Terms & Conditions
I. Applicability. These Terms and Conditions (these “Terms”) apply to the Joya de Costa Rica website located at www.joyadecostarica.com (the “Site”). The Site is the property of Jewel of the Caribbean LLC, Limitada, dba Joya de Costa Rica (the “Company”). By using or accessing the Site, you agree to these Terms.
II. Availability. The Company reserves the right to amend, modify, or remove content from the Site, suspend or terminate the operation of the Site, and deny access to any user for any reason and without notice.
III. Intellectual Property. You must assume that all marks, logos, sounds, art, graphics, images, texts, interfaces, and codes contained in the Site (the “Content”) is owned by, or licensed to, the Company. You may not use, copy, reproduce, post, display, distribute, or transmit any of the Content without the prior written consent of the Company.
IV. Use of the Site. You agree to the following:
a. You will not make any false or fraudulent inquiry, reservation, or request;
b. You will not take any action that may impose a disproportionately large burden on the Site’s infrastructure;
c. You will not interfere with the proper operation of the Site, with any transaction conducted on the Site, and with another person’s use of the Site;
d. You will not attempt to gain unauthorized access to the Site;
e. You will not use the Site or any Content in a manner prohibited by these Terms; and
f. You will not use the Site or any Content for any unlawful purpose.
V. Access. You have the right to access, update, and correct your information in the custody and control of the Company, subject to limitations prescribed by law. Please contact us to request access or update or correct your information.
a. Information Collection. The Company may collect the following information from you:
ii. contact information;
iii. emergency contact information;
iv. travel details (including your itinerary and preferences); and
v. payment information.
b. Information Use. The Company may use the foregoing information to make your reservation, plan your stay, contact you, process your payment, confirm your reservation, and provide service-related announcements.
c. Customer Service. When you contact the Company or one of its affiliates or service providers with a comment, question, or complaint, you may be asked to provide personal information to identify yourself along with additional information necessary to answer your question or respond to your comment or complaint. Such information may be used to improve the provision of services to you and the provision of services in general.
d. Social Media. The Company may offer you the opportunity to engage with the Company on or through third-party social networking websites, applications, and plug-ins. This may allow the Company to access information associated with your social networking accounts. The Company may use this information to personalize your experience on the Site and on the third-party social networking website, application, or plug-in.
e. Employment. The Company may advertise employment opportunities on the Site. You may provide the Company with information in connection with a job application. Such information may include your resume, cover letter, and other employment-related materials. Such information will be used to assess, process, and respond to your application for employment and will be a part of your employee file if you are hired.
f. Information Transfer. The Company will not sell your personal information except as an asset in connection with a merger, acquisition, or sale of all or part of the Company’s business; however, your information may be transferred to our affiliates and service providers or as required or permitted by law.
i. Sale of Business. The Company may transfer your information as an asset in connection with a merger, acquisition, or sale involving all or part of the Company in a reorganization or change in company control.
ii. Service Providers. Your information may be transferred to, or be accessed by, our affiliates and service providers that perform certain functions on the Company’s behalf. For example, the Company may use an affiliate or a service provider to process payments. The Company’s affiliates and service providers are given the information they need to perform their designated functions and are not authorized to use or disclose your information for their own marketing or other purposes.
iii. Required or Permitted by Law. The Company may disclose your information as required or permitted by law or in response to legal process.
g. Feedbacks, Reviews, Comments. In addition to the information described above, the Company may collect feedbacks, reviews, and comments from you to rate its performance and improve its services. Feedbacks, reviews, and comments are treated as non-confidential and non-proprietary. Your feedback, review, and comment may be read or used by other visitors to the Site. The Company may reproduce, transmit, disclose, publish, post, and broadcast your feedback, reviews, and comments. By providing the Company with feedback, reviews, or comments, you irrevocably assign and transfer to the Company, and the Company accepts, any intellectual property rights, including copyright, in and to the feedback, review, or comment and you waive any right to royalties and any compensation. However, the Company assumes no liability and takes no responsibility for the content of the feedback, reviews, and comments submitted by you or by other users and visitors to the Site. The Company reserves the right to decide whether or not to reproduce, transmit, disclose, publish, post, or broadcast a feedback, review, or comment. You will be solely responsible for any damages arising out of, or resulting from, any violation of law or right of any person resulting from your feedback, review, or comment.
VII. Deposits, Refunds, and Cancellations. Cancellations and refunds are subject to the Company’s Deposit, Refund, and Cancellation Policy. You may be asked for a deposit as stated in the Company’s Deposit, Refund, and Cancellation Policy.
IX. Links. The Site may provide links to external websites maintained by third-parties. Such websites are governed by their own terms and conditions and privacy policies. The links provided through the Site are not intended as an endorsement of, or a referral to, the linked website. The Company has no responsibility or liability for the operation of such linked websites.
X. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its members, managers, officers, directors, owners, employees, agents, and contractors from and against any and all claims, costs, demands, expenses (including reasonable attorney’s fees), liability, and losses arising out of, or resulting from, your use of the Site or your violation of these Terms.
XI. Disclaimer of Warranties. THE COMPANY PROVIDES THE SITE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE SITE FOR YOUR INTENDED USE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR ACCESS OR USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS RESULTING FROM YOUR ACCESS OR USE OF THE SITE. THE PROPERTIES, AMENITIES, PRICES, AND OTHER INFORMATION PUBLISHED ON THE SITE MAY CONTAIN INACCURACIES AND ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION ON THE SITE. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY INACCURACY OR ERROR IN PROPERTY AND AMENITY DESCRIPTION, PRICING, AND ANY OTHER INFORMATION PROVIDED ON THE SITE. THE COMPANY RESERVES THE RIGHT TO CORRECT ANY INACCURACY OR ERROR ON THE SITE AND ON ANY RESERVATION. IF SUCH A CORRECTION IS MADE, YOU WILL HAVE THE OPTION TO KEEP THE RESERVATION AT THE CORRECTED PRICE OR CANCEL THE RESERVATION WITHOUT PENALTY.
XII. Limitation on Liability.
a. THE COMPANY IS NOT LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGE WHATSOEVER INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF WARRANTY OR CONTRACT OR TORTIOUS ACTION (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ARISING FROM ANY OTHER CLAIM ARISING OUT OF, OR RESULTING FROM, YOUR ACCESS OR USE OF THE SITE.
b. BY OFFERING SERVICES LOCATED IN PARTICULAR LOCATIONS, THE COMPANY NEITHER REPRESENTS NOR WARRANTS THAT TRAVEL TO SUCH LOCATIONS IS ADVISABLE OR WITHOUT RISK. THE COMPANY SHALL NOT BE HELD LIABLE FOR DAMAGES OR LOSSESS THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RESULTING FROM, YOUR TRAVEL TO SUCH LOCATIONS WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
c. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DESPITE THE LIMITATION ABOVE, YOU AGREE THAT THE COMPANY’S LIABILITY TO YOU WILL NOT EXCEED THE TOTAL RELATED REVENUE PAID BY YOU TO THE COMPANY.
XIII. Modification and Termination. The Company may terminate, amend, or modify these Terms at any time by updating this webpage. Your continued use of the Site or the Company’s services after any amendment or modification of these Terms constitutes your acceptance of these Terms as amended or modified.
XIV. Severability. In the event any of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the same shall be deemed severable from the remainder of these Terms. Nothing in these Terms shall be construed so as to require the commission of any act contrary to law. Wherever there is any conflict between any provision these Terms and any statute, law, or ordinance, contrary to which neither you nor the Company have the legal right to contract, the latter shall prevail, but in such event the provisions of these Terms shall be curtailed and limited only to the extent necessary to bring them within legal limitations.
XV. Captions and Headings. Captions and headings contained herein are for convenient reference only and shall not affect the meaning or interpretation of these Terms.
XVI. Waiver. The waiver of the Company of any of these Terms shall not prevent the Company from later insisting upon full performance of any such term or condition. No modification, termination, or attempted waiver enforceable against the Company shall be valid unless in writing and signed by a duly authorized agent of the Company.
XVII. Governing Law and Venue. These Terms shall be governed by the laws of the State of California notwithstanding any conflicts of law provisions to the contrary. The venue shall be Los Angeles County, California.
XVIII. The Digital Millennium Copyright Act of 1998. If you believe that material appearing on the Site infringes your copyright, you may send the Company a notice requesting that the material be removed or access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, you may send the Company a counter-notice. Notices and counter-notices must meet statutory requirements imposed by applicable law and should be provided in writing.
XIX. Contact Us. For questions and concerns, please contact us.