Terms & Conditions
Website Terms and Conditions (“Terms”)
Please read the following Terms carefully before using Aqua Breeze Vacations LLC https://myaquabreeze.com/, our travel agent websites and any other online features, services and/or programs offered by Aqua Breeze Vacations LLC (collectively, the “Website”) . Aqua Breeze Vacations LLC will be referred to as ABV for the purposes of this document.
By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of ABV. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
- CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, ABV does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) ABV has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state of Colorado, or, if ABV transfers your Account to another location, where ABV currently maintains your Account (“Applicable Law”).
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are at least eighteen (18) years of age, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 18 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
- SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of ABV. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.
- USER ACCOUNTS AND REGISTRATION
(a) Some areas of the Website require you to register for and maintain an active personal user account (“Account”). You must be at least eighteen (18) years of age to obtain an Account.
(b) Account registration requires you to submit to ABV certain personal information, such as your name, address, mobile phone number and date of birth, among others. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Website.
(c) You may only use the Account and its related services to make legitimate reservations and purchases. You agree that you will not use the account or the representatives of ABV to make false or fraudulent or speculative reservations or purchases.
(d) CREDIT CARD TRANSACTIONS. You understand that all credit card transactions are between you and the cruise lines, airlines, hotels, tour operators, car rental companies, and travel gear and accessory manufacturers (“Suppliers”) not ABV. ABV does not collect any funds from credit card transactions performed, therefore you agree to hold ABV and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless against any claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) that may arise out of the credit card transaction.
(e) You are solely responsible for any activity that occurs with respect to your transactions. While ABV provides certain encryption technologies and uses other reasonable precautions to protect your confidential information and provide suitable security, ABV does not and cannot guarantee or warrant that information transmitted through the ABV or suppliers’ internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ABV PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND ABV MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. ABV DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ABV SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold ABV and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by ABV, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) PORT, AIR, FUEL, AND GOVERNMENT TAXES ARE SUBJECT TO CHANGE AT ANY TIME.
- LIMITATION OF LIABILITY. ABV’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CESSATION ALL OF YOUR SITE USE. IN NO EVENT WILL ABV BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ABV’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIRD PARTY CONTENT
(a) Much of the information on the Website is provided by Suppliers, and ABV accepts no responsibility for errors, omissions, inaccuracies or misleading statements which may appear anywhere on this site, whether or not they were supplied by Suppliers.
(b) ABV has no control whatsoever over Suppliers’ actions or inactions. ABV is not responsible for third party failure to perform, breach of contract, or any action, intentional or negligent, which results in any loss, injury, delay or damage to you or your property or to anyone traveling with you, or to the property of that party. ABV cannot and does not guarantee Supplier reservations, timeliness, employee conduct, or the performance of scheduled flights, cruises or tours, or the availability of hotel rooms or rental cars. You acknowledge that upon receipt of fare by Supplier, Supplier accepts the passenger subject to the terms of the Supplier contract. You acknowledge and agree that ABV’s liability for damages incurred by you or anyone else from loss or damage to property or from bodily injury or death or otherwise is limited to the gross amount paid by you to ABV, and that ABV shall not be liable to you for any special, consequential and/or punitive damages resulting from either ABV or a third-party’s negligence, gross negligence, breach of contract, fraud, or any other cause whatsoever. You also agree to waive any claims for damages which you otherwise might be entitled to assert against ABV for damage to or loss of property or for death or bodily injury when the damages are covered by insurance, and further agree that no insurance company or any other third party shall ever become entitled to assert any claim you have against ABV, by subrogation, assignment, or otherwise.
(c) ABV may provide hyperlinks to other Websites maintained by third parties, or ABV may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER ABV’S CONTROL AND ABV IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are ABV’s, or its Suppliers’ or affiliates’, registered and unregistered trademarks. ABV is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of ABV that may be referred to on the Website are the property of ABV. Other third parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of ABV’s or its Suppliers’ trademarks or service marks without ABV’s or its Suppliers’ prior written permission. ABV aggressively enforces its intellectual property rights. Neither the name of ABV nor any of ABV’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without ABV’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact ABV at the address, email address or telephone number set forth at the bottom of these Terms.
- LOCAL LAWS. ABV makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. ABV is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Colorado, or, if ABV transfers your Account to another location, where ABV currently maintains your Account. The Website shall be deemed a passive website and service that does not give rise to personal jurisdiction over ABV, either specific or general, in jurisdictions other than the state of Colorado. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of the state of Colorado, or, if ABV transfers your Account to another location, where ABV currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- AVAILABILITY. Information that ABV publishes in the Website may contain references or cross-references to products, programs or services of ABV that are not necessarily announced or available in your area. Such references do not mean that ABV will announce any of those products, programs or services in your area at any time in the future. You should contact ABV for information regarding the products, programs and services that may be available to you, if any.
- NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by ABV unless acknowledged by ABV in writing. ABV has no obligation to provide you with written acknowledgment. ABV may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
- TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to ABV, to the business of the Website’s Internet service provider, to Suppliers, or to other information providers.
- INVESTIGATIONS. ABV reserves the right to investigate, review, and enforce any appropriate terms or policies applicable to a user. ABV may make any disclosure reasonably necessary to: prevent illegal activity from occurring or continuing to occur on the Website, enforce any section or term contained in any of ABV’s agreements, comply with any request received from a court or government agency with proper authority to make such a request, protect the rights, security, reputation, dignity, and/or property of ABV, ABV’s affiliates, users and/or the general public.
- RELATIONSHIP OF THE PARTIES. Nothing contained in these Terms or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- CALIFORNIA PRIVACY RIGHTS. Residents of California, under the California Civil Code, have the right to request that ABV disclose what personal information is collected about them as well as why the personal information is collected, to whom the personal information is shared with, if any, and what information was shared. Residents also have the right to request that ABV delete any personal information collected about them as well as the right to request that their personal information is not shared with any third parties. If you wish to make any of the requests mentioned above, please send in your request using the contact information provided below. Please provide your full name, e-mail address, and postal address in your request.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email at email@example.com
Date of last revision: August 10, 2019