Terms and Conditions
This Agreement sets forth the terms and conditions between BestTours Jamaica – Jens M. Quast (BestTours Jamaica) and users who use our services to purchase tours and travel services (“You”) from individuals who provide tours and travel related services (“Tour Guides”). This Agreement explains how you purchase tours and travel services and specifically limits the liability of BestTours Jamaica.
You must read this Agreement before using the Website and booking a tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
1. General
BestTours Jamaica is not a provider of tours, but only an agent which connects You and the Tour Guides through our website besttoursjamaica.com (“Site”).
You understand that the Tour Guides presented on the Site are independent contractors and that the Tour Guides are not employees or agents of BestTours Jamaica. You hereby understand and expressly agree that BestTours Jamaica does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, nor the integrity, responsibility or any of the actions whatsoever of the Tour Guides.
BestTours Jamaica uses its best efforts to monitor the Tour Guides and their service offerings, actions and comments, and suspend privileges to any Tour Guide not adhering to policies of BestTours Jamaica. By using this Site, you agree to report any alleged improprieties of any Tour Guides to BestTours Jamaica immediately.
2. Transactions
You may seek the services of a Tour Guide through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract between you and the Tour Guide. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, you should contact BestTours Jamaica and we will attempt to resolve the issue.
BestTours Jamaica is the Merchant of Record and uses third party services to process your payments for all transactions made through BestTours Jamaica. We do not store your payment information on BestTours Jamaica’ web servers or elsewhere. You hereby agree to hold BestTours Jamaica harmless for any damages that may result should any personal information about You be released by any third parties. For further information regarding that service, please contact BestTours Jamaica’ payment processing company, PayPal.com.
3. Declaration of the right of revocation
Withdrawal
As a customer of BestTours Jamaica you can revoke the contract within two weeks without reason. This can be done in writing, e.g. letter, e-mail, or the revocation form below, or, if the purchased goods have been shipped, by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient and not before fulfillment of our information obligations in accordance with § 312 c Abs. 2 BGB (Germany) in connection with § 1 Abs.1, 2 and 4 BGB – InfoV as well as our obligations according to § 312 e, Abs. 1 Satz 1 BGB in connection with § 3 BGB – InfoV. To maintain the cancellation period, the timely dispatch of the revocation or the purchased goods is sufficient.
The revocation must be sent to:
BestTours Jamaica
Jens Quast
Am Schmachtenberg 15
42555 Velbert
Germany
Email: info@besttoursjamaica.com
Consequences of Withdrawal
In the case of an effective cancellation, the mutually received benefits shall be returned and, if applicable, any benefits (such as interest) incurred. If you cannot return the received service to BestTours Jamaica in whole or in part or only in a deteriorated condition, you are obliged to pay BestTours Jamaica the appropriate compensation.
Items that can be sent by post are to be returned at the risk of BestTours Jamaica. The customer has to bear all costs of the return, if the delivered goods correspond to that which was ordered. Otherwise, the return for the customer is free of charge.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the revocation or the object(s), for BestTours Jamaica it begins with the receipt of the object(s).
Limitations of revocation
Some of BestTours Jamaica’s products are individually tailored to customer’s specifications (e.g., guides or travel plans personalized to the customer’s specifications), and / or electronically supplied goods (e.g., travel guides in online form or in the form of data files). It is expressly pointed out that when ordering custom-made and / or electronic products (electronically for example as a PDF file or physically in printed form) via the BestTours Jamaica website, there is no two-week right of withdrawal despite a distance selling contract. Such right to withdrawal terms are expressly excluded for any product made to customer specifications and / or for any electronically delivered product (§312d IV No. 1 BGB).
End of declaration of the right of revocation
4. Shore Excursions
In the unlikely event that you miss your ship while being on a tour booked through the Site or us directly we shall not be liable, and you fully and forever release BestTours Jamaica of any costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, or loss of property, which may be sustained by You in the aforementioned event.
5. Acceptance of Risk and Waiver of Liability
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release BestTours Jamaica and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of BestTours Jamaica, whether such negligence is passive or active.
Prior to tour commencement, the Tour Guide may ask You to sign a Liability Release, and You can view a copy of the Liability Release by accessing the following link: https://besttoursjamaica.com/downloads/BestTours Jamaica Liability Release – EN.pdf.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither BestTours Jamaica or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
6. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. BestTours Jamaica is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
BestTours Jamaica will only use your information in accordance with our Privacy Policy. BestTours Jamaica will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold BestTours Jamaica harmless for any damages that may result.
BestTours Jamaica uses a third party service to process your payment information, therefore we have no access to your payment information. For further information, please contact BestTours Jamaica’s payment processing company PayPal.
7. Modification of the Terms of this Agreement
BestTours Jamaica reserves the right to make changes to this Agreement from time to time. BestTours Jamaica shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
8. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that You see or read on the Site is owned by BestTours Jamaica, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of BestTours Jamaica.
9. Notice of Trademark Rights
The service marks and trademarks BestTours Jamaica and the BestTours Jamaica logo are service marks owned by BestTours Jamaica. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of BestTours Jamaica or the applicable owner.
10. Privacy
BestTours Jamaica is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the BestTours Jamaica Site.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. BESTTOURS JAMAICA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
Under no circumstances will BestTours Jamaica be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of BestTours Jamaica arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to BestTours Jamaica under this Agreement.
13. Notice
Any notice or other communication to be given hereunder will be in writing or electronic mail.
14. Legal Claims
For all disputes between BestTours Jamaica and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and BestTours Jamaica, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of Velbert, Germany, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Germany, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Velbert, Germany, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
15. Dispute Resolution
Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS). The platform can be found at https://ec.europa.eu/consumers/odr/.
We participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is:
Universalschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
Germany
Phone: +49 7851 7957940
Fax: +49 7851 7957941
Email: mail@verbraucher-schlichter.de
Website: https://www.verbraucher-schlichter.de
16. Miscellaneous Provisions
Failure by BestTours Jamaica to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Europe/Germany.
These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and BestTours Jamaica with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of BestTours Jamaica, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
