These terms of use (“Terms”) govern you/your (“Users”) access to and use of the website www.destacaribbean.com, applications and services (“Platform”) operated by Desta Group LLC, a Delaware limited liability company (“Desta”, “we”, “our” or “us”)
By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not use the Platform. We reserve the right to update, change or modify these Terms at any time without notice. Continued access or use of the Platform after such change signifies your acceptance of the updated Terms. Any existing bookings will continue to be governed by the Terms that applied when it was made.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. PLEASE SEE CLAUSE 18.
In addition, please refer to our Privacy Policy which explains how we collect and use the data on our Platform. By agreeing to these Terms, you also consent to the collection and use of data as set forth in our Privacy Policy.
Desta operates an online booking and discovery platform that enables Users to browse and book travel/tourism services such as tours, accommodations and events (“Products”) with independent third-party providers such as hotels, villas, tour operators, transportation and experience providers (“Suppliers”). Desta does not own, operate, control, or manage any Product listed on the Platform. We do not act as an agent, partner, employer, or representative of any Supplier.
When you purchase a Product on our Platform, you are contracting directly between you and the Supplier. Pricing and availability are determined solely by the Supplier. Desta acts only as a technology intermediary. You are subject to the Supplier's terms of service. Please ensure that you fully understand their terms of service and contact the Supplier directly for any further enquiries when in doubt. Desta is not responsible for Supplier performance or non-performance service quality, safety, or legality and; refunds, cancellations, or disputes between you and a Supplier.
To access or use the Platform you must be at least 18 years old and/have the legal capacity to enter binding contracts. You agree use the Platform only for lawful purposes.
You agree not to or may not enable any third party to attempt to:
We may at any time terminate your right to use the Platform and have the right to take legal action if necessary for violation or suspected violation of this clause of the Terms. We may also cancel bookings without refund. All use is prohibited if your right to access the Platform has been previously revoked by Desta.
You may be required to create an account (“Desta Account”) to access certain features. You agree that all information provided to us is accurate and up to date. You may not:
You agree to protect your password and log-in, (“Desta Account Credentials”) and you agree to notify us immediately of any unauthorized use of your Desta Account. We will not be liable for any loss or damage arising from your failure to do so. You are responsible for all activity under you Desta Account.
The default payment currency may be in USD or that of your country/current location. Suppliers may display prices in their local currency, and the price of Products will be quoted on a per-person basis, unless otherwise specified.
Currencies may be converted on the Platform. Rates may not be up to date or verified. We are not liable for currency fluctuations. For the avoidance of doubt, all prices indicated are exclusive of applicable taxes unless otherwise specified by the Supplier. Prices on the Platform may be subject to change at any time. Your use, or continued use, of the Products offered on the Platform following such changes constitutes your acceptance of any new or revised prices or fees.
You may make purchases on the Platform with an acceptable debit or credit card (“Payment Method”). You ensure that you are the authorized user of the Payment Method. This Payment Method can be linked to your Desta Account and can be used for future payments. You may change the Payment Method associated with your Desta account or add additional payment methods at any time. If we cannot process payments using a Payment Method, we may make subsequent attempts to process payment using any other Payment Method on your Desta Account. When you make a payment through the Platform, it will be processed by a secure third-party payment processor.
Once a Product has been purchased, your booking cannot be changed, cancelled or refunded unless indicated by the Terms applicable to such product or as stated in our Refund Policy. It is your responsibility to cancel or change a booking before the indicated deadline. Suppliers may also have their own refund policies that you must ensure that you read it carefully. It may be at the discretion of the Supplier to accommodate your request regarding cancellations, refunds or changes. We are under no obligation to guarantee refunds or change requests. We also have the right to reject or cancel any confirmed booking, including on behalf of the Supplier without reason unless prohibited by law.
It is your responsibility to ensure that you meet all requirements prior to entry of a country including without limitation passport/visa, health documents or any other requirements from government authorities including data collected at the airport. Ensure that you do adequate research prior to travel and contact the relevant airline if you have any questions. Desta does not promote/advise travel to any destination and is not liable for damages and losses that may result from travel to any destination.
You may submit content such as photos or videos, reviews, writings, emails or other materials (“User Content”) to the Platform. Although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, by sharing User Content, you grant us and our affiliates a worldwide, non-exclusive, permanent, irrevocable, royalty-free, global, transferrable and sub-licensable right to host, use, copy, modify, reproduce, broadcast, distribute, adapt, publish, translate and create derivative works from any User Content.
You agree not to:
All information/materials on the Platform without limitation to, our logo and related names, domains, slogans text, data, messages, photographs, graphics, blogs, audio, software, illustrations, video, and other materials including that of which we have been provided by third parties under license to, or permission of use (“Content”) are proprietary to us.
The Platform may contain links to third party websites or services. These third parties are not controlled, operated or endorsed by us. By clicking a third-party hyperlink or advertisement, you would no longer be on our Platform and would be subject to their privacy policy and terms of use.
By accepting these terms, you agree that we may communicate with you by e-mail, SMS, phone, push notifications, and other communications from your desktop or mobile device for any purpose related to your use of the Platform. You may unsubscribe from marketing-related e-mails by opting out or contacting us.
Occasionally, Desta may offer promotions, discounts, credits, referral incentives, or other promotional offers (“Promotions”) to users of the Platform. Promotions are provided at our sole discretion and are subject to these Terms and any additional conditions communicated at the time of the Promotion.
We may use machine learning tools/ algorithms to improve our Platform. These tools may interact with you e.g. chatbots and be used in line with our Privacy Policy and other applicable laws.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Desta and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
ALL SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESTA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES.
In the event that Desta is liable for any loss or damage in connection to your use of Platform, to the maximum extent permitted by applicable law, our total liability to you for any claim shall not exceed: (i) the total amount paid by you for the relevant booking, or (ii) one hundred U.S. dollars (USD $100), whichever is lower.
Nothing in these Terms is intended to exclude, limit, or waive any mandatory consumer protection rights that may apply to you under applicable law and that cannot be lawfully excluded by contract.
These Terms shall be governed by and construed in accordance with the laws of the United States in the State of New York, without regard to its conflict-of-law principles.
You agree to give us an opportunity to resolve any disputes or claims relating to the Platform. For any dispute that cannot be resolved by customer service, you and Desta agree to make a good faith effort to first resolve the dispute informally.
You agree to send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: 8 The Green, Suite B Dover, Delaware 19901.
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
These Terms constitute the entire agreement between you and Desta and supersede any prior agreements, or understandings between you and Desta, whether written or oral, with respect to the Platform including previous versions of the Terms.
For questions regarding these Terms, please email support@destacaribbean.com