Terms And Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the tours (Tours) listed on our website kalimbacaribbeantours.com (our site) to you. Please read these terms and conditions carefully before ordering any Tour from our site. You should understand that by ordering you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to book a Tour from our site.
1. INFORMATION ABOUT US
1.1 kalimbacaribbeantours.com is a site operated by Kalimba Caribbean Tours Ltd. A Company registered in the United Kingdom.
2. SERVICE AVAILABILITY
Our site is available for Worldwide use and we accept orders from most countries in Western Europe, USA and Australia. Some restrictions are placed on the extent to which we accept orders from specific other countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
- (a) You are legally capable of entering into binding contracts; (and)
- (b) You are at least 18 years old; (and)
- (c) You are resident in one of the Serviced Countries; (and)
- (d) You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After agreeing dates and details of your Tour you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Tour. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the reservation and the dates. If the Tour is more than 60 days in the future you will need to pay the deposit of 30%. If the Tour is less than 60 days in the future you will need to pay the full value of the Tour. There are various methods available to pay the invoice. We will allow you 48 hours to book flights to Grenada. In the event that flights are not available when you try to book them, in that 48 hour period, we will refund your money in full. The contract between us (Contract) will only be formed when we send you the Confirmation of Receipt of Funds
5. OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers (hotel reservations, taxi tours etc) The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 To cancel a Contract, you must inform us in writing. Deposits are non refundable but we may make an exception to this if we are able to rebook the Tour for the same dates. If you want to cancel your booking on the Tour and transfer it to another party that is acceptable to us up to the day of your departure, but we have no control over your airline booking and you should check with your airline regulation regarding transfer of flight reservations.
7. AVAILABILITY OF TOURS
7.1 Tours are available on the dates specified in the website. We may also offer tours on any other dates by mutual agreement.
In addition to the itineraries of Tours offered on the website we may also offer full charter of either vessel for any duration. In the event of full charter the itinerary shall be by agreement between you (the Charterer) and Kalimba Caribbean Tours.
7.2 The sailing Tour requires a minimum of two full fare paying passengers to proceed. In the unlikely event that this minimum number is not contracted at 60 days prior to commencement (date of required final full payment) we will refund your deposit in full or offer alternative dates.
7.3 The Powerboat Tour requires a minimum of four full fare paying passengers to proceed. In the unlikely event that this minimum number is not contracted at 60 days prior to commencement (date of required final full payment) we will refund your deposit in full or offer alternative dates.
8. PRICE AND PAYMENT
8.1 Prices of Tours are liable to change at any time, but changes will not affect your orders in respect of which we have already sent you a Confirmation of receipt of Funds (Deposit)
8.2 Payment of a deposit of 30% of the full price of the Tour is due to reserve any Tour more than 60 days in the future.
8.3 The full cost of the Tour is payable at 60 days before the commencement of the Tour.
8.4 Full payment is due with any booking made for any Tour less than 60 days before commencement of the Tour
9.1) Both our vessels are insured for commercial charter use.
9.2) We advise that you should take out your own holiday insurance. You should check that your insurance covers marine charter tours and includes events such as (but not limited to);
a) Refund of money in the event you cancel the Tour.
b) Holiday medical expenses and repatriation
c) Theft or loss of luggage during travel to and from the Tour and also while on the Tour.
d) Personal liability
10. PROTECTION OF YOUR MONEY
10.1 All money paid by you as Deposit or Full Payment of the Tour is held by us in a separate Deposit Account (separated from our normal trading account). We will only access this money upon completion of your Tour. The money is available from the Deposit account for purposes of offering a full refund if we fail to meet our obligations in the delivery of the Tour, for whatever reason. See also Our Cancellation Policy: If We Cancel
11. OUR CANCELLATION POLICY: IF YOU CANCEL
11.1 If you cancel the Tour after you have paid the Deposit (more than 60 days before the commencement) or the Full Price (less than 60 days before the commencement):
We are not obliged to return your money, but may do so in the event that we are able to rebook the Tour for the same dates.
We advise that you take out Holiday Insurance to cover you against you cancelling the Tour
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your Tour.
12. OUR CANCELLATION POLICY: IF WE CANCEL
12.1 If we cancel a Tour , for whatever reason, i.e due to mechanical breakdown of the boat or inclement weather preventing safe operation of the boat etc, we will, if the non availability of the Tour is apparent up to the time of you leaving your home country:
a) Offer to refund your money in full
b) Offer you a land based holiday of the same duration at a guest house of our choosing (as available) in Grenada.
If you are already en route to or in Grenada and the non availability of the Tour becomes apparent we will:
a) Offer to refund your money in full and assist you in finding alternative accommodation or flights out of Grenada to any destination, or
b) Offer you a land based holiday of the same duration at a guest house of our choosing (as available) in Grenada.
Note: We cannot refund the price of any flights booked by you under any circumstances
13. OUR LIABILITY
13.1 We are not responsible for indirect losses which happen as a side effect of us cancelling the Tour for any reason, this includes:
- (a) Flights paid for by you to come to Grenada
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
The following information will be communicated to you in writing at least 30 days prior to commencement of your tour:
a) Final agreed itinerary with names and dates of all stops, including intermediate stops.
b) Names and contact details for all hotels and guest houses where you will be staying, including dates of stay. Confirmation that these bookings have been made on your behalf and details of the type and standard of accommodation.
c) Name, address and phone number of your contact in Grenada representing Kalimba Caribbean Tours Ltd
d) Contact details (local phone number) of the person greeting you at Grenada airport.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action.
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- (c) Fire, explosion, storm, flood, earthquake, hurricane, subsidence, epidemic or other natural disaster.
- (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- (e) Impossibility of the use of public or private telecommunications networks.
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Tours through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.