Tamarindo Vacations, Inc.
Terms of Service
Agreement between User and tamarindo.com
Welcome to tamarindo.com. The tamarindo.com website (the “Site”) is comprised of various web pages operated by Tamarindo Vacations, Inc. (“Tamarindo Vacations”). tamarindo.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of tamarindo.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
tamarindo.com is a Travel Agency Site.
Tamarindo Vacations, Inc. is a Florida corporation with websites that allow visitors to book hotel rooms, vacation rentals, and fishing charters in Tamarindo, Costa Rica.
Visiting tamarindo.com or sending emails to Tamarindo Vacations constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Tamarindo Vacations does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use tamarindo.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
tamarindo.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tamarindo Vacations and Tamarindo Vacations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tamarindo Vacations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tamarindo Vacations of the site or any association with its operators.
Certain services made available via tamarindo.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the tamarindo.com domain, you hereby acknowledge and consent that Tamarindo Vacations may share such information and data with any third party with whom Tamarindo Vacations has a contractual relationship to provide the requested product, service or functionality on behalf of tamarindo.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tamarindo Vacations or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tamarindo Vacations content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Tamarindo Vacations and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tamarindo Vacations or our licensors except as expressly authorized by these Terms.
Scope of Services
Tamarindo Vacations acts only in the capacity of an intermediary on behalf of the Vendor or other Principal that is providing your Services. By making a booking through Tamarindo Vacations, you are entering into a contract directly with the Vendor and you will be subject to their terms and conditions. The delivery terms and conditions of a Vendor can be obtained with the relevant Vendor if requested, prior to a booking being confirmed or along with your booking confirmation. By confirming your booking you are accepting the Vendor’s terms and conditions and our terms and conditions.
Tamarindo Vacations shall not be liable for anything stated in the Vendor’s terms and conditions. Our Agreement with you sets out what your rights and obligations are when you book or reserve accommodations or fishing charters through us.
From the point at which you make your reservation, we act solely as an intermediary between you and the Vendor, transmitting the details of your reservation to the relevant Vendor and sending you a confirmation email for and on behalf of the vendor.
Pricing and Payment
You acknowledge that Tamarindo Vacations pre-negotiates certain rates with Vendors to facilitate the booking of reservations on your behalf. You authorize Tamarindo Vacations to book reservations for the total reservation price, which includes the rate displayed on the Website. Upon submitting your reservation request you authorize Tamarindo Vacations to facilitate reservations on your behalf.
The price of the travel services will be as quoted on the Website, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted by our Vendors.
Cancellation by Vendors
As your contract is with the Vendor, the Vendor’s cancellation policy shall apply.
We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those Vendors in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
Please note that Vendors have the ultimate responsibility for the safety of the crew and the people onboard. In the event that the trip is no longer safe due to any reason, the Vendor has the right to cancel the whole or part of the trip (before or after departure).
If your booking has to be canceled prior to departure due to unsafe weather conditions, you shall have the choice of:
accept from Tamarindo Vacations a full refund of the deposit paid for the canceled service(s).
accept from Tamarindo Vacations a substitute service(s) of equivalent value, where such substitute is reasonably available; or
accept from Tamarindo Vacations a substitute service(s) of lower value if no service(s) of equivalent value is reasonably available, and to recover from Tamarindo Vacations the difference in deposit between the deposit of the tour originally purchased and that of the substitute one;
Tamarindo Vacations is not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the canceled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Tamarindo Vacations reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.
Tamarindo Vacations makes decisions on the basis of the information from the listing, the enclosed documents and registered data, without examining the accuracy of the information from the listing, the credibility of the enclosed documents, and the regularity and legality of the proceedings in which the documents were brought, and therefore is not liable for any mistakes and damages that occur or may occur if information or documents provided prove to be false.
PLEASE NOTE THAT Tamarindo Vacations ASSUMES NO RESPONSIBILITY FOR A VENDOR’S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES, AND REGULATIONS.
YOU AGREE THAT Tamarindo Vacations INC. IS NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY IS NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING (I) YOUR APPLICABLE TAX REPORTING REQUIREMENTS, AND (II) THE TAXES THAT SHOULD BE INCLUDED, AND FOR INCLUDING TAXES TO BE COLLECTED OR OBLIGATIONS RELATING TO APPLICABLE TAXES. YOU ARE ALSO SOLELY RESPONSIBLE FOR REMITTING TO THE RELEVANT AUTHORITY ANY TAXES INCLUDED OR RECEIVED BY YOU. WE CANNOT AND DO NOT OFFER TAX-RELATED ADVICE TO ANY CUSTOMERS OR VENDORS.
As your contract is with the Vendor, all complaints should be addressed to them but we will do our best to assist you with any queries or concerns you may have relating to your arrangements. If you have a problem while on a fishing trip booked through us, you must report the same to the Vendor, their local supplier or representative immediately. If you fail to follow this procedure, your complaint is less likely to be properly investigated and rectified. Any complaints upon your return from your trip must be directed to the Vendor. You will see their contact details on the confirmation documents we send you. We will, of course, do our best to assist you if required.
Insurance and Safety
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured. Some hazardous activities may require additional coverage – please check with your insurance vendor. It may be a term of your contract with the Vendor that you take out suitable insurance cover and inform the Vendor of whom you are insured with so that they can take down your insurer’s details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.
BY OFFERING SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, Tamarindo Vacations DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Responsibility and Liability
Tamarindo Vacations, Inc., is solely a travel agency and does not provide the actual tours, services, accommodations, etc., associated with our client’s vacations. The carriers, hotels, vendors, tour providers and other suppliers providing travel or other services booked directly with our company via telephone or other forms of communication, are Independent Contractors and are not Agents, Employees or Affiliates of Tamarindo Vacations, Inc. or any of its affiliates. Tamarindo Vacations, Inc. and/or any of its affiliates are not liable for the acts, errors, omissions, misrepresentations, warranties, breaches or negligence of any such third-party carrier, vendor or supplier of services or for any personal injuries, death, property damage, or other damages or expenses that may result therefrom. Tamarindo Vacations, Inc. and its affiliates have no liability and will make no refund in the event that any third party provider service results in any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control. Any issues arising in connection with such third party carriers, vendors, etc., must be addressed directly with such third party provider in accordance with the procedures required by such third party.
In the event that despite the limitation set forth above, Tamarindo Vacations, Inc. and/or any of its affiliates are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then the liability of Tamarindo Vacations, Inc. and/or its affiliates, will in no event exceed (i) the total amount paid by the client to Tamarindo Vacations, Inc. and/or its affiliates for the services contracted for or (ii) the amount of US $200.00, whichever ever amount is greater.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Tamarindo Vacations, Inc. and/ or its affiliates.
The Service is controlled, operated and administered by Tamarindo Vacations from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tamarindo Vacations Content accessed through tamarindo.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Tamarindo Vacations, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tamarindo Vacations reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tamarindo Vacations in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tamarindo Vacations agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAMARINDO VACATIONS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TAMARINDO VACATIONS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TAMARINDO VACATIONS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Tamarindo Vacations reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tamarindo Vacations as a result of this agreement or use of the Site. Tamarindo Vacations’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tamarindo Vacations’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tamarindo Vacations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tamarindo Vacations with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tamarindo Vacations with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
We shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Changes to Terms
Tamarindo Vacations reserves the right, in its sole discretion, to change the Terms under which tamarindo.com is offered. The most current version of the Terms will supersede all previous versions. Tamarindo Vacations encourages you to periodically review the Terms to stay informed of our updates.
Tamarindo Vacations welcomes your questions or comments regarding the Terms:
Tamarindo Vacations, Inc.
6703 NW 7th St.
Miami, Florida 33126
Effective as of January 01, 2018