British Virgin Islands Holidays Ltd Booking Conditions
All bookings with BVI Holidays or British Virgin Islands Holidays Ltd are subject to our Booking Conditions. They are available in full here for your information and should be read before making a reservation.
Website Conditions
There are a number of conditions about how you use our website. These conditions are published here for your information.
Booking Conditions
Your contract is with British Virgin Islands Holidays Ltd.
The following Terms shall have the meanings set out below when used in these Booking Conditions:
| ‘We’, ‘Our’, ‘Us’, ‘BVI Holidays’ | means British Virgin Islands Holidays Limited. |
| ‘Holiday’ | Means the Holiday booked by you or any person on your behalf. |
| ‘Force Majeure’ | Means any circumstances which are unusual and/or unforeseeable which are beyond the control of British Virgin Islands Holidays, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation and all similar events outside our control. |
| ‘Major Change’ | Includes the following when made before departure:
|
These conditions apply to all holidays and govern your relationship with British Virgin Islands Holidays or BVI Holidays. Please read them carefully before making a booking
1. Your Holiday Contract
When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we dispatch this invoice to the ‘lead name. This contract is governed by English Law, and the jurisdiction of the English Courts.
It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes or corrections later.
Once you have made your booking, then any amendments to the booking or to your Travel Arrangements (which are subject to clause 8 below) will be subject to these Booking Conditions which will apply to that amendment immediately upon the amendment being confirmed.
These Booking Conditions apply equally to all members of your party named in the booking. Where the ‘lead name’ on the booking is booking on behalf of other persons, it is your responsibility to ensure that these Booking Conditions are brought to their attention and that they are familiar with them. We are entitled to assume that all members of your party have read these Booking Conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.
Only we, the ‘lead name’ on the booking and any other persons in your party and whose names appear on the booking shall have any rights to enforce these Booking Conditions.
The ‘lead name’ who makes and pays for the booking must be at least 18 years old.
2. Website accuracy
Although British Virgin Islands Holidays make every effort to ensure the accuracy of the website information, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements with us at the time of booking.
3. Passports, visas, health requirements and travel documents
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for entry into the British Virgin Islands (including children) and Visas (transit, business, tourist or otherwise) may be required depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary. It is your responsibility to check the up to date position and you should make any applications for passports and/or visas in good time before your departure. British Virgin Islands Holidays accepts no liability if you or any member of your party are refused entry into the British Virgin Islands due to failure to hold the correct passport, visa and/or other travel documentation required by any airline, authority or country you are visiting or transiting through (whether or not you are required to leave the aircraft).
It is your responsibility to check passport and visa requirements with your relevant Embassy, consulate or passport office for information on visa and passport requirements relevant to your Travel Arrangements and your return to the U.S. prior to booking. British Virgin Islands Holidays has no special knowledge or expertise regarding foreign entry requirements or travel documents. We recommend that you review travel warnings, announcements, prohibitions and advisory notices issued by all relevant governments regularly prior to your departure.
4. Insurance
We consider adequate travel insurance to be essential and we strongly advise you and all members of your party to obtain it prior to departure for the full period of your trip booked. It is your responsibility to ensure that the insurance policy you purchase is suitable, covers your requirements (including but not limited to health requirements and car hire requirements) and is adequate for your particular needs and Travel Arrangements. Please read and take it with you on holiday.
5. Paying for your holiday
In order to confirm your chosen arrangements, you must pay a non-refundable deposit, which will vary depending on the type of accommodation or yacht booked and this will be confirmed to you at time of booking. (If booking within 10 weeks of departure full payment will be required by credit card, debit card or wire transfer.) The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 10 weeks prior to departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable.
We accept payment by credit card and debit card and wire transfer.
Credit Card Fraud Contingency: If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your vouchers may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined or if you have supplied incorrect credit or debit card information.
6. Your Holiday Price
Price changes: in the unlikely event that the cost of your accommodation or yacht should increase as a result of property owners or yacht companies increasing their prices, or the BVI Government levying charges you will be given the option to pay the additional amount or cancel your holiday.
7. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the ‘lead name’ on the booking. You will be asked to pay an administration charge of £50 per person and any further cost we incur in making this alteration. In cases where the administration charges made by our Suppliers are higher we reserve the right to pass on such charges to you.
You are permitted to transfer individuals’ names, if any named person on a booking is prevented from travelling as a result of illness, the death of a close relative, or other significant reason. Subject to receipt of satisfactory evidence of such reason we will at our discretion agree to that named individual’s booking being transferred to another person, which will be subject to the amendment fee of £50 per person and any additional charges made by any Supplier being paid by us on your behalf. We will advise you of these charges at the time of your request. Any changes of the individuals named in the booking are conditional on the substitute individual accepting these Booking Conditions and otherwise satisfying all the conditions applicable to the reservation.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
8. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification by mail or email from the ‘lead name’ on the booking or your Travel Agent on your behalf, must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation shown in the grid below.
Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.
| Period before departure within which notice of cancellation is receive by us in writing | % of total booking price* |
|---|---|
| More than 84 days | Loss of deposit |
| 57-84 days | 30% |
| 37-56 days | 50% |
| 22-36 days | 70% |
| 7-21 days | 90% |
| Less than 7 days | 100% |
*In some cases, the deposit may be a higher amount to secure your arrangements, this will be non-refundable and the charges will be added to the cancellation charges above.
Our cancellation charges are a percentage of the total holiday cost. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that any amendment charges are non-refundable. For insurance premiums you should refer to your insurance provider’s cancellation policy.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.
*In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.
After departure no refund will be made on any part-used components of your holiday.
All amendment or cancellation charges become payable by you immediately upon confirmation of the amendment or cancellation.
Note: Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
9. If We Change or Cancel Your Holiday
We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed.
Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:
(for Major Changes) accepting the changed arrangements or
Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
However, we will not cancel your confirmed booking 10 weeks or less before departure except for reasons of “Force Majeure” (as explained above) or failure by you to make full payment on time.
Due to the unpredictability of Force Majeure events we shall not be liable for any changes either before departure or during the holiday, which in our opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements, or, if you do not travel, return the monies you have paid to us less any applicable bank charges, but we will not pay you compensation.
In all cases, except where the Major Change arises due to reasons of Force Majeure and subject to the exceptions below, we will pay you the following compensation as detailed below.
These scales are based on how many days before your booked holiday, departure date, we notify you of a major change:
| Period before departure when a major change is notified | Compensation payable per adult (for children see below) |
|---|---|
| More than 84 days | £0.00 |
| 29-84 days | £25.00 |
| 15-28 days | £35.00 |
| 7-14 days | £40.00 |
| Less than 7 days | £50.00 |
Please note that the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
We will not pay you compensation where we make a Major Change or cancel more than 10 weeks before departure or in the event of Force Majeure.
Very rarely, we may be forced by Force Majeure to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result. In this circumstance, you are advised to contact your insurance company, which may or may not cover you.
10. Behaviour
When you book a Holiday with British Virgin Islands Holidays you accept responsibility for the proper conduct for yourself and your party whilst on holiday. If we or any other person in authority or any Supplier of any service is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned with immediate effect. No refunds will be given and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time the damage or loss was caused to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our and the other party’s full legal costs) as a result of your actions. If we incur any expenses as a result of your behaviour you shall fully compensate us for that expense on demand.
You should be aware that some Suppliers may authorise or charge your payment card at check-in as a deposit for any incidentals such as room service, telephone calls or other hotel/yacht/villa services or for damage or incidents occurring during your stay. Some Suppliers may require a cash deposit upon check-in for customers who do not have a payment card. The amount authorised or charged can vary considerably depending on the Supplier. It is your responsibility to ensure sufficient funds or credit are available to cover the amount required by the Supplier. British Virgin Islands Holidays is not responsible for setting the amount of any deposit required and if you have any queries you should contact the Supplier prior to departure.
11. If You Have A Complaint
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform the supplier of the service(s) in question. Most problems or complaints can be resolved while you are away, however if not resolved, please contact us within 28 days of your return to the U.K. giving full details of your complaint and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
If this procedure is not followed we will not have the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract.
12. Our Liability To You
(1) In respect of bookings made, we promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will endeavour to supply your contracted arrangements as promised and should this fail in any way as a result of a supplier not meeting our required standards, we will do our utmost to put this right.
(2) In respect of other arrangements, we promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/yacht, as well as using our reasonable skill and care in choosing our suppliers.
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
The act(s) and/or omission(s) of the person(s) affected or any member(s) of your/their party or
The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
’Force Majeure’ as defined above.
It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
It is your responsibility to ensure that you have adequate travel insurance to cover all persons travelling and all parts of your trip.
(3) Local Excursions/Activities/Events
We will not accept responsibility for services or facilities which do not form part of our agreement. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for whilst you are on holiday (“Local Events”) are not part of your holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
(4) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
13. Data protection/privacy
In order to process your booking and meet your requirements, we must pass your personal details on to the relevant suppliers of your travel arrangements. We would also like to hold your information (including any email address), where collected by us, for our own marketing purposes (for example, to inform you of promotional/special offers). If you do not wish to receive such approaches in future, please inform us as soon as possible.
14. Special requests and medical problems
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier, but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, elevators etc., it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
Content and Subscriber Submissions
1.1 The contents of the Web Site are intended for your personal non-commercial use. All materials published on this Web Site (including, but not limited to articles, features, photographs, images, illustrations, audio clips and video clips, also known as the “Content“) are protected by copyright, trademarks or other intellectual property rights and are owned or controlled by British Virgin Islands Holidays, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Web Site.
1.2 This Web Site and its Contents are protected by copyright pursuant to English and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 1.3 of these Terms and Conditions), create new works from, distribute, perform, display or in any way exploit, any of the Content of this Web Site (including software) in whole or in part.
1.3 You may however download or copy the Content and other downloadable items displayed on the Web Site subject to the following conditions:
1.3.1 The material may only be used for your personal non-commercial purposes. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from British Virgin Islands Holidays or the copyright holder identified in the copyright notice contained in the Contents;
1.3.2 All copies must maintain copyright and other intellectual property notices contained in the original material;
1.3.3 The products, technologies or processes illustrated or described in this Web Site may be the subject of other intellectual property rights reserved by British Virgin Islands Holidays or by other third parties. No licence is granted in respect of those intellectual property rights; and
1.3.4 Images, trademarks and brands displayed on this Web Site are protected by copyright and other intellectual property laws and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
Changes to Terms and Conditions
British Virgin Islands Holidays Ltd may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions but if it does so it will post any such changes on this Web Site.
Changes to Web Site
British Virgin Islands Holidays Ltd may also change, suspend or discontinue any aspect of the Web Site, including the availability of any features, information, database or content or restrict your access to parts or all of the Web Site without notice or liability.
Liability for Losses
By accessing this Web Site you agree that British Virgin Islands Holidays will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Web Site.
Exclusions
The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.
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