Terms and conditions
Please note that credit card payments for Pearl Investment Management Group Ltd. are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland (“TREKKSOFT”). Therefore, TREKKSOFT will appear as PEARL ISLAND on your credit card statement for the payment of this booking. The domain where you enter and process your payment is owned and operated by TREKKSOFT.
Please send an email to support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.
PEARL INVESTMENT MANAGEMENT GROUP LTD.
TERMS AND CONDITIONS
These terms and conditions apply to all trips organised by Pearl Investment Management Group Ltd. (Company registration No.63994 C trading as trading as Pearl Island Bahamas), whose registered office is at 3B, One Sandyport Plaza, West Bay Street, Nassau, New Providence, Bahamas.
Your contract incorporates these terms and conditions and by making a booking with us you confirm your acceptance of these terms and conditions to the exclusion of any other terms and conditions which you may seek to apply to the contract.
In these terms and conditions:
“we” or “us” or “our” or „Pearl Island Bahamas“ means Pearl Investment Management Group Ltd. “you” means the person making the booking and includes all persons included on the particular booking who will be required to acknowledge receipt and acceptance of these terms and conditions. “Participant” includes you and any other person taking part in the trip.
A. BOOKING AND PAYMENT
A.1 YOUR RESERVATION
A.1.1
When you make a booking, we will provisionally reserve your trip on the basis of these terms and conditions.
A binding contract between us will come into existence only when we have received full payment (or if applicable
your deposit ) and send our Confirmation Invoice to you. Any such acknowledgement simply indicates
that we are dealing with the booking and is not a confirmation of it.
A.1.2
Please check the Confirmation Invoice together with all other documents we send you as soon as you receive
them. Contact us immediately if any information which appears on the Confirmation Invoice or elsewhere
appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot
accept any responsibility if we are not notified of any inaccuracies in any document. Whilst we will do our
best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and
expenses involved in doing so except where we made the mistake and there is good reason why you did not
contact us within the above time limits.
A.2 OUR PRICE POLICY, PAYMENT TERMS AND SURCHARGES
A.2.1
All bookings made online require full payment at the time of booking. After your booking is confirmed, you
will receive an email with your booking number and a list of services purchased. Please print this document
and bring it along to the place of departure as this will be your proof of payment and to be used as a voucher
for your Pearl Island visit. Please check all details on your confirmation carefully to ensure they are exactly as
you requested. In the event of discrepancy, please contact us immediately at info@pearlislandbahamas.com.
A.2.2
We reserve the right to alter prices shown in any of our brochures or on our website or in any literature that
we send to you and we will inform you of any price changes prior to the issue of our Confirmation Invoice.
Once our Confirmation Invoice has been issued then, save in the case of manifest error, any price changes
may only be made in accordance with the remaining provisions of these terms and conditions and we particularly
draw your attention to the clause A.2.4 below in relation to surcharges.
A.2.3
Payments can also be made by direct credit transfer into our bank account (details of which will be provided
to you upon request ) or by debit or credit card (only Visa, MasterCard & American Express are accepted).
At Pearl Island we accept cash and credit cards for any purchases.
A.2.4
Credit Card payments are collected by Trekksoft AG acting as an authorised agent of Pearl Investment
Management Group Ltd.. Subsequently, Trekksoft AG will appear as TREKKSOFT*TOUR BOOKING on your
credit card statement. The domain where you enter and process your payment is owned and operated by
TrekkSoft AG.
A.2.5
Changes in transportation costs (including the cost of fuel) duties, taxes, fees, exchange rates or supplier
costs mean that we reserve the right to alter the price of your trip even after the issue of our Confirmation
Invoice. If this means that you have to pay an increase of more than 10% of the total price of your trip (excluding
any amendment charges), you will have the option of either:
A.2.5.1
accepting a change to an alternative trip if we are able to offer it. If any alternative trip arrangements are of
higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in
price, or
A.2.5.2
cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you
decide to cancel for this reason, you must exercise your right to do so within 14 days of receiving details of
our surcharges.
B. CHILD POLICY AND AGE RESTRICTIONS
B.1
Children 3 years and younger are complimentary. Guests 17 and younger must be accompanied by a paying
adult. All guests participating the snorkel tour must be 8 years or older. Children between 4 – 12 years get a
discount on all tours. Children 13 years or older pay full adult fare in any activity that they may be eligible to
participate.
C. CHANGES AND CANCELLATION BY US
C.1 IF WE CHANGE YOUR ARRANGEMENTS BEFORE DEPARTURE
C.1.1
We hope and expect to be able to provide you with all the services we have confirmed to you. However
given the nature of our trips and their locations, you are expected to be flexible and accommodate the
possibility of alternative arrangements having to be made, even at the last minute and without prior notice.
Please note that any published outline itineraries are a guide only, do not form a contractual obligation on us
and may be subject to change. In the vast majority of cases any changes will be regarded by us as minor
changes. However, if we consider them a “Significant Change” we will endeavor to advise you as soon as
reasonably possible. A Significant Change includes, purely by way of example, a Significant change of
destination arising otherwise than as a result of circumstances beyond our control.
C.1.2
In the case of a Significant Change before your departure we will provide you with three alternatives:-
C.1.2.1
alternative arrangements of equivalent or of very closely similar standard and price, if available, or
C.1.2.2
alternative arrangements of a lower standard together with a refund of the difference in price; or
C.1.2.3
cancel your trip with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause e.1 below unless the change occurs as a result
of circumstances beyond our control where clause I.1 will apply.
C.2 IF WE CANCEL YOUR ARRANGEMENTS
C.2.1
In the unlikely event we need to cancel arrangements we will tell you as soon as possible. However we will
not cancel your arrangements less than 48 hours before the trip commences unless it is for a reason outside
our control as provided in clause I.1. If we have to cancel your trip arrangements we will provide you with
three alternatives:-
C.2.1.1
alternative arrangements of equivalent or of very closely similar standard and price, if available, or
C.2.1.2
alternative arrangements of a lower standard together with a refund of the difference in price; or
C.2.1.3
cancel your trip arrangements with a full refund of all monies paid. In all 3 cases, compensation will be paid
as detailed in clause E.1 below unless the change occurs as a result of circumstances beyond our control (in
which case clause I.1 will apply) or we cancel as a result of your failure to pay your deposit or the balance or
any other sum when due or where clause C.2.2 applies.
D. CHANGES AND CANCELLATION BY YOU
D. CHANGES AND CANCELLATION BY YOU
D.1.1
If you want to change your trip in any way you must inform us in writing as soon as possible. We will try
to help you, although we cannot guarantee that we will always be able to do this as changes are subject to
availability at the time.
D.1.2
Where we can make a change, we will charge for any additional services, facilities, or other items changed,
at the price which applies on the day the change is made. In addition, we will also apply an administration
charge for each item you want to change as shown in the table below together with any further costs we
incur, for example with our suppliers, in making any change.
The costs shown are per change and per person and do not include any further costs that we may incur in
making the changes or any charges made by our suppliers for such changes.
Request for change received more than 48 hours prior to trip commencing: $5.00
Request for change received less than 48 hours prior to trip commencing: $25.00
D.2 IF YOU CANCEL YOUR BOOKING
D.2.1
If you wish to cancel your trip, you must write to us. Unless notice of cancellation is received prior to the issue
of our Confirmation Invoice, we will levy a cancellation charge on the scale shown in the table set out in
clause E.1. These charges are based on the estimated cost of cancelling your arrangements and the expenses
and losses we are likely to suffer.
D.2.2
If you are unable to take part in the trip, you may be able to transfer your place to someone else suggested
by you and acceptable to us subject to the following:
D.2.2.1
You must write to us with full details of who you would like to go instead. We must receive this information
at least 48 hours before departure.
D.2.2.2
If the change can be made, you will have to pay an amendment fee of $5.00 together with any extra costs
we incur or are asked to pay in order to make the change.
D.2.2.3
Anyone who takes part in the trip instead of you must agree to these terms and conditions.
D. CHANGES AND CANCELLATION BY YOU
The following table sets out the sums normally pay able to us or you in the event of Significant Changes or
cancellation. These sums are not payable where we have to make a Significant Change or cancel your trip
arrangements as a result of:-
(a) matters outside of our control when clause I.1 shall apply or
(b) where your booking was accepted “subject to availability” or similar and the trip arrangements are not
available
| Period before trip commences in which notice of cancellation or Significant Change is received |
Amount you will receive from us if we make a Significant Change |
Amount you will receive from us if we cancel |
Cancellation Charge if you cancel |
| More than 48 hours | $00.00 | 100% of total price | $00.00 |
| Less than 48 hours | $00.00 | 100% of total price | 100% of total price |
PLEASE NOTE:
(a) “Total Price” means the total price payable by you for the trip excluding any fees payable for any
previous changes made by you to the booking
(b) Tickets for Special Evening Events are not refundable.
F. LIMITATION OF OUR LIABILITY TO YOU
F.1
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will
pay you compensation. However we will not be liable where any failure in the performance of the contract is
due to:
F.1.1
you; or
F.1.2
a third party unconnected with the provision of the trip arrangements and where the failure
is unforeseeable or unavoidable; or
F.1.3
unusual and unforeseeable circumstances beyond our control, the consequences of which could not have
been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all
due care, could not foresee or forestall.
F.2
Our liability to you, except in cases involving death, injury or illness, shall be limited to a maximum of two
times the cost payable to us by you for your place on the trip.
F.3
Should you suffer illness, personal injury or death attributable to a third party unconnected with the provision
of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our
control, the consequences of which could not have been avoided even if all due care had been exercised, or
an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you
such advice, guidance and assistance as is reasonable in the circumstances.
F.4
Our liability will also be limited in accordance with any relevant international convention in relation to the
provision of travel or accommodation services which are incorporated into and form part of your contract
with us and we are to be regarded as having all the benefit of any limitation of compensation contained in
such conventions.
F.5
Unless otherwise expressly indicated by us inwriting, excursions or other tours that you may choose to
book or pay for whilst on the trip and which are not included in the price of the trip, are not part of the trip
arrangements provided by us. For any such excursion or other tour that you may book, the contract will be
with the operator of the excursion or tour and not with us. We are not responsible for the provision of such
excursions or tours or for anything that happens during the course of its provision by the operator even if a
member of our staff accompanies the relevant tour or excursion.
F.6
The provisions of clauses F.1 to F.5 inclusive are in addition to any other limitation of liability contained
in these Terms and Conditions.
F.7
Nothing in these Terms and Conditions affect any statutory rights that you may have under the relevant
jurisdiction applicable pursuant to clause I.6.
G. YOUR RESPONSIBILITIES
G.1 SPECIAL REQUESTS
If you have a special request (including dietary requirements), we will do our best to help, but we cannot
guarantee it except as set out below. We promise to comply with any special request which we have
specifically agreed to and confirmed in writing. General confirmation that a special request has been noted
or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the
acknowledgement of your booking or any other documentation is not confirmation that the request will be
met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any
additional cost is applicable, it will either be invoiced to you prior to departure or should be paid for locally.
G.2 DOCUMENTATION
You are responsible for ensuring that you satisfy all tickets, travel insurance and health certificate requirements
and we accept no responsibility for any refusal of travel or entry into any destination or for any
liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have
any queries with regard to documentation and insurance requirements you must raise them with us well
in advance of the trip commencing. Any information provided by us with regard to travel documentation is
given in good faith but without responsibility on our part.
G.3 HEALTH PRECAUTIONS, SAFETY AND ACCOMODATION
G.3.1
We will provide general advice to you as to what vaccinations and other health precautions are usually required
for your destination or activity. It is your responsibility to verify such advice with appropriately
qualified medical personnel and that you have received any necessary or advisory vaccinations or medication.
We reserve the right to require you to produce evidence of such vaccinations or medication and may
cancel, without payment of compensation, your place on the trip if any such vaccinations or medication have
not been obtained. It is your responsibility to ensure that you take any necessary medication whether before,
during or after the trip. Any health information provided by us is provided in good faith but will only be a
general overview of any health hazards and requirements for the trip. In the circumstances any such advice
given by us should not be regarded as a substitute for specific and detailed medical advice for you and you
should raise any particular concerns with your own doctor.
G.3.2
You have to ensure that you have the necessary level of fitness and health to complete the trip. You may
be required to participate and complete a Medical Declaration form and full particulars must be given of
any previous or existing conditions that may affect your ability to complete the trip. You may be required to
authorise disclosure by us of any such conditions to any medical personnel that we or our suppliers may use
in connection with the trip or whilst on the trip. We reserve the right at any time to require you to produce
medical evidence of your ability to complete the trip. We reserve the right to cancel your place on or to leave
the trip, even if the trip has already commenced, and without repayment of any sums paid or other compensation,
should any information on any Medical Declaration form be incorrect.
G.3.4
If you fall ill or suffer an injury or, in our supplier’s opinion, are not able to continue with the trip, we reserve
the right, following consultation with you, to require you to either leave the trip entirely or for a period or to
not take part in a particular aspect of the trip.
G.4 INSURANCE
G.4.1
You must be covered by appropriate travel insurance (including medical, rescue and repatriation insurance).
Such insurance must be on such terms and for such minimum cover as we may approve, such approval being
dependant on the nature of the trip.
G.4.2
You are responsible for ensuring that all information provided to any insurance company is correct and not
misleading and we cannot be responsible for any problems that may arise as a result of any policy of insurance
becoming invalid as a result of any error or omission in respect of such information.
G.4.3
Notwithstanding the above it is your responsibility to ensure that the cover provided is suitable and
adequate for the trip and your particular needs.
G.5 BEHAVIOUR
G.5.1
Whilst we shall endeavour to provide advice on health, safety and security matters before and whilst on the
trip, you must accept that you must behave responsibly in relation to your own safety and security and that
of others on the trip.
G.5.2
We are committed to responsible and sustainable tourism. In the circumstances you are expected to respect
and obey the laws, culture and customs of the destination country, treat others on the trip and locals with
respect and courtesy, observe and obey any instructions, directions, advice, rules and regulations given or
imposed by us or those organising any particular activities.
G.5.3
You will be personally liable for any damages suffered to property or by us or any third party
(including loss of business or reputation).
G.5.4
In the event of you failing to comply with the terms of this clause F.5, we and our suppliers reserve the right
in our absolute discretion to require you to leave the trip if your behaviour falls shorts of the standards
expected by us and our suppliers. In such circumstances no compensation of any sort (including the return of
any monies paid) shall be payable by us and all rights are reserved by us against you.
H. IF YOU HAVE A COMPLAINT
If you have cause for complaint whilst on the trip, you must bring it to the attention of our staff immediately.
They will do their best to rectify the situation. If your complaint is not resolved locally, please follow this up
within 4 weeks of your return home by email to us at info@pearlislandbahamas.com giving all relevant information.
If you fail to follow this simple procedure we may not be able to deal with your complaint.
I. MISCELLANEOUS
I.1 CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your trip
arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences
of which could not have been avoided even with all due care. These include unavoidable technical problems
with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather or epidemic.
I.2 DATA PROTECTION
Information about you, including names, contact details and any special needs, disabilities or dietary requirements
is collected by us. We may disclose this information to our service providers for the purpose of providing
you with your trip arrangements. Only information necessary for this purpose will be disclosed to them.
Some information, for example relating to religion or health, may be „sensitive personal data“. We need this
information to cater for your needs, but it is collected on condition that we have your consent. If you do not
agree to our use of such information, we cannot accept you on the trip. From time to time we may contact
you by post or email with information about further trips. If you do not wish to receive such information,
you should notify us. You will be charged a fee for this. Any request should be addressed to us at
info@pearlislandbahamas.com.
I.3 PUBLICITY AND USE OF IMAGES
We reserve the right to take photographs or films of the trip and to use the same in a responsible way in our
promotional literature and on our website. We may also reproduce any comments that we receive from you
in such literature and on our website unless you do not consent to such use.
I.4 ACCURACY OF INFORMATION
All specific information supplied in any pre-departure Trip Summary or Infornation Pack or Brochure/Flyer or
Website is correct at the time of publication. Any other information contained in any marketing or preliminary
information is designed to provide a general overview of the types of trips we undertake and the counties
visited and should not be regarded a representation forming part of the contract with you.
I.5 COMMUNICATIONS
Please note that we generally communicate with our customers by email. By making a booking with us you
agree to such electronic communication method being used. Please be aware that the onus is on you to
ensure that your email details are kept up to date, that your email system is operating correctly (including
checking that any spam filters are not preventing receipt ) and that you check for emails from us on a regular
basis as we cannot be responsible for any losses or inconvenience suffered as a result of your email system
not operating correctly and/or your failure to check email communications regularly.