INSURANCE
IMPORTANT: THESE TERMS AND CONDITIONS APPLY IN RELATION FOR HOTEL ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES FOR YOU AND ANYONE TRAVELING WITH OR THROUGH YOU (COLLECTIVELY AND INDIVIDUALLY "GUEST") AND MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TICKETS OR VOUCHERS FROM ATX JAMAICA CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "CONTRACT")
Please note: Adequate and valid travel insurance is compulsory for all ATX JAMAICA Limited guest/members and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking to the date of departure.
HOW TO BOOK
To make enquiries about our tour package(s) you can contact us in several ways: directly over the telephone, via our website www.atxjamaica.com ('Website') or by email. To make a booking you must pay the relevant deposit and agree to our terms and conditions online. The person making the booking (the 'lead name') must be 18 years old or over and possess the legal capacity and authority to make the booking and accept these booking conditions and the terms set out in Exhibit A (and if applicable, Exhibit B) on behalf of everyone in their party.
Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
You will need to pay a non-refundable deposit to us at the time of booking of at least 10% of your selected travel arrangements. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 8 weeks before departure. If you book less than 8 weeks before departure, full payment (less any payment which must be paid locally) must be made on booking. If you do not pay the balance within 2 weeks of our tour date your booking will be cancelled and you will forfeit your deposit and any other relevant charges. If you do not pay the local payment on the due date your booking will be cancelled (and we shall have no further liability to you) and cancellation charges will be levied as appropriate. Please note that all payments made on a credit card (whether deposits, par payments or final balances) will be subject to a credit card fee where applicable.
If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your deposit payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on insurance documents must be an exact match to those in your passports. Unless we are responsible for the mistake, we will not accept liability if the insurance provider refuses service because the name(s) shown in your passport differ from those on your policy. Tour documents will be emailed to you approximately 6 weeks before the departure of your holiday, and will not be issued unless payment of the due balance has been received and any cheques have cleared. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people's enjoyment of the trip.
Persons under the age of 18 travelling to an international destination must carry a notarised letter of consent signed by both parents and/or legal guardian.
PRICES AND CHARGES
All prices we advertise are accurate at the date published and quoted is US dollars, but we reserve the right to change any of those prices from time to time. Prices includes cost for fuel that was estimated at the date of this publication. Prices on our website are updated regularly. Before you make a booking, we will give you the up-to-date price of your chosen holiday including the cost of any peak-season supplements, upgrades or additional facilities which you have requested.
Changes in transportation costs, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure.
Dates and itineraries shown for holidays are indicative only and subject to change.
All payments made by credit or debit card will attract a fee, where applicable.
CANCELLATION/CHANGES
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking.
We may also have to cancel your holiday arrangements. Operation of all holidays is dependent on a minimum number of persons booking the holiday (6). If that number is not achieved, we reserve the right to cancel the holiday. However, we will not cancel your holiday less than 4 weeks before the scheduled departure date except for reasons of force majeure (as defined below) or failure on your part to pay the deposit and/or final balance, or any other reason beyond our control. Where we cancel your booking, and you are not in breach of these booking conditions and other than for reasons of force majeure, we will offer you either a refund of the monies received by us in respect of the booking, or offer you, if available, a replacement holiday from us of equivalent or similar standard and price (at the date of the change). If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate. Please note that if you book a holiday departure date that is "guaranteed", in rare instances your holiday may run with less than 6 passengers and there will be no forced cancellations.
Where we make a major change to or cancel your holiday (where you are not in breach of these booking conditions), except where a major change or cancellation arises from circumstances amounting to force majeure, consolidation due to minimum numbers not being attained, failure on our part to confirm your deposit and/or final balance, or for any other reason beyond our control, we will pay you, as a minimum, compensation as detailed below. Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change or cancellation:
Balance before due date: Compensation payable per person – Nil
Balance between due date and 14 days before travel: Compensation payable per person - $80
Between 13 days and the date of travel: Compensation payable per person - $100
This standard compensation payment will not affect your statutory or other legal rights. We will only make one compensation payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fares will receive 50% of these amounts. Children using a free child place will not receive any standard compensation payment.
We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riots, civil disturbances, industrial disputes, actual or threatened terrorist activity and its consequences, natural or nuclear disasters, fire, epidemics, health risks and pandemics, acts of nature, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential adverse weather conditions, and any other similar events.
If, after our confirmation has been issued, you may (i) make a change to your existing booking, or (ii) wish to change to another of our holidays or change departure date, we will try to make the changes subject to availability, provided that notification is received in writing at our offices from the lead name at least 8 weeks before departure.
In addition to the fee we charge, any alteration, whether a change to an existing booking or a change to another holiday or departure date, will also be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the holiday. If the holiday to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable. Any alteration by you within 4 weeks of departure will be treated as a cancellation of the original booking and will be subject to cancellation charges.
Subject to section 4.4, where you are unable to travel you can transfer your booking to another person, providing the following conditions are met:
a) you notify us in writing at least 8 weeks before departure and give us authority to make the transfer; and
b) your request is accompanied by all original travel documents which you have received and the full name and address of the person to whom you wish to transfer your holiday booking ("transferee"); and
c) the transferee accepts the transfer and these booking conditions, and fulfils any conditions that apply to the booking; and
d) the transferee shows us evidence of their holiday insurance, as your policy cannot be transferred, and the premium cannot be refunded; and
e) payment is made by you of an administrative charge of a minimum of 2.5% of Tour Cost per person plus payment of all costs charged or levied by those supplying your travel arrangements, and the holiday must be paid in full at the time of the transfer.
Both the transferor and transferee will be jointly and severally liable for payment of the holiday price and other associated expenses.
Some airline carriers and other transport providers treat name and departure detail changes, such as date and time changes, as a cancellation. Accordingly, you may have to pay for the cancelled ticket and be required to pay for the full cost of a new ticket.
You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt by us of your written communication. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below. These charges are based on how many days before your booked departure we received your cancellation notice. These charges are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of passengers you wish to cancel from the booking:
CLUB400 members:
For MULTI-DAY tours
All tours cancelled 4 weeks or less before departure (or failure to join the tour or failure to pay the remaining deposit), then 55% of Tour Cost is charged.
NON-MEMBERS/GUESTS:
For MULTI-DAY tours
All tours cancelled 4 weeks or less before departure (or failure to join the tour or failure to pay the remaining deposit), then 60% of Tour Cost is charged.
Please note that for certain travel arrangements e.g. many scheduled transport providers, the cancellation charge may be higher than those shown. In certain cases, a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. We strongly recommend you to take out insurance that includes cover against irrecoverable cancellation costs. Additionally, you will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation. You may however be able to transfer this cover to another holiday.
It is recommended that reservations for pre-and post-tour accommodation are made at least one month before the departure date of the tour. If you cancel a reservation for pre-and post-tour accommodation that has been confirmed after final payment has been made, and is 6 weeks before departure, then an amendment fee of 5% of Tour Cost will be charged. If a reservation for pre-and post-tour accommodation is cancelled within 4 weeks of departure then such accommodation cost becomes 100% non-refundable. For the avoidance of doubt, this clause only applies to pre-and post-tour accommodation.
All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be from the lead name in writing and in English and delivered by hand, fax, email or sent by registered delivery post to:
ALL-TERRAIN TOURS XAYMACA Limited
11 Melmac Avenue
Kingston 5,
Cross Roads,
St. Andrew,
Jamaica,
West Indies
Tele.: 1 (876) 819 7881
Email.: ATX JAMAICAjamaica@gmail.com
CONDITIONS OF CARRIAGE & LIMITATIONS
Our obligations, and those of our suppliers providing any service or facility included in your booking, have taken reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Except in instances of personal injury or death, where the Company is found to be liable for damages in respect of its failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally but not necessarily be limited to three times the basic holiday price shown on the Confirmation Invoice (or on the latest Amendment Invoice issued). Our liability in all cases will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies’ contractual terms from our offices ALL-TERRAIN TOURS XAYMACA Limited, 11 Melmac Avenue, Kingston 5, Cross Roads, St. Andrew, JAMAICA, West Indies.
We shall have no liability where the cause of the failure to provide, or failure in, your trip or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you or a person on the booking, or attributable to someone unconnected with your booking and is unforeseeable or unavoidable, or is attributable to our employees, agents, subcontractors and suppliers and their staff whilst acting outside the scope of their employment, or is due to information, however obtained, from outside sources such as independent third party websites, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled.
If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.
If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased in resort your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall, where appropriate and subject to our absolute discretion, try to help if we can. We may help everyone on your holiday booking up to a total cost to us of $500 cost as long as the following conditions are met:
(i) you must ask us for such assistance within 90 days of the misadventure;
(ii) you must make a claim under your insurance policy's legal expenses or other appropriate section. You must show us proof that your insurance company has received your claim; and
(iii) in the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, you must repay us the costs actually incurred by us in giving this assistance
If you are joining the holiday locally (JAMAICA) our responsibility does not commence until the scheduled tour start date, we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your confirmation to enable you to continue with your holiday, although you may, at your discretion, remain at the local joining point for the arrival of the group.
We may operate trips in regions where standards of quality, accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those which would be expected in your country of residence. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided. All Company holidays, but especially those in remote regions, or regions with dangerous wildlife, involve a risk of injury, loss of or damage to property, inconvenience and discomfort. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort and by completing our booking form, you acknowledge that you have read and understood these booking conditions and agree to assume all risks associated with the holiday to the maximum extent permitted by law. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. It is a fundamental condition of joining any of the holidays described in this brochure that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible. If we are unable to complete the proposed itinerary owing to the reasons stated above, we will either transport you to the end point of the itinerary, or return you to the starting point, or provide an agreed alternative itinerary. Pro rata refunds will be given for services not utilised in such circumstances wherever possible. If a passenger is unable, or does not choose, to complete an itinerary outlined for a holiday, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the passenger is not present with the group.
Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
COMPLAINTS
If you have a complaint about your arrangements whilst away, you must immediately notify our local representative or your tour leader and the relevant supplier of the service. If you are not happy with their action in response please follow this up within 30 days of your holiday's completion by writing to us at:
ALL-TERRAIN TOURS XAYMACA Limited
11 Melmac Avenue
Kingston 5,
Cross Roads,
St. Andrew,
Jamaica,
West Indies
Tele.: 1 (876) 819 7881
Email.: ATX JAMAICAjamaica@gmail.com
We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. We can usually sort out any complaints you may have. But if we cannot agree, you can use the Arbitration Scheme devised for these issues and administered independently, providing the dispute fits within the rules of the scheme.
This is a simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. Details and application forms are available from Dispute Resolution Foundation, Jamaica. If you prefer, you can take your complaint to a suitable local court. Information regarding complaints may be shared with other tour operators.
VISA, PASSPORT, HEALTH AND TRAVEL DOCUMENTS
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate embassy, consulate. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries.
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, tel: (202) 647 - 5225, or on the web at: http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html
For medical information, contact the Centre for Disease Control, tel: (404) 332 - 4559, or on the web at: www.cdc.gov/travel
LOCAL LAWS AND CUSTOMS
Laws and customs on the island (Jamaica) may and can be very different from those of your country of birth and or residence. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be penalties for doing something that might not be illegal in your birth/country of residence. You are strongly advised to check with the JAMAICA TOURIST BOARD, Jamaican High Commission, Embassy or Consulate for further information regarding our local laws and customs before your visit. It is your responsibility to familiarise yourself with, and respect local laws and customs. If you fail to do so, we will have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. http://moj.gov.jm/laws
DATA PROTECTION AND PRIVACY
ALL-TERRAIN TOURS XAYMACA Limited's Privacy Policy sets out what information we collect, how we collect it, and what we do with it. Our Privacy Policy applies to you and is available on our website at http://www.atxjamaica.com/privacy_policy.htm and through other channels. In all your dealings with us you must ensure that others you represent are aware of the content of our Privacy Policy and consent to your acting on their behalf.
For the purpose of providing you with our services, we need to process and disclose your information, including any information about other persons on your booking, as necessary and to the relevant suppliers of your holiday arrangements. Sometimes it may be mandatory to do so, and sometimes this may require us disclosing and processing your information outside of Jamaica. Controls on data protection in countries outside of Jamaica may not be as strong as the legal requirements in the Jamaica. We may process your information and disclose the same to our group companies for business purposes and to companies and our service providers who act as "data processors" on our behalf, or to credit and fraud agencies (some of whom are located outside Jamaica). By booking with us you agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency. If you do not agree to our use of your information, we cannot engage/do business with you or accept your booking.
We may from time to time contact you with marketing material in respect of our holiday divisions and our group companies. Our websites will assume you agree to e-communications when you make a booking. You may indicate your preference regarding receiving third party direct marketing material.
You are entitled to a copy of your information held by us once you have completed our Data Subject Access Request form. You have the right to ask in writing not to receive direct marketing material from us. Please send your written requests to ALL-TERRAIN TOURS XAYMACA Limited trading as ATX JAMAICA, Legal Department:
ALL-TERRAIN TOURS XAYMACA Limited
11 Melmac Avenue
Kingston 5,
Cross Roads,
St. Andrew,
Jamaica,
West Indies
Tele.: 1 (876) 819 7881
Email.: ATX JAMAICAjamaica@gmail.com
TOUR OPERATORS AUTHORITY AND BEHAVIOUR
On an active group holiday, it is necessary that you abide by the authority of the tour leader, who represents the Company or their respective companies. (*Tour Leader, refers to individual(s) given authority by the Company or their respective legal company to operate, manage and or provide the services and products included in your tour package, this includes but not limited to ATX JAMAICA’s – Tour Operators, Tour Assists and other staff or contract provider). The tour leader is not an employee of the Company; however, they are appointed by the Company to guide your holiday. If you commit any illegal act when on the holiday or if in our reasonable opinion or the reasonable opinion of the tour leader or another person in authority your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff or agents in Jamaica or resort in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.
If the Captain of your flight or ferry or any of our overseas staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from the ferry or aircraft, or remove you from your accommodation or excursion. If this means you are not allowed to board the flight outbound from your departure point, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances no refunds or compensation will be paid to you and we will not be liable for any costs or expenses you incur.
In JAMAICA, the legal drinking age is 18. The Company does not condone the use of alcohol by those under the legal drinking age and in no way condones or encourages intoxication or the use of illegal drugs. If you are over the legal drinking age and you chose to drink, we urge you to do so responsibly and ask that you remember that the excessive use of alcohol or any use of illegal drugs can result in severely impaired judgment, injury and/or death. You should also know that the underage use of alcohol or any use of illegal drugs can result in imprisonment.
Your participation in this holiday is an acknowledgement by you that you will act as a mature adult and will be responsible for your own decisions.
For the purpose of this section, reference to "you" or "your" includes any person in your party.
ACCOMMODATIONS
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on the latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
TRIP DETAILS
Tour information on the website supersedes any other written material that you may have in regards to your tour. The website will be considered the most up-to-date and accurate.
SPECIAL REQUESTS
We will consider special requests such as vegetarian meals, high or low floor preferences in the accommodation, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements.
PARTICIPATION REQUIREMENTS
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in this brochure.
No unaccompanied minors (those under 18 years of age) can be accepted however (a) minors aged between 6 -17 years may accompany their parents on holidays designated as family adventures or villa holidays and (b) older teenagers aged 16 may be allowed to join group holidays provided they are accompanied by a parent or guardian or have receipt written consent giving permission to go unattended and accepts full responsibility for them. The minimum age for children on family adventures is 6 years old.
The tour leader is not responsible for any activity which you undertake, because you are in the best position to know your own individual competence with respect to any activity you engage in. Agreeing to our terms and conditions and Exhibit A (and if applicable, Exhibit B) signifies your agreement to this.
Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the holiday in which case all monies paid will be forfeit.
ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK & RESPONSIBILITY & RELEASE OF LIABILITY – APPLICABLE FOR ALL BOOKINGS
I understand and acknowledge that my travel in connection with and participation in the travel or vacation package ("Vacation Package" or "Trip") arranged at my request by ALL-TERRAIN TOURS XAYMACA Limited may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognise the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. I also realise and acknowledge that risk and dangers may be caused by the negligence of the owners, employees, officers or agents of ALL-TERRAIN TOURS XAYMACA or the negligence or participation of other passengers, contractors and/or subcontractors to ALL-TERRAIN TOURS XAYMACA. I also recognise and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
In consideration of the services of ALL-TERRAIN TOURS XAYMACA Limited, their owners, directors, officers, agents, employees, shareholders, and all other persons or entities associated with the business, I hereby agree as follows:
Although ALL-TERRAIN TOURS XAYMACA has taken reasonable steps to provide me with appropriate equipment and skilled tour leaders so I can enjoy an activity for which I may not be skilled, ALL-TERRAIN TOURS XAYMACA has informed me all activities are not without risk. I agree that certain risks are inherent in each activity and cannot be eliminated without destroying their unique character. I accept that these inherent risks can be the cause of loss of or damage to my equipment, accidental injury, and illness or in extreme cases, permanent trauma or death. ALL-TERRAIN TOURS XAYMACA believes it is important for me to know in advance what to expect and to be informed of inherent risks. The following list describes some, but not all, of the activities that contain risks.
Aircraft Flight Climbing Parasailing Whitewater Rafting Paintball Shooting
Ballooning Deep Sea Diving Sailing Rafting Hiking
Biking Horse Riding Scuba Diving Zip-lining Camping
Board Surfing Jet Skiing Snorkelling Windsurfing
Canoeing Kayaking Water Slides Mountain Biking
I understand the list of activities is not complete and that other unknown or unanticipated inherent risks may result in injury or death. This includes, but is not limited to, injury while 'travelling' or riding in any type of vehicle, car, van or any other mode of transport and/or transportation; and walking, running or otherwise engaged in any kind of physical activity. I agree to assume and accept full responsibility for the activities I choose to participate in and accept full responsibility for risks identified herein and any inherent risks not specifically identified. I acknowledge that my participation in any activity is purely voluntary and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that I have responsibilities as a participant. I certify that I will fully consider my ability before participating in any activity. Therefore, I assume and accept full responsibility for myself ( and all minor children in my care, custody and control) for bodily injury, death or loss of personal property and expenses which may result from those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, or as a result of my negligence. I acknowledge that the staff of, including the leader appointed by, ALL-TERRAIN TOURS XAYMACA is available to more fully explain to me the nature and physical demands of any activity and the inherent risks, hazards, and danger associate with the activity.
In consideration of the services and arrangements provided by ALL-TERRAIN TOURS XAYMACA, I do hereby release, waive, discharge, hold harmless and agree to indemnify ALL-TERRAIN OTURS XAYMACA, and their owners, officers, directors, agents and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the activities described above.
I specifically understand that I am releasing and waiving any claims or actions that I may have presently or in the future for the negligent acts or conduct of the owner, directors, officers, employees, agents and subcontractors of ALL-TERRAIN TOURS XAYMACA Limited.
LIABILITY
We are responsible to you for the proper performance of our obligations under the contract irrespective of whether those obligations are provided directly by us, or by third party service providers engaged by us acting within the proper course of their employment. Subject to the limitations of damages set forth in this Agreement, we are liable to you for any damage caused to you by our failure to perform the contract or by our improper performance of the contract, unless that failure is:
(i). attributable to you;
(ii) attributable to a third party unconnected with the provision of the services and are unforeseeable or unavoidable;
(iii) due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken;
(iv) due to an event which even with all due care we could not foresee or forestall.
The release of liability and assumption of risk that you must sign before we accept your booking (Exhibit A and, if you book a National Park element with your holiday, Exhibit B) will not be relied upon by the Company or any third-party provider of services and we will not seek to exclude your rights to bring a claim or to exclude liability for death or personal injury provided that your claim is brought within the jurisdiction of and under the laws of Jamaica.
RESPONSIBILITY
I UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON MY BEHALF UPON THE EXPRESS CONDITION THAT NEITHER ALL-TERRAIN TOURS XAYMACA LIMITED NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES INCLUDING BUT NOT LIMITED, SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR MY TRIP. I FURTHER UNDERSTAND THAT ALL-TERRAIN TOURS XAYMACA NEITHER OWNS NOR OPERATES SUCH THIRD-PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD ALL-TERRAIN TOURS XAYMACA RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, ALL-TERRAIN TOURS XAYMACA IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN OR FAILURE OF MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM CUSTOMERS' CONSUMPTION OF ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS OR FOR ANY OTHER REASON BEYOND THE CONTROL OF ALL-TERRAIN TOURS XAYMACA, AND I UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.
I (adult participant and /or parent(s) of a minor participant) agree to the terms and conditions stated herein (and if English is not my native language, I have asked for explanations where needed). I acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative, and estate, and for all members of my family, including minor children.
MEDICAL AUTHORIZATION
I hereby authorise any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.
MEDICAL EXPENSES
I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
CONFLICT
In the event of any inconsistency or conflict between the terms of this Exhibit "A" and any terms or conditions otherwise applicable to the Trip, the terms of this Exhibit "A" shall prevail.
MANDATORY ARBITRATION
I hereby acknowledge that I have read and understood the Mandatory Arbitration provisions set forth in clause 18 of the Booking Conditions for my Trip and agree to be bound by such provision in the event that a claim in respect of death or personal injury is issued or filed by me or I threaten to issue or file such a claim in a court within JAMAICA as set forth therein.
These Terms and Conditions set out the basis on which a Member may participate/join CLUB400 Programme and receive the mentioned BENEFITS and use them towards any advertised tour package on our Web Site. The following provisions govern the ownership and use of Membership:
Definitions: The following terms when used herein shall have the following meanings;
“Affiliate/Associates” means: a third party with whom ATX JAMAICA has entered into a contract wherein the third party provides information and or services to be offered to Members/Guest, including Benefits of CLUB400 Programme operated by ATX JAMAICA.
“Benefits” means: access to the various special products and services made available to Members, which Benefits shall be as published on our WEB SITE. BENEFITS may include discounts, preferred rates, special offers, exclusive tour packages and or pricing and such other products and services as ATX JAMAICA shall in its sole discretion offer from time to time.
“Member” means: a person who has been accepted by ATX JAMAICA to join the CLUB400 Programme. A person immediately ceases to be a Member if he or she terminates his or her account whether by request of time lapse, as membership last twelve (12) months or until end of payment period.
“Membership” means: participation in the closed-user group which entitles the Member to access all of the BENEFITS offered from time to time by ATX JAMAICA through the Membership programme.
“Membership Application” means: this online/electronic Membership Application Form and application process.
“Web Site” means: the ATX JAMAICA website, www.atxjamaica.com or sub domains of that Web Site and any other web sites including subdomains through which ATX JAMAICA may offer access to Program Benefits from time to time.
“ATX JAMAICA or We” means: ALL-TERRAIN TOURS XAYMACA Limited, a limited liability company registered in Jamaica. For the purpose of these terms and conditions we may refer to CLUB400 as and alternatively as the “Programme”.
BENEFITS
• Flexible payment option - 3, 6, 12 & *18 months to pay
• BOOK NOW & travel after your 3rd monthly payment
• INVITE400 Rewards Programme
• ATX Credit (Discount)
• VIP Airport Lounge
• FREE Pre/Post Accommodations
• Extend tour by 1 day – FREE
• Inclusive meals; Breakfast, LUNCH & Dinner
• Exclusive access to ATX Tickets
• CLUB400 FREE Giveaway
• *Benefits valid for 12 months
1. To become a Member of the Programmme you must be 18 years of age or older with a valid email address
2. ATX JAMAICA may refuse to accept any Membership Application in its sole discretion.
3. Membership in the Programme becomes effective only when you have activated your account from the link emailed to you and also on the first visit to the Web Site you would have accepted the Terms and Conditions of Membership.
4. If paying by credit or debit card you hereby certify that the credit or debit card or eWallet account used to make payment is held in your name or that you are an authorized user of the card or account. You hereby authorize ATX JAMAICA to charge your credit or debit card or eWallet accounts identified in your Application, or advised to ATX JAMAICA from time to time. You confirm that you understand and agree that the transaction completed by this purchase consists of recurring monthly payments until the cost of the selected tour package has been paid in full. Membership is cancelled by notice in writing in accordance with these Terms and Conditions.
5. Your Membership shall remain in effect until (i) terminated by you by sending, in writing, notice of cancellation of your Membership to ALL-TERRAIN TOURS XAYMACA Limited by certified mail to 11 Melmac Avenue, Kingston 5, Cross Roads, St. Andrew, Jamaica, West Indies or by email to membership@atxjamaica.com or (ii) terminated by ATX JAMAICA by sending in writing, notice of cancellation of your Membership to you by certified mail at the address held on file by ATX JAMAICA for you or by email to the email address held on file for you at the date of the notice. (Notice to ATX JAMAICA must include your signature, printed name, address, and Member Identification Number). Notice of cancellation must be received by ATX JAMAICA at least five (5) business days prior to the next scheduled charging date of your monthly payment account. If a cancellation notice is received fewer than five (5) business days prior to the scheduled charging date, cancellation will become effective in the month following the month in which the notice of cancellation is received by ATX JAMAICA. Termination by either party (ATX JAMAICA and yourself) shall terminate your use of the Benefits of Membership and access to the LOG IN section of the Web Site with effect from the next scheduled payment charging date or until all payments and repayment have been completed. You may cancel your Membership at any time without penalty or obligation provided you haven’t booked a packaged tour. For all other issue (see General Terms and Conditions/Cancellation/Refund).
If you cancel your Membership after booking a CLUB400 or other travel using your Membership, ATX JAMAICA may choose to cancel your travel and to refund the cost based on our Cancellation Policy. ATX JAMAICA shall not be responsible for any other costs incurred by you in connection with the cancellation of your booking (i.e, airfare and others). Your Membership will also be terminated with immediate effect if any of the information provided by you on your Application is found to be false, inaccurate or fraudulent.
6. ATX JAMAICA provides certain Benefits itself and/or through associated entities but also contracts with various Affiliates to provide Benefits to Members, Benefits will change from time to time. ATX JAMAICA shall at all times provide updated information as to Benefits available via its website and by notice to Members.
7. Benefits and Tours may be booked and used by any Member aged 18 years or older with a valid email address. Membership may only be held in the name of an individual person; ATX JAMAICA does not accept Membership Applications using alias names, partnerships, trusts or in the names of business entities.
8. Members may take dependent children on specified CLUB400 ‘FAMILY’ trips by paying the company designated ‘Child Dependent Fee’ for those under the age of 16 years. Children may be charged a reduced rate, which is particular to each CLUB400 FAMILY trip and will change accordingly. Dependent children are those children under the age of 16 years. Additional rooms can be requested but are not guaranteed to be available and will be subject to additional charges which may vary. Contact ATX JAMAICA for more information.
9. You agree that it is your responsibility to choose which Benefits you use, CLUB400 tour package(s) and or any other service purchased from us and that not electing to participate in all or any of the Benefits offered does not constitute a breach of this agreement.
10. You agree that due to the inherently limited inventory in the travel industry, the availability of specific travel services or features such as room upgrade or amenities is not guaranteed and may be subject to limits on availability or price which may vary. You further agree that ATX JAMAICA will make every available opportunity to offer you the best possible price but that price may increase above the initially published price due to limited inventory availability. CLUB400 and other travel are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by an Affiliates such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms including any such restriction or requirements before booking. ATX JAMAICA shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
11. Membership is personal to you as a Member and you may not transfer, assign, charge or otherwise dispose any of your rights or obligations without the prior written consent of ATX JAMAICA. The Membership shall terminate automatically on the notice of death of the individual in whose name the Membership is held.
12. These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Affiliate and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Affiliate supplying such products or services to the Member.
13. All materials, information, software, products, and services included on or available through the Web Site (the “content”) are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties of any kind, either express or implied.
14. Under no circumstances shall ATX JAMAICA, their affiliates, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, or the employees, agents, officers or directors of the foregoing parties (collectively, the “covered parties”) be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from: (1) the use of, or inability to use, the Web Site; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties be liability for damages to a Member exceed the cost of the advertised tour package chosen preceding the first event that is alleged to have caused the damages.
15. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in JAMAICA. The arbitration shall be conducted before a Jamaican Arbitration Board, and shall be conducted pursuant to the Dispute Resolution Foundation procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its fees and/or costs shall be shared equally.
16. These Terms and Conditions shall be governed by and construed in accordance with the laws of JAMAICA.
17. We grant you only a limited, non-transferable and non-exclusive license to use the software, documentation and other content of the Web Site necessary to access, explore and otherwise use the Web Site in real time and to use the materials and the Benefits of the Programme on the Web Site in a manner consistent with these Terms and Conditions.
18. Any software that is made available for download from the Web Site (the “Software”) is the copyright work of ATX JAMAICA, its subsidiary, associate or affiliated entities and/or its Affiliates and/or their suppliers or licensors. Use of the Software is governed by the terms of the use of the Web Site.
19. Without limiting the foregoing, copying or reproduction of the Software or of the Web Site content to any other server or location for further reproduction or redistribution is expressly prohibited.
20. You shall not use, disseminate or reproduce any ATX JAMAICA trademarks, copyrights or other intellectual property in marketing materials, advertising on social media platforms including but not limited to Facebook, Instagram, Youtube, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the expressed written consent from ATX JAMAICA.
21. You shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and you agree to respect other users of the Web Site. We reserve the right to terminate your use of the Web Site and your Membership if, at any time, you engage in any conduct that we, in our sole discretion, deem to be detrimental to ATX JAMAICA, the general public or other users. In such instances, you shall forfeit Membership "points" or any other incentives awarded by us or our Affiliates accrued but not redeemed or used upon the termination of your Membership. In addition, you agree to refund to us the reasonable value of any incentives or remuneration you receive or realize as a result of any illegal or wrongful conduct, or conduct in violation of these Terms and Conditions.
22. No relationship between ATX JAMAICA and any third parties, including but not limited to travel agents, travel experts, writers, and Members, whether or not they share in the revenues and/or profits of ATX JAMAICA, who post, publish, view, receive, or utilize information and/or materials on the Web Site shall be construed as an establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of ATX JAMAICA its subsidiaries, associated or affiliated entities.
23. We may revise and amend these Terms and Conditions from time to time. Your use of any of the Web Site and Benefits offered in the Programme will be subject to the Terms and Conditions in force at the time you access the Web Site and the Benefits and your use of the Web Site and or the Benefits shall constitute your acceptance of the applicable terms and conditions.
24. By completing and submitting the Membership Application Form, you specifically authorize ATX JAMAICA to transfer and disclose personal or confidential information which you have provided to ATX JAMAICA in connection with your Membership Application Form to its parent and associated or affiliated companies, its partners, licensees, agents and vendors and to ATX JAMAICA independent sales representatives and to applicable government or regulatory bodies, if required by law. You consent to ATX JAMAICA and its parent and associated or affiliated companies, its partners, licensees, agents and vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Membership Application Form or as advised to ATX JAMAICA by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of ATX JAMAICA products, sales aids, and services. Your consent to receive such emails and/or text messages shall survive the termination or expiration of this agreement for any reason unless and until you inform ATX JAMAICA of revocation of consent to receive such communications. You may revoke your consent in writing by emailing privacy@atxjamaica.com or by utilizing the unsubscribe option contained within every ATX JAMAICA email or text communication.
25. ATX JAMAICA, its parent, subsidiaries or associated or affiliated companies, and their directors, officers, owners, employees, assigns, and agents (collectively referred to in this section 25 as “Associates”), shall not be liable for, and you hereby release ATX JAMAICA and its Associates from, all claims for consequential and exemplary damages. As a Member, you agree to comply with the Member code of conduct when travelling as a CLUB400 Member. You further agree to indemnify ATX JAMAICA for any liability, (including attorney fees), damages, fines, penalties, or other awards arising from your conduct when travelling as a CLUB400 Member.
ATX JAMAICA may at any time set off any liability of the Member against any liability of ATX JAMAICA, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these terms and conditions. Any exercise by ATX JAMAICA of its rights under this section shall not limit or affect any other rights or remedies available to it under these Terms and Conditions or otherwise.
26. The Membership Application Form and these Terms and Conditions constitute the entire contract between you and ATX JAMAICA relating to your Membership. Any promises, representations, offers, and other communications not expressly set forth in these Terms and Conditions are of no force or effect.
27. Any waiver by ATX JAMAICA of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of ATX JAMAICA. Waiver by ATX JAMAICA of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.
28. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR SEND A TELEGRAM TO: ALL-TERRAIN TOURS XAYMACA Limited, 11 Melmac Avenue, Kingston5, Cross Roads, St. Andrew, Jamaica, West Indies or email cancel@ATX JAMAICAjamaica.com NOT LATER THAN MIDNIGHT OF the third business day following the date set forth above.
I agree to the mentioned Terms and Conditions outlined above.
ALL-TERRAIN TOURS XAYMACA Limited, ATX JAMAICA ("we", "our", "ATX JAMAICA" or "Company") may, from time to time, offer members of CLUB400/INVITE400 Programme ("Programme") the opportunity to refer friends to join our CLUB400 Programme ("INVITE400 Referral Programme" or "Programme"). We reserve the right to terminate the Programme at any time for any reason. The Programme is administered on by ATX JAMAICA, located at 11 Melmac Avenue, Kingston 5, Cross Roads, Saint Andrew Parish, Jamaica, West Indies ("Service Provider"). ATX JAMAICA may sometimes be referred to herein as the "Program Entities".
Users (defined below) are bound by these Terms and Conditions by participating in the Programme. By participating in the Programme, Users agree to use the Programme in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to modify, limit or restrict participation in the Referral Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by ATX JAMAICA in its sole discretion. A User’s time of entry into the Referral Program will be determined by ATX JAMAICA in its sole discretion. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions. Children. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
1. Privacy. Individuals may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company’s Privacy Policy, which can be found at: https://www.atxjamaica.com/page/privacy-policy. In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete their booking/purchase or registration process.
2. How the Program Works.
Program Participation, Generally
To participate, visit www.atxjamaica.com and sign up to our CLUB400 Programme, follow the on-screen instructions to complete registration and agree to join our INVITE400 Referral Programme, where after you can refer friends, family members or colleagues to the Service by using our share icons on any of our content with your unique referral link/code ("Personal Link") to share with friends, family members or colleagues. Users who refer are called "Referrers." Individuals who receive a referral are called "Referred Members." An "eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral.
Eligible Referrer
To be "eligible," a Referrer must:
Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.
Making a Referral
An individual must register as a User to make a referral, but no purchase/booking is required. Once a User refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a unique referral link ("Personal Link") that allows the Referrer to receive credit for Qualified Referrals ("Credit"). Personal Links will be issued only to individuals. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with ATX JAMAICA or participate in the Program using multiple or fake email addresses or identities.
Qualified Referrals
A Qualified Referral means a referral that meets all the following conditions:
Credit for Qualified Referrals
Credit shall only be awarded for Qualified Referrals.
Earning Rewards and SHAREPoints
Referrer shall receive the following:
MULTI-DAY Tours
• $30 is awarded when a referred user books a MULTI-DAY Tour per person (children not included)
• $5 is awarded when a referred user books an ONE DAY Tours per person (children not included)
Members can earn points towards FREE giveaways, tour discounts and benefits (Tour Extras):
BOOK A TOUR:
REFER FRIENDS:
Earn 500 points
GET SOCIAL:
Earn 300 points
LEAVE REVIEWS:
Earn 200 points
Rewards may be redeemed in various forms in the Company's sole discretion. Check your CLUB400 account for details. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Otherwise payment of cash rewards will be credited to member’s PAYPAL account.
Verified Qualified Referrals
Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation or for any other reason it deems appropriate. The Company may also refuse to verify and process any transaction that it deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions or the Company’s Privacy Policy, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.
Transfer and Value of Credit and Rewards
Share points have no monetary value and may not be redeemed for cash. Rewards, however do have a monetary value as outlined in "Earned Rewards" above. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s ATX JAMAICA account for any reason, any unredeemed Credit accumulated by the Referrer are forfeited, with Rewards accumulated by the Referrer being paid out as earned. Any Rewards are provided as is where is and no substitutions are permitted.
3. Content Ownership and Use.
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
License to You
The Company authorizes you, subject to these Terms and Conditions, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
Trademarks
The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the "Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.
4. Liability
By participating in the Program, Users agree to:
1. be bound by these Terms and Conditions, the decisions of the Company and its designees (including the Service Provider), and the Privacy Policy of the Company;
2. defend, indemnify, release and hold harmless the Company, its Service Provider and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
3. be contacted by the Customer via e-mail.
Company shall not be liable for:
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.
The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Disclaimer of Warranties
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Users should use the Program at their own risk.
5. Publicity. Participation in the Program or acceptance of a Reward constitutes permission to the Program Entities to use any User’s first and last name, company name, CLUB400 profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
6. Conduct. If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.
Prohibited Conduct, Generally
Bulk Distribution ("Spam")
If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no tolerance spam policy.
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.
Fraudulent and Suspicious Behaviour
The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in its sole discretion, if it determines such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. Suggestions and Submissions. The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:
8. Sign-In Credentials. To see the personal Company "Refer a Friend" page or account or to use the Program, Users will need to sign in with their credentials. Users are responsible for maintaining the confidentially of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
9. Governing Law and Venue. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be governed by and construed in accordance the laws of JAMAICA. without regard to conflicts of law provisions. Participants in the Program consent to the submission of any such disputes to the local Courts located in JAMAICA. Users also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Users’ use of the Service or this Agreement:
• USERS ARE GIVING THEIR YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• USERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
10. General Terms. These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
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