TERMS AND CONDITIONS
We are TCVI LLC, DBA Charter Virgin Islands. and we look forward to the opportunity to act as your booking agent for your travel needs. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase Charter/Tour services through us, in addition to your obligations as a customer. The terms “we”, “us” and “our” refer to TCVI LLC DBA Charter Virgin Islands. The term “you” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
1. OUR AGREEMENT WITH YOU
Products and Suppliers
We sell a variety of travel related products through different service providers (“Providers”). 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 photographs 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.chartervirginislands.com
TCVI LLC DBA Charter Virgin Islands. Is acting as intermediary or a “Booking Agent” for products and services that are not directly supplied by us. 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.
Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by TCVI LLC DBA Charter Virgin Islands. To offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize TCVI LLC DBA Charter Virgin Islands To charge my credit card for such additional amounts.
Deposits and Payments
Payment of a deposit enables us to hold a reservation for you and guarantees the price that was agreed upon. The price can only be guaranteed once we receive full payment of 50% deposit 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 checks 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, and fees mean that the price of your travel arrangements may change after you have paid in full.
FEES: When making your deposits for your charter, we accept Paypal and Credit Cards (Visa, Mastercard, and Amex). You are responsible for the Paypal fees and credit card fees. To avoid Paypal fees, be sure your bank account it linked to your Paypal account. Also selecting the checkbox for Trusted Friend or Friends and Family, will make the transaction free. If you choose to send the deposit with fees or do it by mistake, you are liable for those fees incurred. Please note, it could be as much as 5%.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
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 charter, 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 cancelling your booked arrangements and receiving any applicable refunds.
If you have booked a charter and we are alerted to a significant schedule change by your boat operator, we will contact you by phone and email to advise you of this. Please ensure that you have given your contact email address and direct phone number to us and that you regularly check for messages before your charter. We have no control over weather and sea conditions and “Acts of God” and accept no liability for costs which may arise as a result of such changes.
Group Charters/Shared Charters/Per Cabin Charters: If you are not able to attend your scheduled Active Cruising/Charter Virgin Islands/TCVI LLC Group Charter/Shared Charter/Per Cabin Charter, you can try to fill your cabin using your personal network and Active Cruising/Charter Virgin Islands/TCVI LLC will advertise on your behalf but we CANNOT GUARANTEE Active Cruising/Charter Virgin Islands/TCVI LLC will be able to fill your cabin and issue your payment/deposit back. Please consult a Charter Virgin Islands team member to discuss in detail.
For All Charters (Bareboat, Captain Only, Captain and Hostess, All Inclusive Shared, All Inclusive Private) the cancellation policy is as follows.
If the cancellation is more than 120 days prior to embarkation, the cancellation fee is $600
If the cancellation is between 119 and 60 days prior to embarkation, you pay for 50% of the charter fee.
If the cancellation is 59 days or less before embarkation, you are responsible for 100% of the charter fee.
We strongly recommend purchasing travel insurance to cover for losses caused by unforeseen events.
You must speak directly with a Charter Virgin Islands or an Active Cruising/Yacht Retreat representative and receive a cancellation confirmation email for your charter to be cancelled. No emails, texts, or voicemails permitted. TCVI LLC DBA Charter Virgin Islands will do their best to accommodate extenuating circumstances when possible, but We strongly recommend purchasing travel insurance to cover for losses caused by unforeseen events.
For the Necker Island “End of the World Party” December 7th and 8th, 2019.
In the event that Necker Island cancels the fundraiser, charter guests will have the option to keep their reservation with a 50% refund ($ total 2500 per person), or cancel their reservation and receive a full refund minus the transaction fees incurred to return the money.
In the event of a natural disaster, including but not limited to earth quake, tsunami, hurricane, the trip will be cancelled and all payments will be refunded in full minus the cost of the transaction fees incurred to return your money. If a natural disaster occurs TCVI LLC DBA Charter Virgin Islands will contact each guest with options of rebooking their charter.
2. YOUR AGREEMENT WITH US
Your Acceptance of the Terms and Conditions
By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
If You Have a Complaint
If you have a problem during your trip, please notify the boat Operator/Captain. If you are not satisfied with the Operator’s response and wish to contact TCVI LLC DBA Charter Virgin Islands, you must do so in a timely manner. If you fail to contact us in a timely manner, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error, and this may affect your rights under this Agreement.
Passport, Visa, and Immigration Requirements
Each guest must have a valid passport to enter the British Virgin Islands and to check back into the United States.
Use of our Services and Website
You agree to use our website to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You agree to use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, Trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
3. ADDITIONAL TERMS
Warranties, Disclaimers, and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO “US” “WE” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON 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.
ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.
THE CARRIERS, BOAT OWNERS, TOUR OPERATORS, CAPTAINS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OURS. WE 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 THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, DESPITE THE LIMITATION ABOVE, WE 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 OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.