Use of the Site
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PTW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PTW has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We collect and use the Registration Data exclusively for internal communications and not for third-party marketing purposes.
You will create a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PTW of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. PTW will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements.
Use of Materials on this Site
By submitting and/or posting Content to the Site, you automatically grant to PTW a royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by PTW or licensed to others by PTW for any purpose, including, without limitation, to reproduction, disclosure, transmission, publication, broadcast and posting.
Supplier Rules and Restrictions Disclosure
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
You agree that PTW is not the source or supplier of the travel services requested, and acts solely as a marketing agent for disclosed principal supplier villa owners, management companies, hotel and resorts and other independent contractors providing activities, transportation, and/or other services in the United States and abroad. You acknowledge each of these companies is an independent entity with its own management, and is not subject to the control of PTW.
Client agrees that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and/or on their respective Web sites additionally governing the transaction. You acknowledge that all bookings are accepted directly by the owner or manager of the villa and PTW is its marketing agent. All products and services offered are subject to the terms and conditions of each operator and contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. All cancellations will be handled directly with the supplier and in accordance with each supplier’s policies.
Health matters, including but not limited to concerns related to norovirus, should be addressed to the following: a) the cruise line you selected, and b) your personal physician, and c) the Center for Disease Control. Clients traveling to areas where vaccination(s) are responsible to check medical requirements for wherever you may venture. Required or advised inoculations you decide to obtain upon the advice of your personal physician may need to be administered in a series of doses months ahead of your planned departure, and such time element should be taken into account by you when making deposits and/or nonrefundable final payments. Visit the Web sites of the USA Centers for Disease Control, www.cdc.gov; and the International Society of Travel Medicine,www.istm.org.
Travel Documentation Proof, such as passports, visas, inoculation certificates remains each traveler’s responsibility. You may check Travel Documentation requirements at www.CIBT.com or you may call CIBT at 1-800-929-2428 Monday-Friday from 7:30 a.m. to 7:00 p.m. If a passport is required the expiration date should be at least 6 months following the return date of the vacation. For further information, visit the USA State Department Web sitehttp://travel.state.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Please note that government rules regarding entry and exit change on a daily basis.
Very Important: Some destinations currently require that your passport will not expire within 6 months of the date of your itinerary return. All United States citizens are required to have a valid passport to travel anywhere outside the United States. This includes the Caribbean, Bermuda, Mexico, Panama, Canada, and on all cruises. Visas may also be required for some destinations. Remember, each child traveling with you requires individual travel documentation as well.
Copyright and Trademark
The Content includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, PTW owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to PTW. Third-party content providers own the copyright in content that is original to them. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered trademarks of PTW and other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of PTW or such third party that may own the Trademarks displayed on this Site. Your misuse of the Trademarks displayed on this Site or any other Content on this Site, except as provided herein, is strictly prohibited. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of PTW.
Infringement Complaints – Digital Millennium Copyright Act Notice
PTW respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that PTW directly makes available on the Site, and we ask our Users to do the same. PTW may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users, who it suspects to be infringers. If you believe any material on the Site, either posted by PTW, our Users or any other party, is infringing, please contact PTW at the address below. Pursuant to the Digital Millennium Copyright Act, PTW has a designated agent to receive copyright infringement claims.
You may notify PTW of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:
Private Trade Winds, Inc.
500 Newport Center Drive, #900
Newport Beach, CA 92660
If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PTW DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED CONTENT. IN ADDITION, PTW DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL PTW BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT, INCLUDING PRICING ERRORS, INACCURACIES RELATING TO THE DESCRIPTIONS OF PRODUCTS OR SERVICES DISPLAYED ON OR ACCESSED THROUGH THE SITE OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
THE VENDORS, SPONSORS, ADVERTISERS, PARTNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER PRODUCTS OR SERVICES ON OR THROUGH THE SITE (COLLECTIVELY, “SUPPLIERS”) ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PTW, ITS AFFILIATES OR SUBSIDIARIES. PTW AND ITS AFFILIATES AND SUBSIDIARIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE,OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PTW AND ITS AFFILIATES AND SUBSIDIARIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE , ACTS OF TERRORISM, DEFECTS IN VEHICLES, BREAKDOWN IN EQUIPMENT, STRIKES, THEFT, WILDLIFE, CANCELLATION OF OR CHANGE IN ITINERARY OR SCHEDULES. WEATHER CONDITIONS, INCLUDING BUT NOT LIMITED TO PRESENCE OR ABSENCE OF SNOW, SUNSHINE, AND RAINFALL OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PTW, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, SUPPLIERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO OR THROUGH THE SITE, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SITE, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED CONTENT IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
IF, NOTWITHSTANDING THE ABOVE, A RELEASED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE SITE, YOU AGREE THAT THE LIABILITY OF ANY SUCH RELEASED PARTY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (A) THE TOTAL FEES THAT YOU PAID TO PTW IN THE PRIOR 12 MONTHS GIVING RISE TO THE LIABILITY OR (B) US$100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Reservation of Rights
PTW has no authorization to make any alterations in the client itinerary, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to clients any expenditure occasioned by delays or events beyond its control. In any case or dispute with the supplier, PTW has no control or liability to the client. All disputes must be handled directly with the supplier or operator.
You agree to be responsible for obtaining and maintaining all telephone, internet access, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
Distribution Limitations and Territorial Restrictions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PTW to any registration requirement within such jurisdiction or country. This Site is controlled and operated by PTW from its offices within the State of California, USA, and PTW makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by PTW. Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported in violation of United States export laws, including, without limitation, (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Modification and Termination
PTW reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that PTW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Private Trade Winds guards your privacy and security. Private Trade Winds, Inc. All rights reserved. CST #2088789-50.
Last Revised: July 29, 2016