Castaways Travel Business and Website Terms & Conditions
Introduction
These terms and conditions govern your use of this website and travel services provided by Castaways Travel and its parent, Fox Ascoli Travel, Inc. d/b/a Fox Travel, by using this website and travels services of Castaways Travel, you accept these terms and conditions in full.
In addition, you agree and accept the Fox Travel Terms of Service. The terms of service and terms and conditions of Castaways Travel and Fox Travel may be updated, amended or changed at any time without notice. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or travel services provided by Castaways Travel.
You must be at least 21 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.
About these websites terms and conditions
Castaways Travel is a division of Fox Ascoli Travel, Inc. ("Fox Travel"). Fox Travel's Terms of Service are applicable and are wholly incorporated in Castaways Terms and Conditions.
License to use website
Unless otherwise stated, CASTAWAYS TRAVEL and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CASTAWAYS TRAVEL'S express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without CASTAWAYS TRAVEL'S express written consent.
Restricted access
Access to certain areas of this website is restricted. CASTAWAYS TRAVEL reserves the right to restrict access to other areas of this website, or indeed this entire website, at CASTAWAYS TRAVEL’S discretion.
If CASTAWAYS TRAVEL provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
CASTAWAYS TRAVEL may disable your user ID and password in CASTAWAYS TRAVEL'S sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to CASTAWAYS TRAVEL a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CASTAWAYS TRAVEL the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CASTAWAYS TRAVEL or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CASTAWAYS TRAVEL reserves the right to edit or remove any material submitted to this website, or stored on CASTAWAYS TRAVEL'S servers, or hosted or published upon this website.
Notwithstanding CASTAWAYS TRAVEL'S rights under these terms and conditions in relation to user content, CASTAWAYS TRAVEL does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. CASTAWAYS TRAVEL makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CASTAWAYS TRAVEL does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
CASTAWAYS TRAVEL and Fox Travel will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or with travel services provided by any CASTAWAYS TRAVEL or Fox Travel employee, manager, affiliate, contractor, owner or partner:
- to the extent that the websites are provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, personal losses, loss of life, trip delay, trip cancellation, sickness, cancellation, losses due to diseases, pandemics, viruses, Coronavirus Covid-19, medical, emergency, hospitalization expenses, medical or emergency evacuation expenses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss due to cancellation penalties applicable after final payment is made, loss due to failure of travel vendor to return deposits or payments, or loss due to failure of the travel vendor, resort or cruise line supplier caused by cease of business or loss, delay, cancellation or change of operating conditions or travel dates due to health, pandemic or coronavirus/Covid 19 reasons or corruption of information or data.
Castaways' role is to facilitate the sale, collect funds on behalf of its client and remit those funds to the supplier.
The client's only recourse to obtain a refund or credit is solely against the supplier and not CASTAWAYS TRAVEL.
CASTAWAYS TRAVEL reserves the right to charge a fee for providing additional services to clients when requested to assist the collection of the credit or refund from the travel supplier. Castaways cannot guarantee this service will induce a refund or credit from the travel supplier.
Further, this CASTAWAYS TRAVEL has no liability for:
A travel supplier's failure to honor future trip credits or refunds
Special knowledge of any supplier's financial condition and no liability for recommending to client a credit from the supplier.
These limitations of liability apply even if CASTAWAYS TRAVEL has been expressly advised of the potential loss.
The client agrees not to initiate a chargeback against CASTAWAYS TRAVEL or refuse payment of a charge card balance for any reason.
The client will not hold CASTAWAYS TRAVEL liable for losses incurred from the insolvency, refusal of refund, penalty for cancellation after the final payment date, withholding, delay or cessation of business by the travel supplier.
Client will not hold CASTAWAYS TRAVEL liable or responsible for notifying client of any airline schedule changes or cancellations for airline tickets purchased by client directly from a third party source including online travel or airline websites or other outlets as CASTAWAYS TRAVEL has no access to client's flight record or reservation purchased independently.
Client agrees the travel services ordered either verbally, online, in writing or via an online reservation to fulfill and agrees to pay in full for travel products provided by CASTAWAYS TRAVEL is a contract. In addition, client agrees to be bound by these Terms and Conditions and contractual obligations stipulated on their travel invoice.
Reasonableness
By using this website and services of the company, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website nor travel services provided by CASTAWAYS TRAVEL.
Other Parties including Cruise line suppliers - Public Health & Safety
Cruise Lines have established protocols and procedures related to public health and safety, as may be updated, revised, amended or otherwise changed from time to time by the Cruise Line in its sole discretion (“Cruise Line’s Public Health and Safety Protocols”) in order to mitigate against the spread of SARSCoV- 2/COVID-19.
As an express condition to allow the Cruise to proceed, by purchasing this vacation, you agree to comply with the Cruise Line’s Public Health and Safety Protocols as they may be updated from time to time, as well as any applicable government or regulatory orders.
You are expected to become familiar with and comply with the Cruise Line’s Public Health and Safety Protocols and all applicable regulatory orders, which may include, but not be limited to, mandatory CDC, SARS-CoV-2/COVID-19 testing, mandatory face coverings and physical distancing measures while on the Vessel.
The Cruise Lines' Public Health and Safety Protocols and all sailing guidelines may be also made available on the Cruise Lines' webpage for you to review. You are responsible to become familiar with these protocols and announcements prior to a Cruise purchased from Castaways Travel or Fpx Travel which includes, without limitation, via email, website, newsletters or any communication mediums used to reach each passenger.
Prior to boarding, Passengers will be required to complete any CDC or Covid-19 related acknowledgments and comply with any Covid-19 or related health requirements as is generally implemented on the Cruise Lines' Passengers, which may include, without limitation, the Cruise Lines' Guest Health, Safety and Conduct Policy, health or safety instructions, or other posted signage.
Failure to do so by Passenger will lead to the applicable Passenger and traveling party being denied boarding or constitute cause for removal from the Vessel without any refund for cruise or refund for other travel expenses incurred including transportation, airline tickets, hotel, excursions and other costs associated with Passenger's purchase of the cruise selected.
Other parties
You accept that, as a limited liability entity, CASTAWAYS TRAVEL has an interest in limiting the personal liability of its officers, owners, agents, affiliates and employees. You agree that you will not bring any claim personally against CASTAWAYS TRAVEL, its officers, owners or employees in respect of any losses you suffer in connection with the website or the company's travel services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CASTAWAYS TRAVEL'S officers, owners, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CASTAWAYS TRAVEL.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify CASTAWAYS TRAVEL and undertake to keep CASTAWAYS TRAVEL indemnified against any losses, damages, costs, medical, emergency and hospitalization expenses, loss of life, infections, illnesses, diseases, viruses and coronavirus.
Covid 19, liabilities and expenses (including without limitation legal expenses and any amounts paid by CASTAWAYS TRAVEL to a third party in settlement of a claim or dispute on the advice of CASTAWAYS TRAVEL'S legal advisers) incurred or suffered by CASTAWAYS TRAVEL arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
You requested that CASTAWAYS TRAVEL make one or more travel bookings on your behalf. As the worldwide COVID-19 coronavirus pandemic remains ongoing at this time, you acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or canceled by the travel supplier, resort or cruise line that is providing them, a government entity or other third party over which this agency has no control.
You further acknowledge that the supplier’s own cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern your rights and remedies, including your right to receive a refund, in such an event.
Moreover, you understand that should you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss, medical expense, hospitalization, physician’s treatment or lab testing expenses may exist under the circumstances.
By acknowledging and agreeing to this document as a contract, you hereby agree to hold CASTAWAYS TRAVEL harmless and release it from any and all liability for any damages, including but not limited to monetary losses, death, incapacitation, disease, pandemic, coronavirus, Covid 19, illness, virus, evacuation, hospitalization, physician costs, permanent physical or mental injury, you may incur as a result of such interruption or cancellation of these travel plans.
Breaches of these terms and conditions
Without prejudice to CASTAWAYS TRAVEL'S other rights under these terms and conditions, if you breach these terms and conditions in any way, CASTAWAYS TRAVEL may take such action as CASTAWAYS TRAVEL deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
CASTAWAYS TRAVEL may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
CASTAWAYS TRAVEL may transfer, sub-contract or otherwise deal with CASTAWAYS TRAVEL'S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Arbitration:
Arbitration of any and all disputes, claims, or controversies whatsoever, except for claims brought and litigated in small claims court.
Arbitration shall be used for alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses relating to or in any way arising out of or connected with offering and supplying vacation travel products, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations convention on the recognition and enforcement of foreign arbitral awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ('The Convention‛) and the Federal Arbitration Act, 9 U.S.C. §§ 1, ET SEQ., (‚FAA‛) and shall be heard solely in The Woodlands, Montgomery County, Texas, USA to the exclusion of any other forums.
The arbitration shall be administered by the American Arbitration Association under its commercial dispute resolution rules and procedures, which are deemed to be incorporated herein by reference. Neither party will have the right to a jury trial nor to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court.
The arbitrator's decision will be final and binding. Other rights that customer, client, passenger or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the convention or FAA. Passenger and Castaways Travel and Fox Travel further agree to permit the taking of a deposition under oath of the customer, client or passenger asserting the claim, or for whose benefit the claim is asserted, in any
All parties agree, that the verdict of the arbitration panel shall be final and binding on all parties such arbitration.
Entire agreement
These terms and conditions, together with documents constitute the entire agreement between you and CASTAWAYS TRAVEL in relation to your use of this website, this company, its services, its owners, officers, employees and contractors and supersede all previous agreements in respect of your use of this website and the company's travel services.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with GOVERNING LAW in the State of Texas, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of JURISDICTION.
CASTAWAYS TRAVEL'S and Fox Travel's registered address is: 25701 Interstate Highway 45 North, Suite 3A, The Woodlands, TX, Montgomery County, Texas 77380