Beachbound.com terms & conditions - 050119-053120
Welcome to the BeachBound Website (the "Site"). This Site is offered to you, the user, conditioned upon your acceptance without modification of all of the terms, conditions, and notice set forth below. The terms "we", "us", "our" and " BeachBound” refer to CheapCaribbean.com, Inc. d/b/a BeachBound, a Pennsylvania corporation. The terms "you" "customer" and "user" refers to the customer visiting the Website and/or booking a reservation through us on this Website, through our Call Center Agents, or mobile applications. BeachBound in its sole discretion, may amend, modify or alter these Terms at any time by posting the updated terms on this Site. You are bound by any such modifications and should review these Terms and Conditions periodically.
Please read the following Terms and Conditions closely before using our Website. By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the Terms and Conditions stated here. By accessing this Website or to the extent that you book any travel products or services on this Site or through our Call Center Agents, you agree that these Terms and Conditions shall apply to all such transactions. As a condition of participation, the customer hereby agrees to now and forever hold harmless and indemnify BeachBound, its owners, officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney fees, for any property damage, injury, death or losses associated therewith, arising from or in connection with participation in the trip. If you do not accept any part of these Terms and Conditions, you must discontinue use of this website. Any payment constitutes final acceptance of these Terms and Conditions set forth herein.
Acceptable use
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Site. Minors, as defined under the laws of their jurisdiction, are not eligible to register for, use, or purchase the products or services available on the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account information and your password. You understand that you are responsible for all uses by you and those using your login information and you agree to accept responsibility and financially accountability for all activities that occur under your account or password. Users are prohibited from making any speculative, false or fraudulent reservations. We retain the right at our sole discretion to deny access to this Website and services we offer at any time and for any reason, including but not limited to the violation of this Agreement.
Changes, cancellation, pricing, fees
BeachBound is not responsible for any changes or modifications that are made to the reservation without our assistance. Please note, if the room is marked as non-refundable, these reservations cannot be modified, cancelled, or changed at any time after purchase. Changes to, or cancellation of, any portion of the reservation will be assessed hotel, transfer, and excursion fees up to 100%. The deposit fee will be forfeited, if applicable. If changing or canceling a flight, applicable airline fees will be assessed at the time of cancellation or at the time of rebooking. This is based on the type of ticket purchase and determined by the airline. Please note that Basic Economy fares have distinct restrictions that differ from other fares so please visit the airline's website or contact your travel agent for the specific restrictions. Changes to, or cancellation of, a Basic Economy flight will result in forfeiture of tickets. If eligible, any balance remaining for the land portion (i.e. hotel/transfers/excursions) of the purchase will be refunded back to the original form of payment or in the form of a future travel credit. Travel credits will be held on original reservation. If making a change, you will be responsible for the above fees, plus any increase in cost resulting from the change. Name changes are not allowed at any time on published flights. If you are considered a No Show for any portion of the reservation a 100% penalty will be assessed and no refund or credit will be issued. If you do not use one of the flights in your reservation the airline will cancel the remaining itinerary. No reimbursement will be issued for unused flight services In any event that you do not show for the first night of your hotel reservation, no reimbursement will be issued for unused services. Your credit card will be charged whether you use or do not use the services purchased, including partially used services. BeachBound may charge a nonrefundable fee for the service it provides when you purchase, book or reserve travel services or accommodations through the Site. Airline-specific travel credits issued for public flights must be booked directly with the original airline carrier, and are subject to the carrier's terms and expiration periods. Most airlines allow up to one (1) year to rebook and travel. Any increase in price for the land or airfare for changes, cancellations, or new travel will be the responsibility of the customer.
Charter and value air penalties: The per person penalty for charter and value flight cancellation made between 8 and 45 days prior to departure is $250.
For charter passengers who wish to cancel within the penalty periods and can provide another paying passenger for the same vacation, you may be entitled to a full refund, less a reservation revision fee and any applicable supplier and re-ticketing fees (such refund shall be made within 14 days of substitution). For bulk and published air passengers who wish to cancel within the penalty periods, substitutions are not allowed and are non-refundable. BeachBound must be informed of the names of replacement passengers prior to departure but reserves the right to deny any revision or replacement.
There may be additional baggage, ticketing, fuel, security, and seat selection surcharges assessed by the airlines at the time of check-in. In addition, government entry and departure fees may apply, depending upon the destination. The customer is solely responsible for these fees as well as all charges, duties, taxes, assessment and hotel incidentals arising out of your use of the Products and Services available from the Site. Incidental charges include, but are not limited to, charges for telephone, internet access/Wi-Fi, and safe access, as well as maid fees and energy surcharges. BeachBound reserves the right to correct any pricing errors. Purchases are quoted in US Dollars. Currency converters are based upon various publicly available sources and should be used as guidelines only. Rates may vary based upon your form of payment and may not be accurate.
Travel Protection Plus
BeachBound offers a Travel Protection Plan, which includes a Pre-Departure Cancellation/Change Waiver (Part A) and Post-Departure Travel Insurance (Part B). To cover your cancellation and change fees, you may purchase the Travel Protection Plan at time of booking. If you have purchased the Travel Protection Plan, your entire refund due will be made in the original form of payment. The Travel Protection Plan payments are non-refundable and non-transferable. For complete details, refer to the Plan Description.
Deposit bookings
For Land and Air package reservations: A deposit of the total price of airfare, plus ten percent (10%) of the total hotel price plus travel protection (if purchased) will be required at the time of booking. For Land only reservations: A deposit of thirty percent (30%) of the total hotel price plus travel protection (if purchased) will be required at the time of booking. Exceptions to these deposit rules may apply, including, but not limited to, when purchasing a nonrefundable hotel rate plan or traveling over a holiday period.
Travel destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. BeachBound urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to any destination, including international locations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
By offering the sale of travel to particular destinations, BeachBound does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations. You acknowledge that the use or enjoyment of this purchase may be hazardous and inherently risky and, to the maximum extent permitted by law, you and the passengers will assume all risk arising out of or in connection to this purchase.
Important note regarding required documents for entry
Please note that when you reserve your vacation with BeachBound it is solely your responsibility to ensure you have the proper documents, based on your nationality, to enter, connect through, or stop in all of the destinations on your itinerary. BeachBound is not responsible for denied boarding or check-in due to improper documentation.
ALL persons, including U.S. citizens, traveling internationally between the U.S. and a foreign country – including but not limited to Canada, Mexico, Central and South America, the Caribbean, and Bermuda by air, land or sea (including ferries), will be required to present a valid passport or other documents as determined by the Department of Homeland Security.
If traveling to or stopping in Mexico or Nicaragua, a U.S. passport valid for a minimum of six (6) months after arrival is required. A U.S. passport valid for a minimum of three (3) months after arrival is required for Panama, St. Lucia, and some European countries. Requirements may change so check with the Consulate of the country to which you are traveling.
Non-U.S. citizens should check with their consulate or embassy to determine the latest entry requirements for their destination. Passport, Visas, and other documentation required for travel is your responsibility and cost. American citizens can visit www.travel.state.gov for information on how to apply for their passports. We strongly encourage all American citizen travelers to apply for a U.S. passport well in advance of anticipated travel.
Passed by Congress in 2005, the REAL ID Act established minimum ID security standards and prohibits federal agencies, like TSA, from accepting licenses and identification cards for official purposes from states that do not meet these standards. Passengers with a driver’s license issued by a state that is not compliant with the REAL ID ACT (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, visit www.dhs.gov/real-id. If your state-issued ID or driver’s license is not compliant, visit www.tsa.gov/travel/security-screening/identification for alternate forms of acceptable ID.
TSA Secure Flight privacy notice
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.
FAA mandate
The FAA has issued "Hazardous Materials Restrictions" - Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Please ensure your passengers are fully aware of and understand these restrictions as a violation will result in imprisonment and financial penalties.
General terms of use
Personal information that is provided to BeachBound will be securely held in accordance with our Privacy Policy This period may extend beyond the end of your relationship with us but it will only be as long as necessary for us to have sufficient information to respond to any issues that may surface in the future. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. Only authorized employees are permitted to access sensitive information and they may only do so for permitted business activity.
Neither BeachBound nor the FAA or any provider of air traffic data makes any guarantees as to the accuracy, completeness, or adequacy of any flight schedules. Airlines retain the right to adjust flight times at any time. It is the passenger's responsibility to confirm their flight times directly with the airline 24 hours prior to travel. BeachBound is not responsible for schedule changes issued by the airlines, denied boarding, mechanical cancellations, weather delays or cancellations, or for overbooked flights.
BeachBound will not pay for an alternative airline and is subject to the policy and restrictions issued by the airline. Be advised that some airlines may charge additional fees, including, but not limited to the following: baggage, pre-assigned seating, infant taxes, fuel, security, and incidentals. All charges as well as any additional taxes and fees of any type are the passenger's responsibility. Frequent flyer programs, incentives, certificates, upgrades, and vouchers may not apply to BeachBound purchases. Airfare-only reservations will not be honored.
Passengers may be required to present a credit card at the time of check-in to provide confirmation of authorized card use or to secure any additional expenses. Some resorts have minimum age requirements and/or citizenship requirements to allow for check-in. If a reservation is booked and the age or citizenship requirements are not met, the customer will be held responsible for all change and/or cancellation penalties that are incurred to make changes. In the event that the number of passengers occupying a room changes, the remaining travelers will be responsible for any additional costs incurred as a result of the change.
BeachBound is not responsible for fees and/or penalties incurred as a result of departure from the resort before the scheduled departure date. No booking credit and/or refund will be granted for departures from the resort before the scheduled departure date. In the event that you do not show for the first night of your reservation and do not notify us of these changes, cancellation of your reservation may occur. Rooms are assigned at the hotel's discretion and based upon availability. We will provide special requests to the service providers however we cannot guarantee that any special requests will be fulfilled; including but not limited to bed types, smoking preferences, and resort/in-room amenities. Failure to meet special requests does not signify a breach of contract. In the event that the supplier overbooks their property or for any reason beyond our control, we reserve the right to either provide alternative accommodations of a similar standard or cancel the reservation in full, our option.
BeachBound's rating system is provided for your reference and may sometimes differ from other rating systems. We do not guarantee the accuracy of these ratings or that they are equal to other rating systems that you may be familiar with. We reserve the right to change a rating at any time with or without notice.
If you experience an issue during your trip, you must call us immediately so that we can assist you in resolving your problem. To the extent permitted by applicable law, unless you file any grievances with BeachBound within 30 days after the termination of the trip, all parties are released from further liability. Services are provided on an "as is" and on an "as available" basis. All expiration dates listed on the Website are effective at midnight, Eastern Standard Time.
Luggage and personal property
The baggage allowance and fees vary and are set by each air carrier. Information on carrier baggage policy and fees, liability for lost, misconnected and damaged baggage or other personal property can be obtained through your travel agent, by contacting the air carrier directly, or by requesting them at the airport. For air carrier baggage policies, visit applevacations.com/baggage. All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport. Some airlines do not cover damage to soft-sided luggage. Checked baggage taken from the terminal building at the destination will be considered to have been received in good condition and no claim for loss or damage will be accepted after baggage has been removed from the terminal. The maximum liability of the ground transportation company in resort for lost or damaged property is $400. Loss or damage must be reported immediately. BeachBound does not accept liability for client luggage or personal property. Advice to international passengers on limitation of liability - Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier's own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under an international treaty. For further information please consult your airline or insurance company representative. For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Convention(s) provide (1) that the liability of carriers for death of or personal injury to passengers of up to 113,100 Special Drawing Rights (equal to approximately $175,000) per passenger shall not depend on negligence on the part of the carrier, and (2) such liability shall be limited to 113,100 Special Drawing Rights (equal to approximately $175,000) per passenger in the absence of negligence or other wrongful act or omission on the part of the carrier. Additional information on Special Drawing Rights is available at www.imf.org. For international travel (including domestic portions of international journeys) to, from, or with an agreed stopping place in the United States of America, liability for loss, delay, or damage to baggage is limited to 1,131 Special Drawing Rights (equal to approximately $1,750) per passenger for all baggage, including carry-on. Excess valuation may be declared on certain types of articles. Further information may be obtained from the carrier.
Flight information
Your flight tickets, which we dispatch when your booking is paid in full, by way of electronic documents, will contain your flight information. All times are subject to change. It is your responsibility to reconfirm your flight times prior to departing for the airport. BeachBound assumes no responsibility for any passengers making independent connections to flights booked through BeachBound. Pre-assigned seat selection is at the discretion of the air carrier and may require payment of an additional fee. BeachBound, the airlines, and other suppliers it uses issue tickets, coupons or electronic documents covering transportation, hotel accommodations and other services and facilities. Neither BeachBound nor these suppliers, or their respective subagents, shall be held liable for loss or damage to property or injury of person caused by reason of any defect, negligence, or other wrongful act or omission by any other hotel agency, transportation company or party providing such services or facilities, strike, war, terrorism, weather, quarantine, pandemic, epidemic, sickness, government restrictions or regulations, or any other cause beyond its reasonable control. All airlines concerned are not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package, except as provided in the conditions of carriage for the airlines and the passenger tickets issued in conjunction with this package. BeachBound is not responsible under any circumstances for any injury or damages you may suffer in connection with your air or ground transportation.
Special terms and conditions to public charters
These special terms and conditions apply to those travel packages where Apple Vacations arranges for charter air transportation provided by one or more air carriers. All public charter flights on Alaska Airlines PC 17-022, B737-800; Allegiant Air PC 17-180, A319, 156 seats/PC 16-115, A319 156 seats/PC 17-083, A319, 156 seats; Icelandic Air PC 18-099, B757-200, 183 seats; Miami Air, PC 17-110, B737-800, 180 seats/PC 18-105, B737-800, 180 seats; Swift Air PC 17-075, B737-800, 174 or 189 seats/PC 17-103, B737-400, 150 seats or B737-300, 148 seats; Viva Aerobus PC 17-104, A320, 180 seats/PC 18-123, A320, 180 seats; Volaris PC 17-135, A319, 144 seats; Eastern Airlines PC 18-095, B763-300, 218 seats are operated by Apple Vacations, LLC. Apple Vacations reserves the right to substitute alternate air carriers if necessary. All air travel is subject to the terms and conditions of the operating air carrier. This information is current as of July 2018. For a current listing of our public charter filings, see applevacations.com/PCfilings, or ask your travel agent. Apple Vacations, as the Charter Operator, is the principal. Apple Vacations is not responsible, unless negligent, for the personal injury or property damage caused by any direct air carrier, hotel or other supplier of services in connection with the charter.
Charter operator cancellations/major changes
Cancellations: Charter air transportation is operated by ALG Vacations Corp. and will not be cancelled less than 10 days before the scheduled departure date except for circumstances that make it physically impossible to perform the charter trip. In the event of cancellation a refund will be made to you within 14 days.
Major change: A major change means any of the following: a change in the departure or return date, which BeachBound knows more than 2 days before the scheduled flight date; any charter flight delay of more than 48 hours; a change in the origin or destination city; a substituion of any hotel that is not named in this contract; or a price increase occuring 10 or more days prior to departure and resulting in an aggregate price increase of more than 10%.
Notice: Notice of any cancellation or major change will be given to you within 7 days after BeachBound knows of such a change, but in any event, at least 10 days prior to departure. However, if BeachBound knows of a major change or if the charter is cancelled for circumstances which make it physically impossible to perform the charter trip within 10 days of departure, you will be notified as soon as possible.
Refund for major change: Upon notification of a major change, you will have the option to cancel without penalty within the 7 days following receipt of notification, but in no event later than departure, and full refund will be made to you within 14 days after cancellation. If notification of a major change is received after departure, you may reject the major change and will receive a refund of the portion of your payment allocable to the rejected services within 14 days after the return date named.
Major changes or amendments
Special features offered by hotels are subject to change at the hotel’s discretion. In the unlikely event that a major change involving a pre-departure change of hotel, departure or return date, departure city or destination becomes necessary, we will notify you as soon as possible via the contact information in the booking. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without penalty provided that you notify us within seven days of your receipt of notice of the change (or 24 hours prior to departure date if notified less than seven days prior). In the event of a change, we will substitute comparable services, but in the event of complete cancellation by us or a supplier, our only liability will be to return all monies paid (public charters only) or if landing rights are denied by a foreign government, the flight will be cancelled with a full refund issued in the form of a future credit.
Customer reviews
We encourage you to share your comments and questions with us but we may not be able to respond to all of them. By submitting content to BeachBound by e-mail or posting information on the Site including but not limited to, any hotel reviews, ratings, photos, video, blogs, questions, comments, suggestions, ideas, etc. you grant BeachBound and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the world in any media, now known or hereafter devised; and (b) use the name, city and state that you submit in connection with such Content (c) such Content is accurate, truthful, complete and not misleading; and (d) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. The Site User will further grant BeachBound the right to pursue at law any person or entity that violates your or BeachBound rights in the Content by a breach of these Site Terms according to our website Terms of Use. The Site User acknowledges that all submissions are non-confidential and shall become the sole property of CheapCaribbean.com, Inc. d/b/a BeachBound and is under no obligation to treat such Content as proprietary information.
BeachBound may choose to use the submitted Content (for example, listing your first and last name and/or screen name, hometown and state, resort destination and travel dates on a hotel review that you submit) at our discretion, and BeachBound reserves the right, but not obligation - to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it without notice to the Site User. BeachBound makes no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the website. BeachBound shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. BeachBound takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BeachBound liable for any mistakes, defamation, slander, libel, omissions, falsehoods, harassment, obscene, profane, pornographic, fraudulent, hateful, or racially, ethically or otherwise objectionable information that you may encounter. BeachBound is not liable for any statements, representations or Content provided by its users on our website. The Site User is fully responsible for the Content of the submission and the Site User will indemnify and be responsible for all damages, costs and expenses incurred for breach of these Terms.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, BEACHBOUND AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND BEACHBOUND AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEACHBOUND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. CHEAPCARIBBEAN.COM IS DOING BUSINESS AS BEACHBOUND AND ANY REFERENCE TO "BEACHBOUND” IN THESE TERMS OF USE SHALL SPECIFICALLY INCLUDE CHEAPCARIBBEAN.COM, INC.
BEACHBOUND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BEACHBOUND OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BEACHBOUND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE 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 PURPOSE, TITLE, AND NONINFRINGEMENT.
BEACHBOUND HAS MADE TRAVEL ARRANGEMENTS AS AN AGENT FOR THE TRANSPORTATION CARRIERS AND OTHER SUPPLIERS OF SERVICES CONNECTED WITH THIS PURCHASE, ALL OF WHICH ARE INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO, THE CARRIERS, HOTELS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE RESERVATION. BEACHBOUND IN NO WAY OWNS OR OPERATES THE VEHICLES OR FACILITIES TO BE USED DURING THE TRIP. BEACHBOUND DOES NOT GUARANTEE THE PERFORMANCE BY OR ASSUME RESPONSIBILITY FOR THE SUPPLIERS, THEIR EMPLOYEES, AGENTS, ETC. 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 THEREFROM. BEACHBOUND AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, EPIDEMIC, PANDEMIC, OVERBOOKING, STRIKE, FORCE MAJEURE (inclement weather), LOSS OF TIME OR ENJOYMENT, INCONVENIENCE, MENTAL DISTRESS OR SIMILAR, FAILURE TO MAKE A CONNECTION, UNINTENTIONAL OR INTENTIONAL ACTS, NONPERFORMANCE, SUBSTITUTION OF ACCOMMODATIONS, THEFT OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, FINANCIAL LOSSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL BEACHBOUND, ITS AFFILIATES, 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, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CHEAPCARIBBEAN.COM DOING BUSINESS AS BEACHBOUND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BEACHBOUND RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER.
If, despite the limitation above, CheapCaribbean.com, BeachBound, or any affiliate or service provider is found liable for any loss or damage which arises out of, or is in any way connected with any of the occurrences described in the limitation above, then BeachBound and the service provider's liability will not exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitation may not apply.
Indemnification
You agree to defend and indemnify BeachBound, its affiliates, and/or their respective suppliers and any of their officers, owners, directors, employees, and agents from and against any claims, causes of action or 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 on by:
(I) you, or on your behalf, or by members of your party in excess of the liability described above; or
(II) by third parties as a result of your use of BeachBound, Inc. services
(a) your breach of these Website Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
No unlawful or prohibited use
As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. It is a violation of law to place a request, or make a purchase, using a false name with an invalid form of payment.
Registrations
CheapCaribbean.com, CheapCaribbean.co.uk, CheapCaribbean.ca, Caribbean Jim, Beachfinder, Cheapfinder and CondoAllInclusive are registered trademarks of CheapCaribbean.com, Inc. in the United States and/or other countries. Other products, logos, and company names identified on this site may be the trademark of their respective owners. Their use on this website and the availability of specific goods or services from such third-party through this site should not be construed as an endorsement or sponsorship of this site by any such third-party.
SELLER OF TRAVEL: CheapCaribbean.com, Inc. complies with all applicable state Seller of Travel laws including: California (CST 2102749-50). CA law requires certain sellers of travel to have a trust account or bond. This business has a surety bond issued by Contractors Bonding and Travel protection Company in the amount of $88,000. This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund. Florida Seller of Travel Ref. No. ST37954. Illinois, customer trust account.
Personal and noncommercial use limitation
This Website is for your personal and noncommercial use. The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to CheapCaribbean.com, Inc., BeachBound or its suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary and related documents, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from this Website. In addition, whether or not you have a commercial purpose, you agree not to:
(I) access, monitor , frame, mirror or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of BeachBound,; (II) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (III) take any action that imposes, or may impose, in the discretion of BeachBound, an unreasonable or disproportionately large load on the BeachBound infrastructure; or (III) take any action that imposes, or may impose, in the discretion of BeachBound, an unreasonable or disproportionately large load on the BeachBound. infrastructure; or (IV) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of BeachBound.
Software
Any software that is made available to download from this Website ("Software") is the copyrighted work of CheapCaribbean.com, Inc., its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, CheapCaribbean.com, Inc. hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by CheapCaribbean.com, Inc., its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, 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 WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. CHEAPCARIBBEAN.COM, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
Third party links
This Website may contain hyperlinks to Websites operated by parties other than BeachBound. Such hyperlinks are provided for your reference only. BeachBound does not control such Websites and is not responsible for their contents or your use of them. BeachBound inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.
Additional general terms and conditions
This agreement is governed by the laws of the State of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue IN THE STATE COURTS LOCATED in Bucks County, Pennsylvania, USA, in all disputes arising out or relating to the use of this Website, WHETHER THOSE DISPUTES SOUND - IN CONTRACT - TORT, OR OTHERWISE. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree and acknowledge that the travel packages listed on this Website are comprised from a conglomeration of travel services provided by third parties. In this regard, BeachBound provides value to its customers by allowing its customers to reserve multiple travel services through a single travel package. The ultimate fulfillment of the travel services and hence, the travel packages listed on this Website, are provided by third parties at the ultimate travel destination location. No goods, services, or information of intrinsic value is transmitted or provided to a user of this Website in any state of the United States. To the contrary, you recognize and acknowledge that the use of this Website (including reserving a travel package) is only a preliminary act to traveling to the ultimate travel destination and using the travel package in that ultimate travel destination. You also agree and acknowledge that any payment for a travel package submitted through this website is processed at BeachBound.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BeachBound as a result of this agreement or use of this Website.
BeachBound's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BeachBound's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by BeachBound with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and CheapCaribbean.com, Inc. d/b/a BeachBound with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and BeachBound with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the Terms and Conditions herein.
Any rights not expressly granted herein are reserved.
Security
Charter Surety: Apple Vacations has surety trust agreements with WSFS Bank, 724 W. Lancaster Ave., Wayne, PA 19087 for payment of any charter air package refunds as defined by the agreements. Under these agreements, unless you file a claim with Apple Vacations (or with the bank) within 60 days after termination of your vacation, both parties shall be deemed released from all liability to you. Termination means the date of arrival (or in case of a cancelled charter, the intended date or arrival) of the return flight. Make all checks payable to Shelby Financial Corporation fbo Apple Vacations. These public charter flights are operated by APPLE VACATIONS, LLC, 7 Campus Blvd., Newtown Square, PA 19073 as principal and tour operator.
Under this agreement, unless you file a claim with BeachBound (or with the bank) within 60 days after termination of the vacation, both parties will be released from all liability to you.