INTRODUCTION
Welcome to Oceans Holiday Getaways's website! These Terms of Use ("Terms") govern your use of our website and all its associated services, features, content, and functionalities (collectively, the "Services"). By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using our website.
These Terms apply to all users of our website, including but not limited to visitors, customers, and any other individuals who access or use our Services. Please read these Terms carefully before using our website. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
If you have any questions about these Terms or our Services, please contact us at [email protected]. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website after any changes to these Terms will constitute your acceptance of such changes.
ACCEPTANCE OF TERMS
By accessing or using Oceans Holiday Getaways's website www.oceansholidaygetaways.com, you agree to be bound by these Terms of Use (Our Terms and Conditions) and any future updates or modifications to these Terms. If you do not agree to these Terms, please refrain from accessing or using our website.
These Terms govern your use of our website and all its associated services, features, content, and functionalities (collectively, the "Services and products"). This includes but is not limited to browsing our website, making bookings, accessing information, and interacting with other users.
You acknowledge and agree that your continued use of our website after any updates or modifications to these Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically to stay informed of any updates.
If you do not agree to any new terms or modifications to these Terms, your sole recourse is to discontinue your use of our Website. We reserve the right to update, modify, or replace these Terms at any time without prior notice. Your continued use of our website following the posting of any changes to these Terms constitutes acceptance of those changes.
DESCRIPTION OF SERVICES:
Holiday Packages
Group Travel Planning
Flight Booking
Hotel Accommodation
24/7 Customer Support
Corporate Travel Management
Shuttle Services
USER ACCOUNTS
Account Creation: To access certain features of our website and utilize our Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the account registration process and to update such information promptly if there are any changes.
Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Age Restrictions: By creating an account and using our Website, you affirm that you are of legal age to enter into these Terms and that you meet any age restrictions imposed by applicable laws in your jurisdiction. If you are under the age of 18, you may only use our Website with the involvement and consent of a parent or guardian.
Account Termination: We reserve the right to suspend or terminate your account and access to our Website or Services if we believe that you have violated these Terms or engaged in any fraudulent, abusive, or illegal activities. You may also choose to deactivate or delete your account at any time by contacting us.
Third-Party Accounts: You may have the option to register or log in to your account using third-party services such as social media platforms. By doing so, you authorize us to access and use certain information from your third-party account as permitted by the terms of that service.
Account Responsibility: You are solely responsible for all activities that occur under your account, whether authorized by you or not. You agree to indemnify and hold harmless Oceans Holiday Getaways from any claims, damages, or losses arising out of or related to the use of your account or any breach of these Terms.
BOOKING AND PAYMENT
Booking Process: To book travel services through our website, please contact our official WhatsApp line or email. Our experienced team will assist you in customizing your trip to your preferences and requirements.
Confirmation: Upon finalizing your travel arrangements with our team, you will receive a booking confirmation via email or WhatsApp message. Please review the details carefully and notify us of any discrepancies or changes as soon as possible.
Payment Methods: We accept various payment methods, including bank transfers, credit/debit cards, and mobile payment platforms. Please note that all payments are processed securely through trusted payment gateways.
Pricing: Prices quoted for our travel packages are subject to availability and may vary depending on factors such as seasonality, accommodation choices, and transportation options.
Booking Fee: To secure your trip, a non-refundable booking fee is required. This fee guarantees your reservation and ensures the availability of the selected services. The remaining balance of the quoted trip cost can be paid gradually, with the final payment due and payable 60 days before your departure date.
Refunds and Cancellations: Refunds for cancellations are subject to our cancellation policy. Please note that refunds may take up to 12 weeks to process, depending on third party terms and conditions, the payment method and banking institutions involved. We advise you to review our cancellation policy carefully before confirming your booking.
Exclusions: Our travel deals may exclude certain fees and expenses, including but not limited to:
Visa fees
Value-added tax (VAT), which may be charged on the quoted price
Environment fees per stay
City tax, if applicable
Insurance and/or medical aid
Additional activities and costs not included in the package
Additional Services: If you wish to add extra activities or services to your travel itinerary, please inform our team, and we will be happy to assist you in arranging them for an additional fee.
INTELLECTUAL PROPERTY
Ownership: All content, including but not limited to text, graphics, logos, images, audio clips, and software, available on our website is the intellectual property of Oceans HolidayGetaways and/or our partners, affiliates, or licensors, as applicable. This content is protected by copyright, trademark, and other intellectual property laws.
Trademarks: All trademarks, service marks, trade names, and logos displayed on our website are the property of OceansHoliday Getaways or third-party owners. You are not permitted to use these marks without the prior written consent of their respective owners.
Copyrights: The content on our website is protected by copyright laws, and any unauthorized use, reproduction, or distribution of this content is strictly prohibited. You may only use the content for personal, non-commercial purposes and must obtain written permission from us for any other use.
User-Generated Content: Any content submitted or uploaded by users, including reviews, comments, or other contributions, becomes the property of Oceans HolidayGetaways. By submitting content to our website, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, adapt, reproduce, distribute, and display such content in any form or medium.
Third-Party Content: Our website may contain links to third-party websites or resources. We do not endorse or assume any responsibility for the content, products, or services provided by these third parties. Any use of third-party content is at your own risk and subject to the terms and conditions of those websites.
Reporting Copyright Infringement: If you believe that your intellectual property rights have been infringed upon by any content on our website, please contact us immediately at [email protected]">[email protected] with detailed information, and we will take appropriate action.
PRIVACY POLICY
Oceans Holiday Getaways ("we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy explains how we collect, use, and protect the information we collect from users ("you" or "your") of our website and services.
Information We Collect
i. We may collect various types of personal information from you, including but not limited to:ii. Contact information (such as name, email address, phone number)iii. Demographic information (such as age, gender, nationality)iv. Payment information (such as credit card details)v. Travel preferences and interestsvi. Location datavii. Communication preferencesviii. User-generated content (such as reviews or comments)ix. We collect this information when you:x. Create an account on our websitexi. Make a booking or reservationxii. Subscribe to our newsletter or marketing communicationsxiii. Participate in surveys, contests, or promotionsxiv. Contact us for customer support or inquiriesxv. How We Use Your Informationxvi. We may use the personal information we collect for various purposes, including:xvii. Providing and personalizing our servicesxviii. Processing bookings and paymentsxix. Communicating with you about your bookings, inquiries, or accountxx. Sending you marketing communications, promotions, or newslettersxxi. Conducting research and analysis to improve our servicesxxii. Complying with legal obligations
How We Protect Your Information
We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction. These measures include:
i. Secure transmission of data using encryption protocols (e.g., SSL)ii. Access controls and authentication mechanisms to limit access to personal informationiii. Regular security assessments and audits of our systems and processesiv. Training our staff on data protection and privacy best practices
Sharing Your Information
We may share your personal information with third parties in the following circumstances:
With service providers and partners who assist us in providing our services (e.g., payment processors, accommodation providers)
With third parties as required by law or to protect our legal rights
With your consent or at your direction
Your Rights and Choices
You have certain rights regarding your personal information, including the right to:
i. Access and review your personal informationii. Update or correct inaccuracies in your personal informationiii. Object to the processing of your personal informationiv. Delete your personal information, subject to legal obligations or legitimate interests
Data Clearance
You may request the clearance of your personal data from our website. The process of clearing your data will take no less than 30 days. After your data has been cleared, a notification will be sent to you via email. Please note that upon clearance of your data, we will delete it from our systems and backups.
Data Retention
We will retain your personal data for 4 years after providing you with our services unless you request data clearance. After this period, your data will be securely deleted from our systems and backups, and you will not be able to request its retrieval.
International Data Transfers
Your personal information may be transferred to and processed in countries outside of your own, where data protection laws may differ. By using our services, you consent to the transfer of your personal information to such countries.
Children's Privacy
Our services are not intended for children under the age of 16, and we do not knowingly collect personal information from children. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes to this Privacy Policy by posting the updated version on our website or by other means as required by law.
Additional Information
For residents of the European Economic Area (EEA), please note that we process your personal information by the General Data Protection Regulation (GDPR). For residents of Lesotho, our data processing practices comply with the Privacy Act of Lesotho.
ANTI-MONEY LAUNDERING (AML) AND POLICY AGAINST FINANCING OF TERRORISM
At Oceans Holiday Getaways, we are committed to upholding the highest standards of integrity, transparency, and compliance with anti-money laundering (AML) and counter-financing of terrorism (CFT) regulations. Our AML/CFT policy is designed to prevent our services from being used for illicit purposes and to ensure that we conduct business ethically and responsibly. Below is an overview of our AML/CFT policy:
Compliance Framework:
We adhere to all applicable laws, regulations, and guidelines related to AML/CFT, including but not limited to those issued by regulatory authorities in the jurisdictions where we operate.
Our AML/CFT compliance framework is regularly reviewed and updated to reflect changes in laws, regulations, and best practices.
Customer Due Diligence (CDD):
We conduct thorough customer due diligence on all clients to verify their identities, assess the nature of their business, and understand the source of their funds.
Enhanced due diligence measures are applied to clients who present a higher risk of money laundering or terrorism financing, including politically exposed persons (PEPs) and high-risk jurisdictions.
Transaction Monitoring:
We employ robust transaction monitoring systems to detect and report suspicious activities, including unusual transactions, large cash transactions, and transactions involving high-risk individuals or entities.
Our compliance team conducts ongoing monitoring of client transactions to identify any anomalies or red flags that may indicate potential money laundering or terrorism financing activities.
Reporting Obligations:
We have procedures in place for reporting suspicious transactions to the relevant authorities, including financial intelligence unit (FIU) and law enforcement agencies, in accordance with local regulations.
Our staff are trained to recognize and escalate any suspicious activities promptly, ensuring that appropriate action is taken to mitigate risks and prevent harm.
Training and Awareness:
All employees undergo regular training on AML/CFT laws, regulations, and procedures to ensure they have the knowledge and skills necessary to fulfill their obligations effectively.
We promote a culture of compliance and integrity throughout our organization, encouraging employees to report any concerns or suspicions they may have regarding potential AML/CFT risks.
Record Keeping:
We maintain comprehensive records of customer due diligence, transaction records, and AML/CFT compliance activities in accordance with regulatory requirements.
These records are securely stored and made available to regulatory authorities upon request.
Risk Assessment:
We conduct periodic risk assessments to identify and assess the inherent risks of money laundering and terrorism financing associated with our business activities.
Based on the results of these assessments, we implement appropriate risk mitigation measures to address identified vulnerabilities and enhance our overall AML/CFT compliance program.
Non-Tolerance Policy:
Oceans Holiday Getaways has a zero-tolerance policy towards money laundering, terrorism financing, and other illicit activities.
We reserve the right to refuse services to any individual or entity suspected of engaging in or facilitating such activities, and we will cooperate fully with law enforcement authorities in any investigations or prosecutions.
LIABILITY AND DISCLAIMERS
Limitation of Liability: Oceans Holiday Getaways and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
i. Loss of profits, revenue, or dataii. Business interruptioniii. Loss of goodwill or reputationiv. Personal injury or property damagev. Any other tangible or intangible losses
Disclaimer of Warranties:
Accuracy of Information: While we strive to provide accurate and up-to-date information on our website, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.
Third-Party Services: We do not warrant or endorse the offerings of any third-party service providers, including but not limited to accommodation providers, transportation companies, tour operators, or other travel-related businesses. Any transactions or interactions with third-party services are solely between you and the third party, and we disclaim any responsibility or liability for their actions, products, or services.
Indemnification: You agree to indemnify, defend, and hold harmless Oceans Holiday Getaways and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
i. Your use or misuse of our website or servicesii. Your violation of these Terms of Useiii. Your violation of any rights of another partyiv. Any content you submit, post, or transmit on or through our website
No Guarantees: We do not guarantee the availability, accuracy, or reliability of our website, services, or any content therein. We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without notice.
Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms of Use if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
No Waiver: Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired
USER CONDUCT
Compliance with Laws: You agree to comply with all applicable laws, regulations, and ordinances when using our website and services. This includes but is not limited to, laws related to privacy, intellectual property, data protection, Anti Money Laundering and Financing of Terrorism and consumer rights.
Prohibited Activities: You are prohibited from engaging in any of the following activities when using our website and services:
i. Violating any applicable laws or regulationsii. Posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable contentiii. Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entityiv. Uploading, posting, or transmitting any content that infringes upon the rights of others, including copyrights, trademarks, privacy rights, or publicity rightsv. Engaging in spamming, phishing, or other unauthorized or unsolicited advertising or promotional activitiesvi. Interfering with or disrupting the operation of our website or services, or attempting to gain unauthorized access to our systems or networksvii. Using any automated means, such as robots, spiders, or scrapers, to access or collect information from our website without our prior written consentviii. Engaging in any activity that could damage, disable, overburden, or impair our website or services, or interfere with any other party's use and enjoyment of our website or services
User Accounts: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
Third-Party Content: Our website may contain links to third-party websites or resources. We do not endorse or assume any responsibility for the content, products, or services provided by these third parties. Any use of third-party content is at your own risk and subject to the terms and conditions of those websites.
Reporting Violations: If you become aware of any violations of these User Conduct guidelines or our Terms of Use, please report them to us immediately at [email protected].
Consequences of Violations: We reserve the right to take appropriate action, including but not limited to suspending or terminating your account and restricting your access to our website and services if we believe that you have violated these User Conduct guidelines or our Terms of Use.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: These Terms of Use and any disputes arising out of or related to your use of our website and services shall be governed by and construed in accordance with the laws of the Kingdom of Lesotho.
Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the breach, termination, or validity thereof, shall be settled by arbitration and mediation in accordance with the laws of Lesotho.
Arbitration and Mediation: The parties agree to submit any dispute to arbitration and mediation before pursuing litigation. The arbitration and mediation proceedings shall be conducted in accordance with the Arbitration Act of Lesotho and any applicable mediation laws.
Appointment of Arbitrator and Mediator: The parties shall mutually appoint an arbitrator and mediator from a list of three legal practitioners nominated by the Law Society of Lesotho, who have been practising as such in Lesotho for over three years. If the parties are unable to agree on the appointment of an arbitrator and mediator, the appointing authority shall be the Law Society of Lesotho.
Waiver of Class Action: You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class, collective, or representative action. You waive any right to participate in any class, collective, or representative proceeding.
Final Decision: The decision of the arbitrator shall be final and binding on the parties, subject to review by the courts of Lesotho only on procedural improprieties, if any.
Costs: Each party shall bear its own costs of arbitration and mediation, including legal fees and expenses unless otherwise awarded by the arbitrator, the court or agreed upon by the parties.
Jurisdiction: The courts of Lesotho shall have exclusive jurisdiction over any disputes arising out of or related to these Terms of Use, including any arbitration and mediation proceedings.
Severability: If any provision of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected or impaired.
Right to Update: We reserve the right to update, modify, or amend these Terms of Use at any time without prior notice. Any changes or modifications will be effective immediately upon posting the updated Terms on our website. Your continued use of our website and services after any such changes constitutes your acceptance of the updated Terms.
Notification of Changes: We may notify you of changes to these Terms through various means, including but not limited to:
i. Posting a notice on our websiteii. Sending an email to the email address associated with your accountiii. Displaying a prominent notice or alert on our websiteiv. Notifying you through our mobile app or other communication channels
Updates Notification Preferences
At Oceans Holiday Getaways, we value transparency and keeping our users informed about any changes to our policies or terms of service. To ensure that you stay up-to-date with important updates, you can choose your notification preferences below:
i. Email Updates: Receive email notifications about changes to our Terms of Use, Privacy Policy, or other important policies. We'll send you timely updates with clear explanations of the changes and how they may impact you.ii. Mobile Notifications: Opt-in to receive push notifications on your mobile device for immediate alerts about policy updates. Stay informed even when you're on the go and never miss an important change.iii. Website Alerts: Receive alerts directly on our website when you log in. Stay informed about any changes the moment you visit our site, ensuring that you're always aware of our latest policies.iv. Monthly Newsletter: Subscribe to our monthly newsletter to receive a summary of all updates and important announcements. Stay informed about policy changes, new services, and exciting travel deals delivered right to your inbox.v. Review of Terms: It is your responsibility to review these Terms periodically to stay informed of any updates or modifications. You can check the "Last Updated" date at the top of these Terms to see when they were last revised.vi. Opting Out: If you do not agree with any changes to these Terms, you may choose to discontinue your use of our website and services. Your continued use of our website after the effective date of any changes indicates your acceptance of the updated Terms.
Contact Us: If you have any questions or concerns about these Terms of Use or any changes thereto, please contact us at [email protected]. We will make reasonable efforts to address your inquiries promptly.
TERMINATION
Termination by Oceans Holiday Getaways: We reserve the right to suspend or terminate your account and access to our website and services at any time and for any reason, including but not limited to:
i. Violation of these Terms of Use or any other policies or guidelines posted on our websiteii. Engaging in fraudulent or illegal activitiesiii. Abuse or harassment of other users or our staffiv. Any conduct that we believe is harmful to our business or reputationv. Failure to pay any fees or charges owed to us
Notice of Termination: In the event of termination of your account, we may provide you with notice via email or other means of communication associated with your account. Such notice may include the reason for termination and any actions you can take to remedy the situation, if applicable.
Right to Appeal: If your account is terminated, you may have the right to appeal the decision by contacting us at [email protected]. We will review your appeal and consider reinstating your account if appropriate.
Procedure for User Termination: If you wish to cancel or terminate your account with us, please contact us at [email protected] or follow the instructions provided on our website. Your request for termination will be processed in accordance with our policies and procedures.
Effect of Termination: Upon termination of your account, you will no longer have access to our website and services, including any content or information associated with your account. Any outstanding fees or charges owed to us shall become immediately due and payable.
Survival of Provisions: The termination of these Terms of Use shall not affect any provisions that by their nature should survive termination, including but not limited to the sections on Intellectual Property, Liability and Disclaimers, and Governing Law and Dispute Resolution.
