Terms & Conditions
These Terms and Conditions, including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services described or provided on www.Atlantis.com and our agreement with you regarding your use of this website (the “Site”) and the services. This agreement is a legally binding contract between you and Kerzner International Resorts, Inc., its affiliated companies and affiliated properties. This agreement governs your use of this Site and all transportation, accommodations, services and activities included in the trips described on our Site.
BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR OUR SERVICES ON THE WEBSITE, OR RESERVED BY YOU, YOU ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THIS AGREEMENT
We may make changes to these Terms and Conditions from time to time in our sole discretion. Each time changes are made to these Terms and Conditions, a revised Terms and Conditions will be posted on the home page. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes.
These Terms and Conditions apply to all transportation, accommodations, packages, services and activities included in the trips described on our Site. All such arrangements are made through Destination Atlantis, an affiliate of Kerzner International Resorts, Inc. Transportation to and from The Bahamas is via scheduled service or public charter as noted. By making a reservation for a trip described in our Site, you accept and agree to these Terms and Conditions as applicable to that trip.
TRAVEL AGENTS – PASSWORDS AND SECURITY:
A travel agent account is required to access certain portions of the Site and/or services and may be accessed and used only by those authorized individuals who are registered with us. To open a user account, you must complete the applicable registration form. In registering for such services, you agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right, but not the obligation, to suspend or terminate your access to the Site or use of the services and/or seek updated information from you.
You are solely responsible for any and all activities that occur under your travel agent account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized access to your account with us.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.
Destination Atlantis reserves the right to cancel a trip at any time prior to scheduled departure. In the event your trip is canceled by Destination Atlantis, a full refund will be issued. If your deposit is made by credit card, your final payment will be charged on the date noted in your booking. Bookings made for Holiday Travel require full payment on or before October 30th.
IMPORTANT NOTE: CURRENCY CONVERSIONS
Please note that the currency conversions shown on the Site are for comparison purposes only. Hotel bookings will be made in the local currency originally displayed for the relevant hotel and the actual currency conversion rate will vary from time to time. The currency rates used are compiled from a variety of public sources and are only updated on a daily basis. Any reliance upon the currency rates provided is at your own risk and KIRI accepts no responsibility for any adverse consequences.
If you would like to book multiple rooms, please make sure to use a different name for each room, otherwise the duplicate name reservation may be canceled by the hotel. Note: To check-in at the Atlantis, at least one guest must be at least 18 years of age and present a valid credit card in their name. If under 18, the guest must be traveling with a party where one guest is 18 or older and is the credit card holder for all reservations. To check-in at the Harborside Resort at Atlantis, at least one guest must be at least 21 years of age and present a valid credit card in their name. If under 21, the guest must be traveling with a party where one guest is 21 or older and is the credit card holder for all reservations.
Guests of Atlantis, Harborside Resort, The Cove and The Reef Atlantis are subject to a 18% charge (for guests traveling on or after July 1st, 2010), 14% charge (for guests traveling prior to July 1st, 2010) per night that includes taxes, the Paradise Island Tourism and Development Association levy, the Nassau Paradise Island Promotion Board levy and compensation for servicing your reservation. In addition, guests will be required to pay a mandatory gratuity and utility service fee of (i) up to $23.95 per person per day for Atlantis guests, (ii) up to $18.70 per person per day depending on unit type for Harborside Resort guests, and (iii) up to $63.95 per person per day depending on unit type for The Cove or The Reef Atlantis guests. If you purchase an Atlantis package or The Cove Atlantis package, these charges are already included in your package price. If you do not purchase a pre-paid package, these charges will be assessed upon check out at the property. Please be advised that all mandatory gratuities, taxes, levies and service fees are subject to change.Atlantis room rates are based on double occupancy. Additional guests are subject to a charge of $50 per night for each additional person, 12 years old and older.
If you need to revise a change in the length of stay or travel dates of your reservation, is subject to availability and may result in a rate change. There will be a $50 revision fee, plus any additional charges assessed by the resort and/or other travel suppliers. Revisions made to the date within 14 days of travel are considered cancellations, and cancellation fees apply.
Cancellations of a Destination Atlantis package must be received no later than 31 days prior to travel to avoid cancellation fees. Cancellations received 15 to 30 days prior to travel will incur a $100 per person fee, plus any additional charges assessed by other travel suppliers including airline fees. Cancellations received 0-14 days prior to travel will incur a $100 per person fee and a minimum hotel fee of the first two room nights, plus any additional charges assessed by the hotel or other travel suppliers including airline fees. No-shows will be penalized the entire length of stay. **Cancellations received for any part of the Easter period of April 5th to April 9th, will incur a 2 night penalty if cancelled on or after February 1st. ** Cancellations received after November 1st, for any part of the holiday travel period of December 23-January 1st, will be penalized the entire length of stay.** Should you fail to travel and use the accommodations and services in your travel package, all fees & charges imposed by Destination Atlantis, the airlines, resort or other suppliers will still apply. All members of the travel party must present a valid passport when traveling to and from the United States and The Bahamas. Failure to provide the air carrier or governmental officials with necessary documents will lead to denial of boarding. All cancellation and no show penalties that are incurred are the sole responsibility of the client and will be charged accordingly.
Refunds due to cancellation of your vacation package prior to travel will be processed upon notification (or after return of documents if applicable) and are subject to applicable cancellation charges assessed by Destination Atlantis, the resort and/or other travel suppliers. Other refund requests must be submitted to our Quality Assurance Department via email QASR@kerzner.com or call 1-888-847-3299. Any unused services included in your travel package are not refundable.
PROOF OF CITIZENSHIP:
As you will be traveling to another country, you must present proof of citizenship. All guests’ full, legal names and children’s ages are required at time of booking Possession of proper documentation is the responsibility of the passenger. Each U.S. citizen needs to present either a valid passport, passport card or WHTI-compliant document. To enter The Bahamas, citizens from countries other than the U.S. and Canada are required to present a valid passport which must be current up to your travel period and some countries are also required to have a Bahamas visa. Consult your local embassy. If you are departing The Bahamas for a country that has the passport validity requirement of six (6) months beyond the dates of travel, then that requirement will be enforced. The passenger’s failure to provide such documentation may result in automatic flight cancellation without right to a refund. To learn more about exclusive expedited passport services, including passport renewals and new passport applications for guests of Atlantis visit http://www.americanpassport.com/
At the airport: To avoid the risk of forfeiture of your seats, you must check in at least two hours prior to flight time. At the resort: Atlantis check-in time is 3:00 p.m. If your flight arrives prior to that time, you may want to pack a carry-on bag with your bathing suit and a change of clothes. Changing facilities are provided for guests so you can enjoy the swimming pools and beach shortly after your arrival.
If airport transfers are included in your package, a representative of the transfer company noted on your transfer voucher will be located outside the baggage claim area. Upon your arrival in The Bahamas, present one of the two airport transfer vouchers provided with your travel documents. The second voucher is for your return transfer. Please plan to depart the resort three hours prior to your scheduled flight’s departure time to allow for check in and clearing of United States Customs and Immigration at Nassau International Airport. This is the only security and border crossing check point required. Upon arrival into the US, you will be able to proceed directly to your next destination.
During guest registration at Atlantis, Paradise Island you will be asked to sign a form agreeing to the following terms related to any claims you may have as a result of your stay at the resort: “I agree that any claim I may have against Kerzner International Holdings Limited, Kerzner International Limited, Kerzner International Bahamas Limited, Atlantis Holdings (Bahamas) Limited, Ocean Club Holdings Limited, Paradise Island Holdings Limited, Paradise Island Limited, Island Hotel Company Limited, and Paradise Enterprises Limited, Harborside at Atlantis Development Limited and Harborside at Atlantis Management Limited, along with their parent, related and affiliated companies at every tier, and the officers, directors, employees, agents, representatives, successors and assigns of each of the foregoing entities resulting from any events occurring in The Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf.”
DOLPHIN CAY RESERVATIONS:
Dolphin Cay Reservations are a service available to all guests of Dolphin Cay at Atlantis, Paradise Island. Reservations are based on availability and can be made anytime prior to arrival. To secure your Dolphin Cay Interaction reservation(s) a valid credit card will be required with full payment due at time of booking. Note: Revisions made 2 days or less prior to travel will incur a $50 revision fee. Payment is non-refundable if cancelled 14 days or less prior to the scheduled event. No-shows are non-refundable (If a participant arrives 10 minutes after the start time, they will be counted as a “no show”) Programs will not be cancelled due to inclement weather. For any questions please contact an Atlantis Travel Specialist directly at 1-888-528-7155. For more information, please visit the Dolphin Cay section of our website.
DOLPHIN CAY RESTRICTIONS:
For the Shallow Water Interaction, a parent or appointed guardian must participate in the programs with all children under the age of 10. All ages can participate in the program.
For the Deep water interaction, participants must be a minimum of 10 years of age. Guests are required to be able to swim without the assistance of a life jacket during the program.
For the Sea Lion Behind-the-Scenes, All ages can participate in the program. A parent or appointed guardian must participate in the program with all children under the age of 13.
For the Sea Lion Shallow Water Interaction, a parent or appointed guardian must participate in the programs with all children under the age of 10. All ages can participate in the program. A parent or appointed guardian must participate in the program with all children under the age of 13.
For the Snorkel the Ruins for a day, participants must be a minimum of 8 years of age. A parent or appointed guardian must participate in the program with all children under the age of 12.
For the Trainer for a day, participants must be a minimum of 10 years of age. A parent or appointed guardian must participate in the program with all children under the age of 13. For the Aquarist for a day, participants must be a minimum of 13 years of age.
For the Aquarist for a day, participants must be a minimum of 13 years of age.
- Young children must be able to comprehend and follow instructions.
- It is required that special needs participants or those with physical impairment must have a primary attendant present throughout the interaction.
- If you are pregnant and are interested in experiencing a dolphin interaction, please consult your physician.
- Participants must wear swim suits underneath the wetsuit.
- No jewelry may be worn during the programs.
- Guests must understand English or have a translator
- Swim programs present some potential risk of injury.
- Anyone who restrains pulls or grabs at a dolphin shall be immediately removed from the program and not permitted to return.
- Participants should not touch the eye, blowhole or genital regions of a dolphin.
- The participants should only touch the animals under the direction of the marine specialist staff.
- Entry to various non-interactive areas is prohibited to visitors.
A person shall not be permitted in any interactive program for any of the following reasons…
- A person is unable to comprehend, or disregards safety instructions.
- A person is under the influence of drugs or alcohol or otherwise similarly impaired. The determination as to the fitness of a person to participate in an interaction will be made solely at the discretion of Dolphin Cay management.
- A person is under the age or height requirement for the specific program.
- A person is unaccompanied and unable to participate alone due to a physical or mental impairment.
Dining Plans are available for a minimum of two nights, must be purchased for the entire length of stay and for all persons sharing a room (adults and children). Plans begin with dinner on the day of arrival and end with breakfast on the day of departure. Alcoholic beverages are not included for dinner. Casual Dining Plan and Gourmet Dining Plan are available only to Atlantis, Paradise Island, The Reef Atlantis, The Cove Atlantis and Harborside Resort guests. All Dining Plans should be booked at least 3 days prior to arrival. Dining reservations are required for some restaurants. To avoid the $50.00 per person “no show” fee, reservations must be cancelled at least 24 hours prior to actual dining time. A 15% mandatory gratuity is automatically added to each of your breakfast and dinner checks. The 15% is not included in the price of the plan, and is based on the actual dining check for each meal. It is not based on the cost of your Dining Plan. Final gratuities charges will be posted on your guest room folio reflecting the total charges for all adults and children sharing your room. Guests who choose to dine at Carmines while on either Dining Plan will only be seated with other persons dining on the same plan. Children 6 years of age and under eat free when parents are participating in a dining Plan. They must select from the Children’s Menu. If they select from the full menu they will be charged at full price. Children 7 to 11 years of age are required to purchase the child’s version of the Dining Plan their parents are participating in, and they must select from the Children’s Menu. If they select from the full menu, they will be charged at full price. Guests 12 years of age and older are considered adults and are required to purchase the same dining plan as their parents. Adult Dining Plans apply. Surcharges may apply to some menu items. Restaurant names, openings, hours of operation, as well as particular restaurants participating in the Dining Plans are subject to change without notice. The value of unused meals will be non-refundable and may not be redeemed at non-participating restaurants. Dining Plans are not available to groups.
Dining Reservations are a complimentary service to all guests of Atlantis, The Reef, The Cove Atlantis and Harborside Resort at Atlantis. Dining Reservations can be MADE 45 DAYS OR LESS PRIOR TO ARRIVAL. To secure your Dining reservation(s) a valid credit card will be required. Note: A fee or $50 per person, per Dining Reservation may be applied to the credit card below, or added to your hotel charges for any reservation(s) canceled after 2:00pm on the day of the reservation, and for all no shows. For any questions please contact an Atlantis Travel Specialist directly at 1-888-528-7155. For more information visit the Dining Plans section of our website.
GOLF TEE TIME RESERVATIONS:
Golf Tee Time Reservations are a complimentary service to all guests of Atlantis, The Reef, The Cove Atlantis and Harborside Resort at Atlantis. Golf reservations CAN BE MADE 60 DAYS OR LESS PRIOR TO YOUR ARRIVAL DATE. To secure your Golf Reservation(s) a valid credit card will be required. NOTE: You may be charged up to the full rate of the Greens Fees for any reservation(s) canceled within less than 72 hours of your scheduled start time or for all no shows. Any fees assessed will be applied to the credit card or added to your hotel charges. For any questions please contact an Atlantis Travel Specialist directly at 1-888-528-7155. For more information visit the Golf section of our website.
If you need assistance during your stay, stop by the Atlantis Guest Services Desks in each tower lobby or call extension 28 from within the resort. Tour & Excursion Desks are available in the Coral Towers lobby to arrange for optional tours operated by third parties. These services are made available at the hotel for your convenience however; the operators are not affiliated with the hotel.
FLIGHT RULES AND RESTRICTIONS:
If your travel plan includes flights, please click here to view airline specific baggage fees that may apply.
If you purchased an air-inclusive package, certain travel restrictions may apply to the special airfares we contract with our airline partners. These tickets may state “non-refundable” and “non-endorsable.” Your tickets are valid only on the flights and dates shown, for the passenger names listed. Airline tickets will be automatically issued at the time that monies are applied to your reservations and all cancellation and revision penalties will be applicable at that time. Published airfares have additional airline rules and regulations that apply and vary by airline and airfare purchased. All tickets are non-transferable and name changes are not allowed. Some published fare tickets can be exchanged for travel at a later date, subject to airline approval and the following restrictions:
- The original ticket holder must use the ticket.
- The ticket must be used on the same airline.
- The new ticket must be re-booked prior to the original flight time and date in some cases.
- Travel on a re-booked ticket, in most cases, must be completed within one year of the date of that the original ticket was issued.
- The ticket’s value is limited to its current face value and changes may incur penalties and/or increased fares. An infant under 2 years of age at time of travel may occupy his own seat or sit in the lap of an accompanying adult. To purchase a seat for an Infant, you must call us at 1-800-ATLANTIS. You will be required to supply and infant car seat which meets airline specifications. Please check with air carrier for more information. If the infant travels as a lap child, you will be responsible and assessed for associated taxes and fees only, when you indicate the child’s age and purchase tickets for the rest of your party through us.
AIRLINE TICKETS & VOUCHERS:
Flight schedules are not guaranteed. Destination Atlantis is not responsible for any airline schedule changes, delays, cancellations, or the airlines’ inability to perform, including as a result of airline bankruptcy or liquidation. Passengers are responsible for reconfirming all flights. Seat assignments are not requested by Destination Atlantis and are the sole responsibility of the passenger. Please review all documents upon receipt to make sure they are accurate. Once you have received your tickets, vouchers and other travel documents, the safekeeping of these items is your responsibility. Destination Atlantis is not responsible for the loss, theft or misplacement, or for additional expenses incurred through the loss, theft or misplacement of these documents. Your failure to possess the necessary airline tickets will result in denial of boarding without right to alternate transportation or refund. Do not destroy your airline tickets or vouchers under any circumstances. If you wish to revise or cancel your package after you receive your tickets and vouchers, you will be required to return them to Destination Atlantis. If you fail to return them, your refund or revision will be delayed and you will be responsible for a Lost Ticket Processing Fee for each airline ticket (fee varies by airline), in addition to any revision or cancellation charges advised at the time of booking.
OPTIONAL TRAVEL INSURANCE:
If you purchased optional travel insurance at the time you made your booking, it will protect you in the event you need to cancel your reservations due to medical reasons. Optional travel protection insurance must be purchased at the time of initial deposit, or may be added to the reservation anytime up until full payment is made. Please note that this insurance is non-refundable.
PRE-DEPARTURE TRIP CANCELLATION / POST-DEPARTURE TRIP INTERRUPTION – If you have to cancel your trip due to a covered Injury, Sickness or death – your own or that of a Traveling Companion or Immediate Family Member – or for Other Covered Events, as defined, you will be reimbursed up to trip cost for: cancellation charges imposed on travel arrangements provided by Destination Atlantis if you cancel before departure; of if you must interrupt your trip after departure, you will be reimbursed for the unused, non-refundable land or water arrangements and the additional transport charges paid to return home or to rejoin your trip (limited to economy one-way airfare or first class, if your original tickets were first class).
TRAVEL DELAY – up to $500 – Provides up to $100 per day (maximum of $500) for reasonable accommodations and traveling expenses until travel becomes possible if you are delayed for more than 12 hours due to a covered reason such as air carrier delay, Injury, Sickness or death of you or your Traveling Companion; quarantine; loss of passport, travel documents or money; or natural disaster.
ACCIDENTAL DEATH & DISMEMBERMENT – up to $25,000 – These benefits are paid if loss occurs within 365 days of a covered Injury which occurs while on your trip.
MEDICAL EXPENSE / EMERGENCY ASSISTANCE – up to $25,000 – Provides reimbursement for reasonable and customary medical expenses incurred within 365 days of a covered Injury or Sickness which occurs while on your trip; emergency dental treatment received during your trip; the costs for emergency transport to home or an appropriate hospital, including escort expense (both, if deemed necessary by the attending Physician) for a covered Injury or Sickness which occurs while on your trip; or the cost of homeward carriage if deceased.
BAGGAGE AND PERSONAL EFFECTS – up to $1,000 – Coverage for direct physical loss or damage to your baggage, passport or visas while on your trip. A $500 maximum limit applies to jewelry, gems, watches, cameras and camera equipment, and furs — a $250 per article limit applies to all other items. If, while on your tour, your baggage is delayed for 24 hours or more, we will reimburse you up to $100 for the purchase of additional clothing and personal articles.
COVERAGE TERMS AND CONDITIONS – Certain exclusions and limitations apply and are detailed in the Travel Insurance Certificate. For example, coverage does not apply to: any sickness or condition of you, a Traveling Companion or an Immediate Family Member traveling with you that existed during the 60 days prior to the effective date of the coverage’s (this exclusion is waived if your premium is received within 7 days of your initial deposit/payment for your trip), suicide, normal pregnancy, war or any act of war, mental or nervous disorders. Other Covered Events, as defined, includes the following events or their consequences: Common Carrier delay due to strike, cancellation of arrangements by an airline due to strike or bad weather; a documented traffic accident while en route to departure; jury duty; destruction of your residence by a natural disaster; a documented theft of passports or visas; or a Terrorist Act which occurs in your departure city or in a city which is a scheduled destination for your Trip provided the terrorist act occurs within 30 days of the Scheduled Departure Date for your Trip; and your premium is received within 7 days of the initial deposit[/payment for your Trip. A Traveling Companion is defined as a person booked to share the same accommodations in the same room with you during your Trip. Sickness is an illness or disease of the body which requires treatment by a Physician. Sickness or Injury must commence while the Travel Protection Plan is in effect for you. This policy does not cover a loss that results from an illness, disease, or other conditions (of you, an Immediate Family Member, Traveling Companion or Business Partner), event or circumstances which occurs at a time when this policy is not in effect for you. This is a brief description of the plan. For further information ask for the Travel Insurance Certificate which fully details the coverage’s, provisions, limitations and exclusions of the insurance offered and is available to you, upon request, at any time prior to your purchase of the policy.
THIS POLICY IS OFFERED AND ADMINISTERED BY: Trip Mate (In CA, dba Trip Mate Insurance Agency), 9225 Ward Parkway, Suite 200, Kansas City, MO 64114 1-800-888-7292
POLICIES PURCHASED PRIOR TO NOVEMBER 1, 2009 ARE UNDERWRITTEN BY: Stonebridge Casualty Insurance Company, Columbus, OH.
EFFECTIVE NOVEMBER 1, 2009, THIS PLAN IS UNDERWRITTEN BY: United States Fire Insurance Company, Eatontown, NJ Please inquire at the time of booking for information on the current option travel insurance plan. The optional travel insurance conditions and rates are subject to change without notice.
OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:
The contents of our Site are intended for the personal use of users of the Site. The Site is owned and operated by Kerzner International Resorts, Inc (the “Company”). All right, title, and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Except as expressly provided in this Terms and Conditions, nothing contained herein or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party’s content. Any rights not expressly granted herein are reserved.
YOU AGREE NOT TO USE OUR SITE TO:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without our prior express written permission and systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
If we believe that anyone has violated this provision or any other provision of these Terms and Conditions or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person.
LINKS TO OTHER WEBSITES:
Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.
YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:
Your dealings with advertisers and third party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.
Destination Atlantis and/or its suppliers, in making arrangements for the transportation, accommodations and other services referred to herein, acts only as an agent for the owners and operators of such transportation, accommodations and services or facilities, and its responsibility are limited to that of an agent. The airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. The passage contract in use by the airlines concerned, when issued, shall constitute the sole contract between the airlines and the purchaser of their tours and/or passenger. Destination Atlantis Packages and products are provided by PIV, Inc. Atlantis and its tour operator do not assume responsibility for errors or omissions within the content of the Site.
COMPLIANCE WITH LAWS:
You agree to comply with all applicable laws regarding your use of our Site.
MODIFICATION TO OUR SERVICES:
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.
INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES:
BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT:
YOUR USE OF THE OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK. OUR SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE AND/OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms and Conditions or (d) your violation of any rights of another party.
LIMITATION OF ACTIONS BROUGHT AGAINST US :
You agree that any claim or cause of action arising out of your use of our Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.
SELLER OF TRAVEL:
PIV, Inc d/b/a Destination Atlantis is a registered seller of travel in Florida ST21665.
Effective Date: January 20, 2012.