Last Revised on January 01, 2016
AGREEMENT BETWEEN CUSTOMER AND TOBAGO BOOKINGS, LLC.
Welcome to the Tobagobookings.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "Tobago Bookings, LLC." refer to Tobago Bookings an Arizona company. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor 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 our express written permission;
(iv) 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;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Tobago Bookings may cancel any bookings associated with your name, email address or account, and close any associated Tobago Bookings accounts. If you have conducted any fraudulent activity, Tobago Bookings reserves the right to take any necessary legal action and you may be liable for monetary losses to Tobago Bookings, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Tobago Bookings Customer Service.
Copyrights, Other Rights
You should assume all materials on this Web site copyrighted unless otherwise noted and not for use without the express written consent of Tobago Bookings or any third party Tobago Bookings deems necessary. Tobago Bookings neither warrants or represents that your use of the material displayed on the Tobago Bookings site will not infringe rights of third parties. Any product, service, program, or technology described on the Tobago Bookings site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Tobago Bookings. Any such right that is not expressly licensed herein is reserved by Tobago Bookings.
Images of people or places displayed on the Tobago Bookings site are either the property of, or used with permission by, Tobago Bookings. Use of these images by you or other third parties is prohibited unless expressly permitted on the Tobago Bookings site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Tobago Bookings uses some images from creative commons sources. If you do not approve of how your image is used please inform us and we will revise the photo and/or remove it upon request.
Text, logos, images, graphics, photographs, audio clips, contained on Tobago Bookings site are the property of Tobago Bookings or its content contributors. This content cannot be copied, reproduced, or used without written permission from Tobago Bookings except for personal, informational, non-commercial purposes.
This site contains logos and trademarks that are proprietary to Tobago Bookings. These trademarks are protected under U.S. and international laws and cannot be copied, reproduced or used without written permission from Tobago Bookings except for personal, informational, non-commercial purposes.
All of the information contained in this website, including the site design, graphics, and text are the copyrighted property of Tobago Bookings. Any other trademarks, company names, product names and/or logos set forth in this website are the property of their respective owners.
Any product, service, program or technology described in any document published by Tobago Bookings on this site may be the subject of other intellectual property rights owned by Tobago Bookings. Any such right that is not expressly licensed hereunder is reserved by Tobago Bookings.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Tobago Bookings for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Tobago Bookings a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Tobago Bookings may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Tobago Bookings the right to pursue at law any person or entity that violates your or Tobago Bookings rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Tobago Bookings may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
You acknowledge that Tobago Bookings pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Tobago Bookings and the facilitation fee retained by Tobago Bookings for their services. You authorize Tobago Bookings to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Tobago Bookings Companies' services. You agree that Tobago Bookings will charge your credit card for a portion of the total reservation price. The remainder is to be collected by and paid to the hotel at the time of check-in. Upon submitting your reservation request you authorize Tobago Bookings to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Tobago Bookings for the services offered vary based on the amount and type of hotel reservation.
You may cancel or change your hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Tobago Bookings does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Tobago Bookings, LLC. expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Tobago Bookings Companies and Tobago Bookings Affiliates do not guarantee the accuracy of the ratings. Tobago Bookings and their respective suppliers make no guarantees about the availability of specific products and services. Tobago Bookings and their respective suppliers may make improvements and/or changes on the Website at any time.
Tobago Bookings and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Tobago Bookings. All such information, software products, and services are provided “as is” without warranty of any kind. Tobago Bookings \, Tobago Bookings Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Tobago Bookings, Tobago Bookings Affiliates and/or their respective suppliers are free of viruses or other harmful components. Tobago Bookings, Tobago Bookings Affiliates and 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 response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Tobago Bookings or Tobago Bookings Affiliates. Tobago Bookings and Tobago Bookings Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Tobago Bookings and the Tobago Bookings Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Tobago Bookings, Tobago Bookings 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, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Tobago Bookings, Tobago Bookings Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Tobago Bookings, Tobago Bookings Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Tobago Bookings, Tobago Bookings Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Tobago Bookings, LLC. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
All Users agree to protect and indemnify Tobago Bookings, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
1. Your breach of these Terms and Conditions, notices or documents referenced on the Site;
2. Your violation of any law or the rights of a third party; or
3. Your use of the Site
If you have a dispute with travel service suppliers, including but not limited to airlines, hotels, cruise lines, taxi service, car rental agencies, airport transfers, tour operators and consolidators to perform the services offered by such suppliers, you release us (Tobago Bookings) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we may validate your name, address and contact number supplied by you during the booking process against appropriate third party databases. By accepting these terms and conditions you agree and authorize us to carry out such verification checks as stated herein. In performing these checks, you acknowledge and concur that such personal information you provide to us may be disclosed to a registered Credit Reference Agency which may keep a record of such information in whole or in part. You can rest assured that this verification process is performed for the sole purpose to verify and confirm your identity, and that this process does not perform a credit check, and your credit rating will not be affected whatsoever. All information provided by you to us is securely processed in strict accordance with the Data Protection Act of 1998.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Tobago Bookings. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access other websites you do so at your own risk.
If any of our agents make a mistake or any other human error is made in the booking process we shall make reasonable attempts to rectify these errors at the time of occurrence. Tobago Bookings stands committed to providing efficient and effective service to you the client. You must notify us of errors within 24 hours of receiving your itinerary. Beyond this 24 hour period, Tobago Bookings will not be responsible for these errors.
Our Agreement with You
Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.tobagobookings.com. Travel is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
Deposits and Payment
Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
We reserve the right to refuse personal cheques as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
Cancellations and Changes
Your contract with your Suppliers may allow them to cancel or amend bookings. If we are your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply.
Standard Cancellation Policy:
1. Bookings cancelled inside 30 days - Non refundable
2. Deposited bookings cancelled 30 or more days prior to travel - Deposit is non refundable PLUS you will be charged any cancellation fees that are levied by the supplier
3. Fully paid bookings cancelled 30 days or more prior to travel - Deposit PLUS any fees levied by the supplier are non refundable
Change Of Itinerary After Holiday Has Commenced: Any alteration or cancellation of services after your holiday has commenced can incur penalties. There is no refund for unused services.
If You Cancel Your Booking
If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation. We need to receive from you your original voucher before any applicable refund can be considered. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable.
If You Have A Complaint
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us, either through our phone numbers, email, or through www.tobagobookings.com. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
We are committed to ensuring that all of your Tobago Bookings Vacations transactions are safe and secure and protected by Network Solution.
To ensure that every transaction is protected, we use advanced encryption technology; we treat your credit card and personal information with the highest standards of confidentiality and safety.
By making your travel insurance purchase on our secure server, you are protected by Secure Socket Layer (SSL) technology, utilized by most popular browsers, including Netscape and Microsoft Explorer. This technology allows us to use advanced encryption tools to protect information transmitted between your computer and our server.
PHYSICAL DISABILITIES - Customers requiring special facilities, services or accommodations must disclose such needs to Tobago Bookings at time of reservation. Wheelchair-accessible transportation and accommodations may be requested, but cannot be guaranteed. Available accommodation standards vary by hotel and are not within the control of Tobago Bookings. Tobago Bookings assumes no liability for the failure for the provision of accommodations by a travel vendor.
RESPONSIBILITY – Tobago Bookings is only responsible for reserving the items listed in the reservation details. The suppliers providing transportation, sightseeing arrangements, tours, excursions and accommodations ("Suppliers") for the vacations are independent contractors and are not agents, affiliates, representatives or employees of Tobago Bookings. Tobago Bookings has no ownership interest in any Supplier. Any use of the Tobago Bookings name by a Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by Tobago Bookings. All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier. By utilizing the services of the Suppliers, you agree that Tobago Bookings shall not be liable for (1) any accident, loss, injury or damage to you or to those travelling with you in connection with any accommodations, transportation or other services or resulting directly or indirectly from any occurrences or conditions including, but not limited to, negligence, defects in vehicles, equipment malfunction, strikes, "Acts of God," riots, terrorist acts or threats, wars, acts of governmental authority, theft, delays, weather conditions, environmental conditions, bankruptcy, cancellations or changes in itineraries or schedules or (2) loss or damage to property or injury to persons, caused by reason of any act or omission, intentional, negligent or otherwise by such third party Suppliers. We at Tobago Bookings did our best efforts to depict the actual vacation property and descriptions the place in which guests will be accommodated; maps and images may not be exact or to scale, and are for general description purposes only. Room standards are the sole responsibility of the hotel. Hotel ratings are based on information provided by the hotel and Tobago Bookings own evaluations.
Tobago Bookings makes no implied or express warranties in the offering of any vacation described in these materials. Remember that all travel documents and required personal identification, as well as compliance with agricultural regulations, is your responsibility. The terms under which you agree to take a vacation cannot be changed or amended except in writing, signed by an authorized officer of Tobago Bookings. Tobago Bookings, reserves the right to decline to accept or retain any person as a member of the vacation at any time prior to departure or during the course of the vacation. In the unlikely event that the services or accommodations are not available as stated, due to reasons beyond Tobago Bookings control, efforts will be made to provide services or accommodations of equal standard and quality.
Legal Disclosure and Disputes
When required by law, we may disclose information we have collected from customers when they purchased travel products or services. In certain cases involving fraud, we may also disclose information against someone who poses a threat to our interests or whose activities could bring harm to others. Additionally, it may become necessary to provide customer information to credit card companies, for the purpose of resolving disputes that arise in the normal course of business.