YOUR CONTRACT IS WITH MJM CARIBBEAN

When you book with MJM Caribbean, you agree to the terms and conditions stated on this page. Please ensure that you read and understand these before booking your vacation.

1. Booking Conditions

These Booking Conditions set out the terms on which you contract with us and our obligations to you. No verbal discussions that take place can override or vary the terms of these Booking Conditions unless we confirm them in writing to you or your travel agent. It is important that you read these Booking Conditions carefully as you will be irrevocably bound by them when you contract with us.

2. Your Holiday Contract

When you make a booking you guarantee that you have the authority to accept and do accept these Booking Conditions on behalf of yourself and everyone in your party. The person in whose name the booking is made must be 18 or over. A contract will exist upon the issue of our confirmation to you or your travel agent. We will do our best to convey your special accommodation requests and other requirements but these are strictly at the discretion of the local party, and cannot be confirmed prior to departure and may be subject to surcharges payable locally. MJM Caribbean is not responsible if these special requests are not met. Finally we would like to mention that our services are valid for the departure airport. It is strongly recommended that you arrive early enough at the airport.

3. Holiday Price

We will require a deposit equivalent to 30% of the value of the holiday (land arrangement) at the time of booking, together with any applicable insurance premiums. The air tickets payment is due according to the Airlines rules and may be requested at the time of booking. If your booking is made through a travel agent, all monies paid to the travel agent are held by him on our behalf at all times. In case MJM Caribbean would not receive this deposit on time, MJM Caribbean can deny the holiday and ask for cancellation fees. 
The balance is due at MJM Caribbean 45 days prior to departure; immediately if you book within 45 days. We reserve the right to cancel your booking if not fully paid at due date. Your travel agent is responsible for ensuring that we receive full payment on time. Tickets on fully paid bookings will be sent to you or your Agent after receiving the balance. Due to specific requests from our partners, for the Christmas and New Year reservation period (between December 20th and January 02nd), final payment must be received by October 01st. In case of reservation within 45 days of departure, there may be extra charges for confirmation requested by hotels. All extra fees related to phones, faxes, telex and telegrams will be charged to you. If you like to reserve a land only package (no air), we will ask for a reservation charge of CHF 100 per person, maximum CHF200 per file.

4. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your booking arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible to do so. Any request for changes must be made in writing by the person in whose name the booking was made or personally to MJM Caribbean. This must be accompanied by the documents if they have been issued and a payment of CHF 200 per person, maximum CHF400 per file to cover our administration costs. You must also pay any costs and charges incurred or imposed by any of our suppliers in making the change requested.
AMENDING YOUR BOOKING WHILST ABROAD We regret that no credit or refund will be given for any unused services provided in the cost of your holiday. If you decide to alter your booking arrangements whilst abroad this is your own responsibility, not that of MJM Caribbean or the local supplier. Furthermore, if you need to come back earlier from your vacations, there will be no refund on the services unused. In case of emergency (sickness or accident), local supplier and MJM Caribbean will help you, as much as possible, to return home.

5. If You cancel Your Holiday

You, or any member of your party, may cancel your booking arrangement at any time. We must receive written notification from the person who made the booking (or your travel agent on your behalf) and the cancellation will not be effective until we receive such notification. Since we incur costs in cancelling your booking arrangements, you will have to pay the applicable cancellation charges as follows and the administration costs described in point 4.:
Period before departure date that written Instruction is received: Cancellation charge:
From the confirmation date - 31 days                        30%
30 - 15 days                                                             60%
14 -  8 days                                                              80%  
7  -  0 day(s) 30%                                                    100%

Other cancellation fees may apply for some of the land services and will be added to the cancellation charges appearing above. Furthermore, Air tickets have their own cancellation charges and are different than the one stated above. The cancellation notice mentionned on the invoice - which is a contract between MJM Caribbean and the client (or travel agent) - are the only one valid.

Any participant to a holiday that forgets its documents, does not present himself at the departure or too late is considered no show and must reimburse 100% of the holiday. For high season period (Christmas, Easter, special event, etc.) the following cancellation charges apply:
Period before departure date that written Instruction is received: Cancellation charge:
From the confirmation date - 31 days                        30%
30 - 15 days                                                            60%
14 - 08 day(s)                                                        100%

NB: If the reason for your cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges except the administration costs.

6. If We Change or Cancel Your Booking

It is unlikely that we will have to make any changes to your booking arrangements, but occasionally, we may have to make changes and we reserve the right do so at any time. Most of these changes are minor and we will advise you or your travel agent at the earliest possible date. We also reserve the right in any circumstances to cancel your booking, for example, if the minimum number of clients required for a particular booking arrangement is not reached, we may cancel it. 
Occasionally an advertised facility is either modified or not available. Sometimes even after confirming your booking, we may have to make changes to your holiday arrangements. Most changes will be minor, however, occasionally, we must make a major change to your holiday prior to your departure. Major changes include:

• change of destination 
• change of departure or return by more than 16 hours 
• change of accommodation standard 
• increase in your package tour cost by more than 10% 
• change of the routing requiring additional traveller identification or documentation without sufficient time to obtain this documentation before departure 
• if there is an error in published rates 
If we make a major change, we will advise you or your agent as soon as possible, and you may:
a. accept the change as offered
b. select an alternate vacation with MJM Caribbean as available and at the applicable price
c. cancel your vacation completely with a full refund of the price paid to MJM Caribbean

Sometimes the accommodation reserved is not available for reasons such as unexpected maintenance problems or overbooking, and a substitute hotel of equal or greater quality is provided. If the hotel standard is downgraded, a refund for any difference in price would be issued. We reserve the right to change published prices without notice or to pass on government-imposed taxes, transportation-related fees or surcharges including those for fuel or currency fluctuations to the traveller.

If we are unable to provide the booking arrangements that you have booked, you can have a refund of all monies paid or, if it is available, accept an offer of alternative booking arrangements of comparable standard from us (if it is of a lower standard, we will refund the any price difference). If it is necessary to cancel your booking arrangements, we will pay you the compensation set out below.

Flight timings and the airlines mentioned in this brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of a minor change include: alteration of your outward/return flights by less than 12 hours, changes of aircraft type, change of accommodation to another of the same standard. 
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. A major change comprises the (1) a change of departure airport (except between Gatwick, Stansted, Luton or Heathrow); (2) alteration of your outward/return flights by more than 12 hours; (3) changes of resort, or reduction in the standard of your accommodation. If a major changes occurs, you will have the choice of either: (a) accepting the new arrangements; (b) taking another holiday from us of comparable standard if available (we will refund any price if the alternative offered is of a lower value); or (c) cancelling your booking. In the case of (c) you will receive a full refund of all monies paid. Compensation as set out below will be payable in all cases where a major change occurs, unless the major change is due to reasons of force majeure.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Force majeure: This means that we will not pay you compensation if we have to cancel or change your booked holiday arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, but are not limited to, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, closure or congestion of airports, insolvency of airlines and all similar events beyond our control.

7. If You Have a Complaint

If you have a problem or any cause for complaint during your holiday, please report it immediately to the supplier (eg. the House Manager) so that he has an opportunity to resolve it. You must also notify us at MJM Caribbean immediately by email, phone or fax. We cannot accept any responsibility if you fail to notify us immediately as we would have been deprived of the opportunity to investigate. Should the matter not be resolved to your satisfaction a written complaint must be given to the local supplier and a claim must be made in writing to us within 30 days of your return.

8. Our Liability to You

MJM Caribbean makes arrangements with airlines, transfer operators, hotels & other independent parties to provide you with the travel services and other services you purchase. Although we take care in selecting these suppliers, they are independent parties and we have no control over them and, therefore, cannot be responsible for their acts or omissions. The travel services provided by the independent parties are subject to the conditions imposed by the independent parties and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements. 
MJM Caribbean shall not be responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the independent parties, their agents, servants, employees, subcontractors supplying any of the services herein or for any claims for such loss, damage, or injury, whether physical or mental, arising there from , or from any claim that arises by reason of any action or omission of any party other than MJM Caribbean. 
MJM Caribbean accepts responsibility for the proven acts or omissions of our staff, whilst acting within the scope of within the course of their employment, except where attributable to the fault of any member of your party, to an unconnected third party or to an event which MJM Caribbean or its supplier could not with due care have foreseen. MJM Caribbean cannot be held responsible for death, bodily injury or illness unless it is proven to be due to the negligence of its staff. Any compensation shall be limited to the price of the services purchased.

9. Conditions of Carriage

The Contractual terms of the companies that provide the transportation for your booking arrangements will apply to this contract. The Warsaw or Montreal Conventions propose standard regulations applicable to the International Air Transportation regarding passengers’ death, injuries, baggage or merchandises and flights delay. According to the convention signed by the different countries, one or the other of theses conventions apply.

10. Individual room

Please note that sometimes individual rooms do not have the same comfort than the double rooms, even though they are more expensive. The interior decoration can also be inferior at the double rooms and the location less attractive. The hotels offering several categories of rooms may not propose all these ones to person travelling alone.

11. Your responsibility

MJM Caribbean, upon request, can provide you with the information related to the documents needed to enter a country. However, it is your responsibility to ensure that you obtain any passports, visas, health certificates, international driving licences and other documents required for the holiday and to ensure that these are in order. We will not be liable for any loss you may suffer because of a failure to do this. Any of these problems resulting in the cancellation of the trip is subject to the cancellation penalties. Please, also note that for our destinations, we strongly recommend that you travel with a valid passport (valid at least 6 months beyond your return date).

You must arrive at the times and places stipulated for your departure and return. We will not be liable for any loss that you may suffer because of a failure to do so.

It is imperative and a strict condition of booking that you confirm your inbound flight details with the local office noted on your itinerary (not the airport authorities) not more than 48 hours and not less than 18 hours prior to the previously notified flight time. We can accept no liability if you fail to comply with this condition and, due to a flight change, miss your return flight.

Passengers booking connecting flights are advised to allow ample time (minimum 3 hours, preferably overnight) between the connecting flighs. All connecting flight reservations are made at the risk of the consumer who hereby agrees to assume the cost of any loss in the event of a change to the original flight schedule. MJM Caribbean cannot be held liable for damages or additional fees incurred by consumers owing to a missed flight connection.

We cannot be held responsible for sporting or other activities or optional tours sold locally, as these services are not operated byMJM Caribbean. Tours featured are all at extra charge, subject to change and availability. Mention in our suggestions or on this website does not imply our endorsement.

For our tailored package, we are the intermediary between you and the local services providers (car rental, hotels, airlines). Therefore, we cannot be held responsible for any problems, but we will help you in case of justify claims.

You are responsible of the choice of your holiday according to your health, physical status and capabilities. You are aware that some trips have a certain degree of risk (learning to sail, remote island). MJM Caribbean warn you that some accident risks, death, wounds or damage to your goods are possible. On some trips, MJM Caribbean will ask to sign a form . This form is to be signed before departure and by signing it, you assume the risks and MJM Caribbean shall not be responsible for any loss, damage or injury, whether physical or mental, or to property.

We cannot stress enough the importance of your taking out adequate holiday insurance against cancellation, unexpected curtailment of your holiday, medical expenses arising abroad, loss or damage to luggage and claims that may be brought against you. We have negotiated a special rate arranged with Elvia. If you decide to arrange your own insurance, we insist that you take out a comparable cover.

WARNING: We reserve the right to terminate your holiday with immediate effect, without notice, if your or your party's behaviour is disruptive in any way or causes or is likely to cause distress, danger or annoyance to themselves or any other person or damage to property or otherwise affects the enjoyment of other holidaymakers. The Captain of an aircraft has an absolute right to refuse boarding to any person, whose behaviour is likely to endanger the aircraft or who is unacceptably under the influence of alcohol or drugs. If you are denied boarding on your outward flight for this reason, we will treat this as cancellation by you and you will be liable to pay by way of cancellation charge 100% of the cost of your holiday. When you book with us, you accept liability for any damage caused by you or any member of your party and agree to indemnify us against all losses (including legal costs) that we may suffer as a result. Please note that you may be required to pay compensation immediately to whoever has suffered such damage. Furthermore, for denied entry in a country, all the subsequent charges (repatriation) are at your own expenses.

12. Your financial protection

MJM Caribbean is part of the “fond de garantie” of TPA. In the unlikely event of our insolvency, the TPA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the TPA website at www.tpa.ch

In case of dispute you have to first address yourself to the Ombudsman responsible for travels. He will try to find an acceptable solution for both parties involved. The address of the Ombudsman of the Swiss Federation of the travel agencies is: Ombudsman de la Fédération suisse des agences de voyages, C.P. 383, CH-8034 Zürich

The contract between us is governed by and construed in accordance with Swiss law and you agree to submit to the jurisdiction of the Swiss Courts in Geneva. We reserve the right, however, to take action against you in any other court of competent jurisdiction.

13. Organisation and technical management

MJM CARIBBEAN
26 rue des Charmilles
1203 Genève - Suisse
Tél/fax : +41 22 344 82 09
www.mjm-caraibes.com