Tropical Breaks - Terms and Conditions
Please read these General Terms and Conditions of
use carefully before using or obtaining any materials,
information, products or services through Tropical
Cruise Website.
1. Definitions.
"Guest" means an individual who can search
and purchase Travel related "Products or Services"
on the Site without being a Member.
"Member" means an individual who has registered
with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you
use (with your password) to login to our Site.
" Tropical Breaks Maldives" or "Tropic
X Maldives Pvt Ltd" or "we" means "
Tropic X Maldives Pvt Ltd " and its subsidiaries
and affiliates.
"Personal Information" means any information,
recorded in any form, about an identified individual,
or an individual whose identity may be inferred from
the information. This includes, for example, name,
e-mail and mailing address and telephone number, billing
and account information, and other information incidental
to providing Products or Services (including information
about individuals traveling with you).
"Products or Services" means the live-aboard
accommodation, resort accommodation, hotel accommodation,
the transfer to and from resorts or live-aboards by
speedboat or seaplane, ground transportation, tours,
attractions, travel insurance, flights and other items
available from the Site.
To "Purchase" means to book, reserve or
purchase.
"Site" means thewww.tropicabreaks.co.uk
site, and their respective sub sites together with
the respective content, Products and Services available
from these sites and sub sites.
"Subscriber" means an individual who elects
to receive offers or promotions from Tropical Breaks
Maldives or Tropic X Maldives Pvt Ltd without becoming
a Member or a Guest.
Tropical Breaks Maldives (" we " or "
us ") offers access to and use of our site to
you subject to your acceptance of these terms and
conditions (" Terms "). By accessing, using
or obtaining any content, data, materials, information,
products or services through our site, you agree to
observe these Terms. If you do not accept all of these
Terms, then please leave our site now.
2. Ownership
We, along with our accommodation, travel and leisure
service and information providers ("Providers"),
own and have copyrights on our site and all of its
contents. You will not copy, reproduce, republish,
upload, post, transmit, distribute, sell, transfer
or modify any of the content, data, information or
materials found on our site. Trademarks, logos and
service marks displayed on our site ("Marks")
are our, and our Providers, registered and common
law Marks. Your use of and access to our site do not
grant you any license or right to use any of the Marks.
3. Use Of Site
You may only use our site if you are at least 18 years
of age and can enter into binding contracts (our site
is not available for use by minors). You are responsible
for maintaining the secrecy of any passwords, login
and account information. You will be financially accountable
for all uses of our site by you and anyone using your
password and login information. You may only use our
site to make legitimate reservations or purchases.
You may not use our site: to make any false, fraudulent
or speculative reservation or any reservation in anticipation
of demand; to post or transmit any unlawful, threatening,
libellous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that
could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil
liability, or otherwise violate any law; or for any
other purpose that is unlawful or prohibited by these
Terms. We may, at any time and without advance notice
or liability, terminate or restrict your access to
all or any component of our site. We will use our
reasonable commercial efforts to keep our site available
on a 24-hour/7-day-a- week basis, subject to necessary
scheduled downtime for maintenance, unscheduled maintenance
and system outages. Your access to our site may be
interrupted or unavailable at times. We cannot promise
that our site will be error-free, that defects or
errors will be corrected or that our site or the servers
that make it available are free from viruses or other
harmful components. You will not use any device, software
or routine that interferes or attempts to interfere
with the normal operation of our site or take any
action that imposes an unreasonable load on our computer
equipment.
4. Privacy
Your use of our site is subject to our Privacy Policy.
You have read that privacy policy and it is reasonable
and acceptable to you. Your acceptance of these Terms
is also your consent to the information practices
in our privacy policy.
5. Links
Our site may contain links to other sites that we
do not operate or control. We are not responsible
for these other sites. We provide these links for
your reference and convenience. We do not endorse
the contents of these other sites. These links are
not an indication of our association with the owners
or operators of any of these other sites. You are
free to access these other sites, but you do so at
your own risk.
6. Warranty Disclaimer
we make no, and our providers make, no warranty of
any kind regarding our site and/or any content, data,
materials, information, products or services provided
on our site, all of which are provided on an "as
is" basis. We expressly disclaim any representation
or warranty that our site will be error-free, secure
or uninterrupted. We further disclaim any warranty
as to the accuracy, completeness and timeliness of
any content or information found on our site. we expressly
disclaim and our providers expressly disclaim all
warranties and conditions, including implied warranties
and conditions of merchantability, fitness for a particular
purpose, title, non-infringement, and those arising
by statute or otherwise in law or from a course of
dealing or usage of trade..
7. Limitation Of Liability
we will not be, and our providers will not be, responsible
or liable for (a) any damages to or viruses that may
infect your computer equipment or other property as
the result of your access to, use of or browsing in
our site or your downloading of any content, information,
materials, data, text, images, video or audio from
our site or (b) any injury, loss, claim, damage, or
any special, exemplary, punitive, indirect, incidental
or consequential damages of any kind (including without
limitation lost profits or lost savings), whether
based in contract, tort, strict liability or otherwise,
that arises out of or is in any way connected with
(i) any use of our site or content, data, materials
or information found therein, (ii) any failure or
delay (including without limitation the use of or
inability to use any component of this site for reservations
or ticketing), or (iii) the performance or non performance
by us or any provider, even if we have been or a provider
has been advised of the possibility of damages to
such parties or any other party. This disclaimer of
liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration
of, or use of record, whether for breach of contract,
negligence, or under any other cause of action.
If, despite the limitation above, we are or a 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
our liability and the Providers' liability will in
no event exceed, in total, the sum of US$50.00. Some
countries do not allow the limitation of liability,
so the limitations above may not apply to you.
8. Indemnification
You will defend and indemnify us and any Provider
and each of our officers, directors, employees and
agents from and against any claim, cause of action
or demand, including without limitation reasonable
legal and accounting fees, brought by you or on your
behalf in excess of the liability described above
or by third parties as a result of your breach of
these Terms or the documents made part of these Terms
by reference, your violation of any law or the rights
of a third party or your use of our site.
9. General
The headings in these Terms are for your convenience
and reference. These headings do not limit or affect
these Terms. Your acceptance of these Terms and use
of our site do not create a joint venture, partnership,
employment or agency relationship with us. You may
not assign, delegate or transfer your rights or obligations
under these Terms. We may modify these Terms, at any
time, by posting conspicuous notice on our site at
least thirty (30) days before any modification becomes
effective. Your continued use of our site, following
the posting of conspicuous notice of any modification,
will be subject the Terms in effect at the time of
your use. You will review these Terms periodically.
Your continued use of our site, following the posting
of conspicuous notice of any modification, will be
your acceptance of the modified Terms. Except as described
in the preceding sentences, you and we can only modify
these Terms in a written document signed or otherwise
accepted by you and by us. Other terms and conditions
may apply to your reservations, bookings and purchases
of travel services through our site and to your use
of other portions of our site. You will observe these
other terms and conditions. If we fail to act with
respect to your breach or anyone else's breach on
any occasion, we are not waiving our right to act
with respect to future or similar breaches. Should
a court find any of these Terms to be unenforceable
or invalid, that Term will be enforced to the fullest
extent permitted by applicable law and the other Terms
will remain valid and enforceable. These Terms, together
with those items made a part of these terms by reference,
make up the entire agreement between us relating to
your use of our site, and replaces any prior understandings
or agreements (whether oral or written) regarding
your use of our site. The laws of the Maldives without
regard to its conflict of laws rules, will govern
these terms and conditions, as well as your and our
observance of them. If you take any legal action relating
to your use of our site or these Terms, you agree
to file such action only in the capital of Maldives
– Malé. In any such action or any action
we may initiate, the prevailing party will be entitled
to recover all legal expenses incurred in connection
with the action, including but not limited to costs,
both taxable and non-taxable, and reasonable attorneys'
fees.
It is important to note, that all the bookings with
Tropical Breaks Maldives are subject to the terms
and conditions and limitations of liability imposed
by airlines, resorts or live-aboards, hoteliers and
other service providers including but not limited
to transfer operators, resorts and restaurant operators,
dive centres, dive guides, surf guides whose services
we utilize, some of which limit or exclude liability
in respect of death, personal injury, delay and loss
or damage to baggage.
*WE STRONGLY RECOMMEND THAT YOU TAKE OUT INSURANCE
AGAINST THESE RISKS.
We always do our best to make sure that your holiday
arrangements are satisfactory and we accept liability
for, but only to the extent of any loss or damage
sustained by you as the result of our negligence or
that of our employees or agents.
However, we cannot accept any liability of whatever
nature for the acts, omissions or default, whether
negligent or otherwise of those airlines, resorts
or live-aboards, hoteliers and other service providers
including shipping companies, hoteliers or any other
persons providing services in connection with your
holiday pursuant to contract between themselves and
yourself (which may be evidenced in writing by the
issue of a ticket, voucher, coupon, or the like) and
over whom we have no direct and exclusive control.
We do not accept any liability in contract or in
tort for any injury, damage, loss, delay, additional
expenses or inconvenience caused directly or indirectly
by force majeure or other events which are beyond
our control, or which are not preventable by reasonable
diligence on our part including but not limited to
war, civil disturbance, fire, floods, unusually severe
weather, acts of God, acts of Government or of any
authorities, accidents to or failure of machinery
or equipment or industrial action (whether or not
involving our employees and even though such action
may be settled by acceding to the demands of a labour
group)
10. Supplier Terms And Conditions
You agree to abide by the terms or conditions of purchase
imposed by any supplier with whom you elect to deal.
Disclaimer
Neither Tropical Breaks Maldives nor our accommodation
providers - hotels, resorts, live-aboard providers
and airlines make any promises or guarantees as to
the accuracy, completeness, or adequacy of any information
on this site, and Tropical Breaks Maldives and the
our providers expressly disclaims liability for any
errors and omissions.
Any further discussion needed regarding refunds,
please contact Tropical Breaks Maldives Customer Service
at info@tropicabreaks.co.uk
11. Contact Information
If you have any questions or concerns with respect
to our Terms & Conditions Policy, you should first
contact the Tropical Breaks Maldives sales department
by writing to us at info@tropicabreaks.co.uk . We
will attempt to respond to your questions or concerns
promptly after receiving them.
E-mail:
info@tropicabreaks.co.uk
Mailing address:
Tropic X Maldives Pvt Ltd.
Trading as Tropical Breaks Maldives
Chaandhanee House, Gulhi
Malé Atoll, Maldives
Tel: (960) 777 6483
Fax: (960) 333 2511
Booking, Payment, Cancellation,
& Booking Amendment Policies:
Booking & Payment Policy:
Please note that before entering the Maldives your
passport must be valid for at least 6 months beyond
the period of your stay
1. Payment can be made securely online through Paypal
using Visa, Master Card, & American Express. Alternatively,
a bank cheque or telegraphic money transfer for the
full amount of the holiday is an accepted form of
payment.
2. Once we receive your booking request we will contact
you to confirm room/cabin availability according to
your holiday request. A deposit of 50% of the total
holiday package price will be automatically be debited
from your credit card upon confirmation of the booking.
If the booking is made within 10 weeks of your arrival,
the full amount of the holiday package price will
be automatically debited from your credit card upon
confirmation of the booking. You will be advised when
these transactions occur and you will be issued with
a 'Booking Receipt Number' (BRN). Should you choose
to pay by bank cheque or telegraphic money transfer,
your reservation will be held for a period of 14 days,
and confirmed only after we receive the full payment
for your holiday package at which time you will be
issued with a 'Booking Receipt Number' (BRN). If the
full payment is not received 30 days prior to your
arrival date, your booking will be cancelled automatically.
Reservations made within 30 days of commencing your
holiday need to be paid in full by credit card immediately.
3. Any balance remaining from the total holiday package
price will be automatically debited from your credit
card 10 weeks before arrival in the Maldives.
4. Once payment of the full amount of the holiday
package has been received by Tropical Breaks Maldives
your booking will be re-confirmed and you will be
issued with duplicate copies of the 'accommodation'
vouchers via email or fax. The originals will be handed
to you on your arrival in Male' by our airport customer
service representatives.
Cancellation Policy:
1. Refunds
Refunds will apply for holidays being cancelled according
to the amount of notice being given to Tropical Breaks
Maldives:
More than 10 weeks
Loss of deposit
10 weeks - 8 weeks
50% of total holiday price
8 weeks - 6 weeks
75% of total holiday price
6 weeks or less
100% of total holiday price
A reservation will only be considered cancelled if
you have received a cancellation number from our sales
reservation centre.
2. Deposits
All deposits paid for holiday product or services
including accommodation, transfers and supplements
are non-refundable.
No-shows and Early Departures will be charged 100%
of the total holiday price.
3. Notification
Cancellation notification needs to be received by
Tropical Breaks Maldives in writing: info@tropicabreaks.co.uk
or via fax +960 3332511.
Booking Amendment Policy
1. Amendments
Where you have booked and received confirmation for
a holiday product or services through Tropical Breaks
Maldives and you wish to amend the purchase in some
way, we will make every effort to accommodate your
revised requirements. Our ability to accommodate your
requests will depend on a number of factors including:
the amount of time available from when you initially
advised Tropical Breaks Maldives of the amendment
to the date of commencement of the holiday; the nature
of the amendment request; the time of the year; the
scarcity of a particular product and our ability to
source an alternate holiday product or service. In
some cases, it will not be possible to fulfil your
wishes due to the terms and conditions imposed by
our accommodation and service providers
For these reasons, we urge you to be extremely thorough
and check all details relating to your choice of holiday
product or services prior to finalizing a purchase.
All amendment will incur a one off handling administration
fee of $150 together with any additional charges associated
with the amendment.
2. Withdrawal of Holiday Products &
Services
For whatever reason, Tropical Breaks Maldives reserve
the right to withdraw or cancel a holiday product
or service. Should the situation arise where we are
required or need to cancel a reservation or withdraw
a holiday product or service for any particular reason,
we will contact you as soon as possible and do our
utmost to make satisfactory alternate arrangements
for you. In the first instance, we will provide you
with the option to choose a similar holiday to the
original package and pay, or receive a refund of any
price difference. If this is unsuitable, we will provide
you with a full refund.
Pricing
1. Pricing Accuracy
Holiday products or services including airfares,
accommodation, transfers and supplements are based
on airfares, exchange rates and land and sea costs
current at the time of printing. Tropical Breaks Maldives
reserves the right to amend such prices prior to the
departure of any tours should any fluctuations in
currency, increases in fuel costs, airfares, ground
operator services or variation of the number of travellers
occur.
2. Credit Card Charges
Tropical Breaks Maldives website has been designed
to provide you with a complete breakdown of the costs
associated with your chosen holiday package. We will
add a 5% surcharge for using a credit card to pay
for your holiday.
Complaints
Tropical Breaks Maldives strives to ensure your holiday
will be an enjoyable, rewarding and memorable experience.
Should you for any reason be dissatisfied with any
aspect of your holiday on the live-aboard, please
address your concerns to us by email to info@tropicabreaks.co.uk.
Any unresolved complaints need to be submitted in
writing to Tropical Breaks Maldives within 21 days
of departing from the Maldives. We will not accept
any complaints or be responsible for complaints lodged
after this date nor will we consider any complaint
that has not been reported to us.
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