These terms and conditions (“Agreement”) governs the relationship between Desta Group LLC (“Desta” “we” “us” “our”) and you the tourism service provider (“Supplier”, “you”/“your”), who lists any accommodations, tours, events or any other services (“Products”) on our website or app (“Platform”) for purchase by individuals such as travelers/guests (“Customers”).
Please read these terms carefully as it constitutes a legally binding agreement between you and Desta. By registering as a Supplier or listing Products on the Platform, you agree to be bound by this Agreement. A failure to comply gives us a right to terminate your use of the Platform.
Desta operates a technology-based platform or online marketplace that enables Customers to discover and book Products offered by Suppliers. Desta does not own, operate, manage, or control Supplier Products. We do not act as a travel agency, tour operator, or carrier. All services are provided exclusively by the Supplier, into a direct contractual relationship with the Customer upon booking.
Nothing in this Agreement creates:
Supplier has sole responsibility for without limitation:
The Supplier will:
The Supplier agrees that we have the duty to conduct a background check to verify Suppliers. This may require the use of third-party providers. Supplier agrees to provide information required to complete such verifications such as insurance documentation, identification and other tourism documents required within your jurisdiction.
Supplier is solely responsible for all information submitted to the Platform, including without limitation:
Supplier warrants that all content:
Desta may edit, remove, or suspend listings that violate this Agreement or Platform policies.
Suppliers are responsible for all pricing/rates and availability. Supplier must provide us with its standard public rates (“Usual Rates”) Supplier may not increase, inflate, or mark up prices on the Platform above its Usual Rates offered directly to customers, or through other online or offline channels. Our goal is to offer customers the best available pricing. Desta may audit rates, compare public pricing, and require justification for discrepancies. All rates should be transparent and indicate all applicable fees and taxes. It is the Supplier's responsibility to pay all taxes. Supplier may change rates at any time.
Supplier sets its own cancellation and refund policies, subject to Platform minimum standards.
Supplier is solely responsible for:
Desta has no obligation to compensate travelers for Supplier failures. Supplier bears full responsibility for cancellations, overbookings, service failures.
Desta uses a third-party payment processor (Stripe) on the Platform to collect payments from Customers.
Supplier agrees to pay Desta:
Fees and commissions are disclosed during onboarding or via separate pricing schedules. We may update fees with reasonable notice.
Customers pay through the Platform.
Payouts are made according to the Company's payout schedule, subject to:
Payout timelines, methods, and minimum thresholds are determined by Desta and may change with notice. All payouts to Supplier pursuant to this section shall be considered final unless disputed by Supplier in good faith and pursuant to a written notice received by Desta within 60 days of Supplier's receipt of the disputed payment. Supplier remains responsible for all applicable taxes such as, value added tax, sales tax, state/federal tax or tourism levies or any other applicable taxes. Desta does not provide or is not obligated to provide any tax advice.
Supplier will ensure effective customer service is provided to match that of industry standards.
Supplier shall not engage in any form of payment fraud including but not limited to fraud by use of payment methods such as credit card, debit card, PayPal, Apple Pay.
Supplier will ensure that all Customers are treated equally and free from discrimination. If a Supplier fails to respond or resolve a Customer complaint brought to our attention by Supplier, then we may, in our sole discretion, refund the amount determined by Desta to be appropriate to the Customer and may withhold such refund amount from amounts owing to Supplier.
Supplier assumes full responsibility for guest safety, equipment insurance coverage. Supplier must maintain adequate general liability insurance and professional liability (where applicable). Supplier acknowledges that travel activities involve inherent risks and agrees to manage and mitigate those risks.
Supplier may collect information on Customers such as private information like full name or address (“Customer Data”) Supplier will ensure to use Customer Data only as necessary to perform its obligations under this Agreement and will abide by all privacy laws and standards. Supplier will ensure to maintain and protect such Customer Data and may not sell, lease or transfer Customer data.
Supplier agrees to keep confidential: booking data traveler information pricing structures platform analytics.
You agree not to or may not enable any third party to attempt to:
Supplier may not do or omit to do anything that may damage the reputation of Desta. 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 these Terms.
It is the Supplier's responsibility to verify the authenticity of all bookings and to verify the identity of each Customer. We will only pay Suppliers for valid bookings. If information provided by a customer cannot be verified, then the parties will work in good faith to address such fraudulent or potentially fraudulent booking. In the event of a fraudulent or potentially fraudulent booking, we may cancel such booking at any time.
This Agreement begins on the effective date after payment of the Product listing fee. Product listing subscription fees are valid for one (1) year, renewing automatically for successive one-year terms after successful payment of the next year's subscription fee.
In order to enable Desta to market and promote Supplier Products, Supplier hereby grants a limited, non-exclusive, worldwide, royalty-free right to use and display, copy, reproduce and redistribute Supplier's trade name, logos, trademarks and copyrights, images from Supplier's website or affiliated distribution networks such as social media platforms (including, without limitation, data, text, audio, video, graphics, photographs, artwork and similar materials) (“Supplier Content”) solely in connection with the Platform. Supplier retains ownership of Supplier Content. This also grants us the ability in our reasonable discretion to edit, modify and otherwise alter any Supplier Content as we see necessary for use such or desirable to optimize display of such Supplier Content (e.g. to adjust the size, color, brightness, contrast, etc.) Desta may also use third parties to reproduce, host or display the Supplier Content in support of the Platform. Supplier agrees that, notwithstanding termination of this Agreement for any reason, the license rights granted to Desta in this section will continue for Supplier Content to be used in all marketing materials created prior to the termination of the Agreement. Supplier retains ownership of Supplier Content. Our use of Supplier Content does not mean our endorsement or affiliation with a Supplier. This section will survive the termination or expiration of this Agreement.
Supplier agrees to indemnify, defend, and hold harmless Desta and its affiliates, officers, directors, agents, licensors and employees from all claims arising out of: Supplier services, injuries, losses, or damages, regulatory violations, misrepresentations, tax failures, disputes with travelers, Supplier negligence or misconduct
Supplier acknowledges that certain statutory consumer rights may apply depending on the traveler's location. Supplier is responsible for complying with mandatory consumer laws applicable to its services. Nothing in this Agreement waives non-excludable statutory rights where applicable by law.
DESTA MAKES NO WARRANTY OR REPRESENTATION, AND DISCLAIMS ALL IMPLIED WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, REGARDING THE PLATFORM AND/OR ANY REVENUE OR PROFIT PAYABLE TO SUPPLIER FROM BOOKINGS. WE SHALL NOT BE LIABLE FOR ANY ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, MISCONDUCT, OR FAILURES OF ANY SUPPLIER, INCLUDING BUT NOT LIMITED TO: SERVICE QUALITY OR AVAILABILITY; PRICING DISCREPANCIES OR RATE CHANGES; CANCELLATIONS, OVERBOOKINGS, OR SUBSTITUTIONS; FAILURE TO COMPLY WITH SAFETY, HEALTH, LICENSING, OR REGULATORY REQUIREMENTS; ACCIDENTS, INJURIES, ILLNESS, DEATH, LOSS, OR DAMAGE; FORCE MAJEURE EVENTS, INCLUDING WEATHER, NATURAL DISASTERS, STRIKES, GOVERNMENT ACTIONS, OR TRANSPORTATION DISRUPTIONS. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, DESTA SHALL NOT BE LIABLE FOR ANY: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS; EMOTIONAL DISTRESS OR LOSS OF ENJOYMENT; TRAVEL DELAYS, MISSED CONNECTIONS, OR ITINERARY CHANGES. THIS APPLIES EVEN IF DESTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESTA IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSORS, HOSTING PROVIDERS, ANALYTICS SERVICES, OR COMMUNICATION TOOLS. ALL PAYMENTS ARE PROCESSED BY INDEPENDENT THIRD-PARTY PAYMENT PROCESSORS, AND DESTA DOES NOT STORE OR CONTROL USERS' FULL PAYMENT CREDENTIALS. USERS ACKNOWLEDGE THAT TRAVEL, TOURISM, AND RECREATIONAL ACTIVITIES INHERENTLY INVOLVE RISKS. BY USING THE PLATFORM, USERS VOLUNTARILY ASSUME ALL SUCH RISKS, INCLUDING PERSONAL INJURY, ILLNESS, PROPERTY LOSS, OR TRAVEL DISRUPTIONS SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NO GREATER. THIS LIMITATION OF LIABILITY CLAUSE SHALL SURVIVE TERMINATION OF ANY ACCOUNT, BOOKING, OR CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES. WE SHALL BE NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE CAUSED BY FORCE MAJEURE - EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, PANDEMICS, GOVERNMENTAL ACTIONS, STRIKES, POWER OUTAGES, OR TRANSPORTATION DISRUPTIONS, PROVIDED THE AFFECTED PARTY USES REASONABLE EFFORTS TO RESUME PERFORMANCE.
To the maximum extent permitted by law, in no event shall the Company's aggregate liability for any claim, dispute, or cause of action arising out of or relating to: the use of the Platform, any booking or transaction, these Terms, or any interaction with a Supplier will exceed the lesser of:
This Agreement shall be governed by the laws of the United States in the State of New York, without regard to conflict-of-law principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration seated in New York, USA, under the AAA Commercial Arbitration Rules. Arbitration may be conducted virtually. CLASS ACTION LAWSUITS OR REPRESENTATIVE CLAIMS ARE EXPRESSLY WAIVED. Desta may seek injunctive relief or payment enforcement in any court of competent jurisdiction.
We may change or modify this Agreement at any time in our sole discretion. Suppliers will be notified of such changes. Supplier's continued use of the Platform and or provision of Products after notification of such changes/ modification of the Agreement confirms Supplier's acceptance of such changes or modifications.
We have the right to immediately terminate any part of this Agreement if breached by the Supplier. Desta will notify Supplier of any termination or suspension and, where relevant, give Supplier reasons for the termination or suspension. Additionally, either Supplier or Desta may terminate this Agreement for any reason by providing at least 30 days prior written notice to the other. If this Agreement is terminated for any reason, Supplier will honor all outstanding bookings and will continue to comply with this Agreement until the last booking is fulfilled.
These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer this Agreement without the prior written consent of the Desta. Desta may assign this Agreement freely in connection with a merger, sale of assets, corporate restructuring, or similar transaction.
Nothing in this Agreement creates any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, governmental actions, labor disputes, or failures of telecommunications or internet services.
Please contact us at support@destacaribbean.com for any queries in relation to this Agreement.