UHCC Terms and Conditions
JS Marketing Group, LLC
TERMS & CONDITIONS
ULTIMATE HALLOWEEN CARIBBEAN CRUISE
THIS IS AN IMPORTANT DOCUMENT THAT DETAILS THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU (“You”, “Your”, “Guest” AND “Traveler”) AND JS MARKETING GROUP, LLC (“JSMG”) IN RELATION TO ALL THE SERVICES OF THE ULTIMATE HALLOWEEN CARIBBEAN CRUISE PACKAGE(“UHCC”) DEPARTING SAN JUAN, PUERTO RICO ON OCTOBER 30TH, 2011 AND RETURNING NOVEMBER 6TH, 2011 (“JSMG Trip” OR “Trip”).
THE TRIP CONSIST OF TWO OPTIONS: THE PRE-CRUISE OPTION OF A 1-NIGHT HOTEL STAY (INCLUDES A 4-HOUR PARTY BUS WITH OPEN BAR AND CLUB ENTRANCE FEES) , GROUND TRANSFER HOTEL IN SAN JUAN TO THE CRUISE SHIP ON OCT. 30TH AND FROM THE CRUISE SHIP TO THE AIRPORT ON NOVEMBER 6TH, 2011); AND/OR THE CRUISE ONLY OPTION ON THE CARNIVAL CRUISE LINE’S (“CCL”) VICTORY (INCLUDES CABIN, FOOD, CCL ENTERTAINMENT, CURRENT PORT CHARGES AND TAXES) WITH PORTS OF CALL TO SAN JUAN, ST. THOMAS, BARBADOS, ST. KITTS, ST. LUCIA AND ST. MAARTEN.
MANY OF THE RULES HEREIN REFLECT THE POLICIES OF THE CRUISE, HOTEL AND LAND EXCURSIONS COMPANIES AND MUST BE ADHERED TO. ALL GUEST MUST READ THESE TERMS & CONDITIONS BEFORE BOOKING.
Reservation and Cruise Deposit
A full deposit of $250.00 must accompany all reservations to confirm a specific cabin location on either option of the trip. All pricing of packages are based on double occupancy. To make a single, triple, quad, interior cabins or suite reservations, you must make a minimum $250.00 per person deposit of which $50.00 is non-refundable. THE EARLY SAVER PROGRAM OFFERS REDUCED CRUISE FARES HOWEVER THE DEPOSIT IS NON-REFUNDABLE OR TRANSFERABLE. As per the Carnival policy a credit will be offered for an upcoming cruise in the amount of $200.00. ALL PRICES ARE SUBJECT TO CHANGE BEFORE DEPOSIT. All prices reflect the current government tax and port charges; however, the cruise line may access additional fuel charges or taxes at which point guests will be notified and be responsible to pay the additional charges. JSMG has no control over increases in government taxes and fees such as fuel surcharges, etc. Should you book after a scheduled payment deadline, the deposit required will be the amount of the initial non-refundable deposit and any amounts due up to that scheduled payment deadline as noted in the section titled Schedule of Payments below. Please allow sufficient time via email or regular mail for us to get all of your travel information to you. Except during special circumstances, we generally do not mail any materials outside the U.S. and Canada. Upon confirmation of a reservation, JSMG will email a welcome letter to the email address the traveler supplied on their registration form to serve as an invoice. Please view CarnivalCruiseLinesTicketContract.
Payment Methods
Deposits and payments for the JS Marketing Group on the ULTIMATE HALLOWEEN CARIBBEAN CRUISE are only accepted by credit card via JSMGonline link or by mail or phone or in person to James Saunders of JS Marketing Group LLC. If you are paying by credit card, the final payment and additional deposits will be automatically charged as indicated, unless JSMG is notified at least three business days before such payment is due. Processing fees will apply for any online payments, which will be the sole responsibility of the guest. Note to international travelers: ALL PAYMENTS ARE BASED IN US DOLLARS. The currency conversion rate will be based on what is collected in the USA from JSMG at the current exchange rates. If you are paying by check, your check must be received by the date required or your reservation is subject to cancellation without notice. Failure to make timely payments of any reservation will subject your reservation to be cancelled without notice and all amounts paid to date will be held in accordance with the cancellation policies set below. Mail payments with a check/money order made out to JS MARKETING GROUP, LLC along with the registration form to: JS MARKETING GROUP, LLC, 780 DUMONT AVE. , BROOKLYN, NY 11207. Your deposit becomes valid once your check has cleared our bank. Returned checks are subject to a $70 penalty. No other persons or companies are authorized to collect money on JSMG’s behalf. Promoter partners are for information purposes only.
You have the option to pay for your trip in full at anytime; however, the minimum payments are due on the dates indicated in the Schedule of Payments below. PLEASE NOTE: in the event that one or more passengers assigned to a double, triple or quad cabin decide to cancel, it is the SOLE RESPONSIBILITY of the remaining traveler(s) in that cabin to find a replacement at the current cabin rates at the time of replacement or distribute payments among the remaining guests (i.e., John, Sam and Tony register for a triple. John drops out. Sam and Tony can either upgrade to the current double rate at the time or find a replacement for John). A transfer of a confirmed reservation to another person is subject to a per person changing fee. You may change and upgrade a cabin provided there is availability and you’re paying any differences in price at the time of transfer. Should a name change fee apply (plus any charges imposed by a travel vendor (cruise ship, hotel or travel agent (“Supplier”), it will be up to the traveler(s) of that cabin to pay such fee. Cruise ships (“Vessel”) sell out very quickly. The cruise company only considers guests who have placed full deposits as booked. Please note that these payments exclude gratuities and purchase of the optional ULTIMATE HALLOWEEN CARIBBEAN CRUISE Event Pass. CCL suggests a $70.00 per person gratuity for the ship’s crew.
Schedule of Payments
An initial $50.00 deposit* per person is required for all reservations (of which a $50.00 service charge is non-refundable) *except on those cabins or situations outlined above that require deposit. ULTIMATE HALLOWEEN CARIBBEAN CRUISE prices are guaranteed upon receipt of deposit. At time of registration, a first payment (or partial deposit) of $50.00 (non-refundable service charge) is due; a second payment (or remaining deposit) of $250.00 is due May 20th, 2011; and on August 1, 2011, the final payment (or remaining balance) is due. There is a $20.00 fee accessed for any late payments. In the event that payment dates are missed or late, JSMG may, at it’s own discretion, cancel your reservation and refund your money less applicable cancellation fees and non-refundable deposits in accordance with the cancellation policies set below. It is best to get your deposit in immediately to secure the current price. This will also give you greater flexibility when choosing your accommodations. To cancel your ULTIMATE HALLOWEEN CARIBBEAN CRUISE, email jsmgonline@gmail.com or call (917) 816-3577. ALL PRICES ARE SUBJECT TO CHANGE BEFORE DEPOSIT.
Travel Documents
The traveler’s cruise documents, tickets, passenger ticket contract and all other pertinent travel information will be downloadable from CCL’s website at least two weeks prior to trip departure.
Proof of Citizenship
All passports, visas and other travel documents required for embarkation and disembarkation at all ports of call or otherwise required to gain entry to all countries are the sole responsibility of the traveler. Appropriate proof of citizenship and a passport is required for all travel to Canada, Mexico and most Caribbean nations if you are a US or Canadian citizen. Visas may be required, depending on the destination. Proof of citizenship consists of a US Passport or a valid government issued photo ID plus either an original government issued birth certificate with raised seal or naturalization papers. A passport is preferred as it may be required in the future for all travel outside the United States. Citizens of countries other than the U.S. should contact an embassy or consulate of the destination country for specific entry requirements. These documents are the responsibility of the traveler. JSMG nor its Supplier shall have any liability for any delays you may encounter due to incomplete or incorrect documentation. Should you fail to possess valid documentation, you will be denied boarding or entry and will not be entitled to any refund. Full compliance with all customs regulations and all local and national laws is your responsibility.
Liability and Responsibility
Once JSMG has received your deposit or full payment, your rate is secure; except in the event of substantial increases in operating costs, fuel costs, tariffs or taxes prior to the departure date. In such cases, the guest is responsible for the charges. All assessed government or quasi-government fees and taxes are subject to change without notice at any time.
JSMG’s responsibility is strictly limited. JSMG does not own or operate any of the cruise ships, hotel accommodations or land excursions for this event. As a result, JSMG is not responsible for any negligent or willful act or failure to act of any such Supplier or of any other third party whom JSMG has no control. You agree to hold JSMG free from responsibility for any delay, claim, liability, loss or accident occasioned by the fault or negligence of any Supplier or other person or company entrusted with such service. By making your reservation and agreeing to utilize the services and accommodations of JSMG and Supplier, you agree that neither JSMG nor Supplier, nor their affiliates, agents, principals, employees, or representatives shall be liable for any loss, injury, or damage to you or your belongings, or otherwise in connection with any accommodations or transportation, or for trip cancellations, delays, changes in itinerary or schedule, or other services whether or not resulting directly or indirectly from any occurrence beyond their control, including without limitation, acts of God, breakdown of the vessel, hostilities, blockades, labor conflicts, strikes aboard ship or on land, war, fire, collision, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions and considerations of safety of the vessel, or other circumstances. In the event of interruption, changes, delays or cancellation of your JSMG trip for any reason, or in the event of default, real or alleged, of any kind by JSMG or Supplier, or your claim that JSMG or Supplier has for whatever reason failed to perform its respective obligations to you, the liability of JSMG and Supplier to you shall be limited to the refund, if applicable, of all monies theretofore paid by you for all obligations not then performed or for which you have not yet received the intended benefit. JSMG and Supplier shall not be liable or responsible to you for any other costs incurred by you, your neglect, or your misinterpretation of any term or condition, including but not limited to, travel costs and other costs incurred by you in preparation of your JSMG Trip, or for any other consequential damages arising from, or as a result of, such cancellation.
All travel arrangements made for or by you for air transportation, shore excursions, ground tours, ground transportation, hotels, restaurants and other similar activities or services are made solely for your convenience and are at your risk. The providers of such services are independent contractors and are not acting as agents or representatives of JSMG or Supplier. In no event shall JSMG or Supplier be liable for any accident, injury or harm to you that occur off the vessel, hotel or resort as a result of any acts, omissions or negligence of any third parties or independent contractors.
The Supplier shall in no event be liable to you for any contracts or understandings between you and JSMG resulting from your claim for the return of any monies collected by JSMG with respect to your JSMG Trip and you hereby agree to look solely to JSMG to collect any such sums.
You shall be liable to, and shall reimburse JSMG and Supplier for any damage to the vessel, the transport, hotel, resort or any property of JSMG or Supplier caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part; and you shall further indemnify JSMG and Suppliers and all of their agents and assigns against all liability which JSMG and Supplier may incur for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part. You shall be liable to JSMG and Supplier for any fines or penalties imposed on JSMG or Supplier by any authorities for your failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise taxes.
Non-Exclusive Gay and Lesbian Cruise
The ULTIMATE HALLOWEEN CARIBBEAN CRUISE Cruise brand is geared to a Lesbian, Gay, Bisexual and Transgender (“LGBT”) clientele that welcomes individuals from all walks of life and does not discriminate in any way. The ULTIMATE HALLOWEEN CARIBBEAN CRUISE Event Pass (“UHCC EVENT PASS”), a collection of privately held events and activities presented by JS Marketing Group, LLC, Zenbiz Travel, LLC & Ego Tripz that is not affiliated with the cruise line or any other Supplier and caters to the LGBT clientele, can be purchased only for adults over the age of 21. The UHCC EVENT PASS is exclusive to purchasers of the pass among the members of the ULTIMATE HALLOWEEN CARIBBEAN CRUISE group and others presenters choose to offer the Pass. The UHCC EVENT PASS is not included in the purchase price of the ULTIMATE HALLOWEEN CARIBBEAN CRUISE cabin. It must be purchased separately and is non-refundable. The ULTIMATE HALLOWEEN CARIBBEAN CRUISE group shares the cruise ship with thousands of other passengers. Each member of the ULTIMATE HALLOWEEN CARIBBEAN CRUISE group agrees to be mindful that some other passengers might not share or understand the LGBT lifestyle; and therefore, the ULTIMATE HALLOWEEN CARIBBEAN CRUISE guests will conduct themselves in a respectful manner at all times. Although very rare, any incidents of harassment or related problems, should be reported immediately to your assigned ULTIMATE HALLOWEEN CARIBBEAN CRUISE representative and if necessary to cruise ship personnel.
Changes to Itinerary
In the unlikely event that a major change (involving a change in vessel, departure or return date or departure city) becomes necessary, JSMG will attempt to notify you as soon as possible. In the event of a change, JSMG will try to substitute comparable services. Cruise ship itineraries are always subject to change without notice and any alterations except to embarkation points shall not be considered a major change. In the event of strikes, lockouts, stoppages of labor, riots, weather conditions, mechanical difficulties, hostilities, acts of terrorism, civil commotion, or any other reason whatsoever, Supplier has the right to cancel, advance, postpone, or substitute any scheduled itinerary or port of call without prior notice. Neither Supplier nor JSMG shall be responsible for any failure to adhere to published arrival and departure times for any of its ports of call. JSMG reserves the right to (1) cancel the trip at any time prior to departure and refund all monies in full settlement of its obligations minus the service charge of $50, and (2) decline to accept or retain any person as a member of the trip.
Cancellation Policy
JSMG imposes a service charge of $50.00 for cancellations of any reservation after it has been confirmed that is deducted from the initial deposit. A cancellation must be made in writing. JS MARKETING GROUP,LLC has made all the required and necessary arrangements and reservations for your cruise package. Therefore, the cancellation policy applies when the cancellation of the event is due to no fault of our own. The cancellation policy for the cruise portion is as follows: cancel BEFORE August 15th, 2011, 100% of all payments made is refundable minus the service charge of $50.00; cancel between August 15th, 2011 and September 15, 2011, the cancellation fee is $250.00 plus the service charge of $50.00; cancel between September 15, 2011 and before October 2nd, 2011, the cancellation fee equals 50% of the cruise amount plus the service charge of $50.00; cancel between October 2nd, 2011 and before October 16th, 2011, the cancellation fee is 75% of the cruise amount plus the service charge of $50.00; and cancel on or after October 16th, 2011 … NO REFUNDS WILL BE ISSUED. Percentages listed are of total cruise price. Any monies due you from the cruise company will be reimbursed to you within 30 days. In the event you made all payments via credit card directly to the cruise company and they are to be returned to you, you are responsible to remit to JS MARKETING GROUP, LLC the $50.00 non-refundable deposit within 30 days of the reimbursement.
Our cancellation policy for the pre-cruise (hotel stay) portion is as follows: cancel between 30 and 60 days prior to cruise departure date of 10/30/2011 is subject to a $50.00 penalty and cancel up to 30 days prior to cruise departure date is subject to a $100.00 penalty.
In the event that a cancellation is unavoidable, it is strongly recommended that you purchase travel insurance to cover any costs incurred as a result.
Insurance
JSMG strongly recommends purchasing travel insurance. Obtaining travel insurance is optional. It provides excellent coverage in case of cancellation, accidents, illness, lost/damaged baggage, etc. JSMG does not sell or have any affiliation with a travel insurance agency; however, we do offer a travel insurance option through our trip insurance provider Carnival Cruise Line Protection. Please see the insurance certificate for additional information and Pre-Existing Condition policies. For your convenience, we provide you an insurance quote based on the trip cost and your age in your welcome letter.
Photographic Release
JSMG hires photographers and staff to produce publicity pictures and videos during the JSMG trip. This Agreement shall be deemed to be an agreement by you, and on behalf of all other persons traveling under your reservation, hereby granting JSMG, its successor, licensees and assigns, all rights of every kind in perpetuity to the use of your photograph or likeness in all forms of media and in all manners, for marketing or any other lawful purposes, without limitations, at JSMG’s sole discretion. You hereby release JSMG, cruise line and other Suppliers and their respective employees, principals, representatives, and agents from any liability, loss, expense, damages, or claims arising from distribution, broadcast, sale or use of your likeness or voice. If you do not desire to be part of future marketing materials, you may rescind this release in writing upon departure of the cruise or at any time prior to arrival at the homeport. After your return, the right to so rescind shall be forever waived.
Additional Information
This Agreement and your relationship with JSMG shall be governed in accordance with the laws of the State of New York applicable to contracts made and to be performed entirely within New York. You hereby expressly agree that any legal action, arbitration or proceeding arising out of or relating to this Agreement or your ULTIMATE HALLOWEEN CARIBBEAN CRUISE experience shall be instituted by either party in the City of New York, State of New York, United States of America and, by the execution and delivery of this Agreement, you expressly waive any objection which you may have now or hereafter to the venue or to the jurisdiction of any such suit, arbitration, action or proceeding, and irrevocably submit to the jurisdiction of any such court or body in the City of New York, State of New York, United States of America. In the event of any action at law or in equity between you and JSMG arising from or in connection with this Agreement or your JSMG trip, the prevailing party shall recover attorney fees and other costs incurred in addition to any other relief.
Authorization
This Agreement constitutes the entire agreement between you and JSMG pertaining to the subject matter hereof and supersedes any prior or contemporaneous agreements, representations, negotiations or understandings between the parties not herein expressly set forth. JSMG may assign, convey or transfer its rights, obligations or entitlements under this Agreement without your prior written consent or approval. Every effort has been made by JSMG to accurately present this information. JSMG reserves the right to correct errors or make changes at any time.
You certify that you are at least 21 years of age and that you have read the above terms and conditions and agree to the provisions hereof.
