agree (with the Company) to
be bound by these
terms whether or not you choose to register with Just Caribbean.
1.1
By accessing any part of justcaribbean.com, you shall be deemed to have accepted these Terms and
Conditions in
full. If you do not accept these Terms and Conditions in full, you must leave justcaribbean.com
immediately.
1.2
These Terms and Conditions do not affect your statutory rights.
The Company reserve the right to amend these Terms and Conditions from time to time without
notice to you and you
agree to be bound by any such changes in your subsequent use of the justcaribbean.com website. The
Company therefore
recommend that you check justcaribbean.com from time to time to review the current Terms and
Conditions, because they
are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly
designated legal
notices or terms located on particular pages at justcaribbean.com.
3.1
The Company does not make any assurances that the content and services offered by the
justcaribbean.com website will
meet your requirements or that the service will be available 24 hours a day. The Company shall not
be liable if for any
reason justcaribbean.com is unavailable or is modified or discontinued at any time or for any
period.
3.2
Access to justcaribbean.com may be altered, discontinued or suspended temporarily without notice
for whatever reason
including as a result of system failure, maintenance or repair or for reasons beyond the Company's
control.
4.1
Other than personally identifiable information, which is covered under the Privacy Policy any
material you transmit
or post to justcaribbean.com shall be considered non-confidential and non-proprietary. The Company
shall have no
obligations with respect to such material. The Company and its appointed agents shall be free to
copy, disclose,
distribute, incorporate and otherwise use such material and all data, images, sounds, text and other
things embodied
therein for any and all commercial or non-commercial purposes.
4.2
You must not post or transmit to or from justcaribbean.com any material:
a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of
confidence, in breach of
privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licences and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offence, give
rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any third party,
in the UK or any other
country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs,
Trojan horses,
worms, harmful components, corrupted data or other malicious software or harmful data).
4.3
You may not misuse the justcaribbean.com site (including, without limitation, by hacking).
4.4
The Company shall fully co-operate with any law enforcement authorities or court order requesting or
directing the
Company to disclose the identity or locate anyone posting any material in breach of paragraph 5.2 or
5.3.
5.1
You are permitted to print and download extracts from justcaribbean.com for your own use on the
following basis:
a) no documents or related graphics on justcaribbean.com are modified in any way;
b) no graphics on justcaribbean.com are used separately from accompanying text; and
c) any associated copyright and trade mark notices remain intact.
5.2
You acknowledge that the copyright and other intellectual property rights and any associated
trade marks, in all material on justcaribbean.com
(including without limitation photographs and graphical images) are owned by the Company or its
licensors.
5.3
You may not reproduce, copy, distribute or use for commercial purposes in any other website or
included in any public or
private electronic retrieval system or service without the Company's prior written
permission.
5.4
Any rights not expressly granted in these Terms and Conditions are reserved.
6.1
The agreement between you and the Company formed on the basis of these Terms and Conditions
("this Agreement") shall
terminate immediately if you breach any of the terms in these Terms and Conditions. For the
avoidance of doubt your
permission to use the justcaribbean.com site automatically terminates if you breach any of these
Terms and Condition.
6.2
The Company reserves the right to terminate this Agreement at any time and for any reason.
6.3
For the purposes of these Terms and Conditions, any use of extracts from justcaribbean.com [other
than in accordance
with paragraph 5.1 above] for any purpose is prohibited and shall amount to a breach of the terms
and shall, for the
avoidance of doubt, result in immediate termination of this Agreement. If this Agreement is
terminated for any reason
you must immediately destroy any downloaded or printed extracts from justcaribbean.com
6.4
The termination of this Agreement or your permission to use the justcaribbean.com site is
without prejudice to any rights which the Company may have against you in respect of such breach.
7.1
You understand and agree that the Company does not warrant the accuracy or completeness of any
material or
information in or provided in connection with the justcaribbean.com site. The Company is not
responsible for any errors
or omissions or for the results obtained from the use of such information or for any technical
problems you may
experience with the justcaribbean.com site. The Company may make changes to the material on
justcaribbean.com, or to
the products and prices described in it, at any time without notice. While every effort is made to
ensure the material
on justcaribbean.com is kept up to date, this is not always possible.
7.2
The Company shall not be responsible for any loss or damage caused or alleged to have been caused
directly or indirectly
by the information or ideas contained, suggested or referenced on the justcaribbean.com site or by
the Company's
employees.
7.2
The material on justcaribbean.com is provided "as is", without any conditions, warranties or other
terms of any kind.
Accordingly, to the maximum extent permitted by law, the Company provides you with justcaribbean.com
on the basis that
the Company excludes all representations, warranties, conditions and other terms (including, without
limitation, the
conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which
but for the Terms and Conditions might have effect in relation to justcaribbean.com.
8.1
The Company, any other party (whether or not involved in creating, producing, maintaining or
delivering
justcaribbean.com), and any of the Company's group companies and the officers, directors, employees,
shareholders or
agents of any of them, exclude all liability and responsibility for any amount or kind of loss or
damage that may result
to you or a third party (including without limitation, any direct, indirect, punitive or
consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising
from or connected in
any way to business interruption, and whether in tort (including without limitation negligence),
contract or otherwise)
in connection with justcaribbean.com or the Company in any way or in connection with the use,
inability to use or the
results of use of justcaribbean.com, any websites linked to justcaribbean.com or the material on
such websites,
including but not limited to loss or damage due to viruses that may infect your computer equipment,
software, data or
other property on account of your access to, use of, or browsing justcaribbean.com or your
downloading of any material
from justcaribbean.com or any websites linked to justcaribbean.com.
8.2
Nothing in these Terms and Conditions shall exclude or limit the Company's liability for:
a) death or personal injury caused by any negligence
(as such term is defined by the Unfair Contract Terms Act 1977);
b) fraud;
c) misrepresentation as to a fundamental matter; or
b) any liability which cannot be excluded or limited under applicable law.
8.3
If your use of material on justcaribbean.com results in the need for servicing, repair or correction
of equipment,
software or data, you assume all costs thereof.
You agree to indemnify and hold each of the Company and its affiliate companies and their
officers and employees,
harmless from any claim or demand, including reasonable legal fees, made by any third party due to
or arising out of
your use of the justcaribbean.com site, the violation of these Terms and Conditions by you, or the
infringement by you,
or any other subscriber of your account or of any intellectual property or other right of any other
person or entity.
These Terms and Conditions shall be governed by and construed in accordance with English law.
Disputes arising in
connection with the Terms and Conditions shall be subject to the exclusive jurisdiction of the
English courts.
In the event that any provision of the Terms and Conditions conflicts with the law under which
the Terms and
Conditions are to be construed or if any such provisions are held invalid by a court with
jurisdiction over the parties
to the Terms and Conditions, such provision will at the election of the Company, be deleted and the
remainder of the
terms of these Terms and Conditions will remain in full force and effect.
Any failure by Just Caribbean to insist upon or enforce strict performance by you of any
provision of the Terms and
Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver
or relinquishment
to any extent of its right to assert or rely upon any such provision or right in that or any other
instance, rather, the
same will be and remain in full force and effect.
The Company may assign its rights and obligations under these Terms and Conditions and upon such
assignment the
Company may be relieved of any further obligation under these Terms and Conditions.
A person who is not a party to this licence shall have no right under the Contract (Rights of
Third Parties) Act
1999 to enforce any term of this licence but this shall not affect any right or remedy of a third
party which exists or
is available apart from that Act.
These Terms and Conditions, the Privacy Policy constitute the entire understanding between the
parties as to the
subject matter hereof, and supersede all prior agreements and understandings.
The Company makes no representation that materials on the justcaribbean.com site are appropriate
or available for
use in locations outside the United Kingdom and accessing the justcaribbean.com site from
territories where its contents
are illegal or unlawful is prohibited. If you choose to access this site from locations outside the
United Kingdom, you
do so on your own initiative and risk and you are solely responsible for compliance with local laws.
The Company shall not be held liable for any breach of these Terms and Conditions caused by
circumstances out of its
control, including (without limitation) acts of God, fire, lightning, flood or extremely severe
weather, explosion, war,
disorder, industrial disputes (whether or not involving the Company's employees) or acts of local or
central Government
or other competent authorities.