Your voluntary purchase of a nightlife excursion or activity inside or outside of your hotel, made either prior to your departure or in destination, may inherently contain a risk of personal injury, loss or damage to you and/or your personal possessions. You hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you may suffer during or arising out of your participation in the said nightlife excursion or activity, howsoever caused. Caribbean Dreams makes arrangements with destination tour operators and other independent contractors (hereinafter referred to as the “service providers”) to provide services in connection with nightlife excursions or activities. Caribbean Dreams exercises great care in choosing its service providers, but does not have control over them and therefore cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the service providers, their employees, servants, agents, subcontractors or unrelated third parties. Some of these service providers may not be agents or employees of Caribbean Dreams, notwithstanding their use of any signage or clothing which may contain the name “Caribbean Dreams” or other related trade names or logos. Moreover, these nightlife excursions and activities are subject to conditions and limitations imposed by the said service providers as well as the laws of the country in which they operate. You hereby release, discharge and indemnify Caribbean Dreams from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury or illness whether physical or mental, resulting from any delay, substitution of transportation vehicles, tour operators, or any act, omission or negligence of service providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any of the excursions or activities in which you voluntarily participate and/or any excursion or activity arranged at your specific request and/or at your cost, whether booked prior to your departure in destination, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against Caribbean Dreams for any cause arising out of or related to the actions, omissions, or negligence of any person or party other than Caribbean Dreams. Furthermore you understand and agree that before participating in a nightlife excursion or activity in which you have voluntarily agreed to participate through any request and/or pre-purchase by you for the service, you may be required to sign a written release in destination.
Caribbean Dreams’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount you paid to Caribbean Dreams for the services with respect to which you are claiming. The customer agrees to indemnify and save harmless Caribbean Dreams against any liability, actions (including legal fees), claims, losses, costs and damages, which Caribbean Dreams may incur, sustain or pay arising out of or in connection with the customer’s negligent or intentional act or omission, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by Caribbean Dreams.
Caribbean Dreams and/or its suppliers cannot assume liability for any loss, damage or injury of any nature in whole or in part resulting from an Act of God or any other Force Majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes or other labour disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit, authorization or any other factor unforeseen by Caribbean Dreams that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Caribbean Dreams shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.
REFUNDS FOR UNUSED EXCURSIONS
No refund is made for unused nightlife excursion services or any portion thereof, although the price or value of unused nightlife excursion services is exchangeable for alternative arrangements. All cancellation fees will be equal to the 30% security deposit that you pay at time of booking. There are no change fees for any changes made to your booking no less than 48 hours prior to your booking start time. You agree to discharge and indemnify Caribbean Dreams from any and all claims of any nature arising out of or related to any nightlife excursions or activities made, and agree to assume all risks associated therewith. You understand and agree that all security deposits for excursions and activities are non-refundable. These Terms and Conditions are binding upon all members of the customer’s family, dependants, estate, heirs, successors and legal personal representatives.