TERMS

2. Trade Customers liability

The Trade Customer agrees to indemnify, defend at its own expense and hold harmless Ocean Holidays from any and all liabilities, costs, expenses, damages and losses (including, but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) arising directly or indirectly from the Trade Customer’s breach or negligent performance or non-performance of this Agreement, or any breach of tort (including but not limited to negligence), or any claims arising out of the Bookings and/or any customer claims (including but not limited to claims for death or personal injury), or any negligent performance or non-performance on the part of the property management companies.

The Trade Customer shall maintain adequate public liability/tour operators’ liability insurance for the duration of this Agreement. Ocean Holidays reserves the right to request a copy of the insurances held by the Trade Customer at any time during the period of this Agreement.

The Trade Customer agrees to comply with any regulatory requirements and/or government approvals and/or trade body regulations in force, and as amended from time to time, required to carry on business, including but not limited to, the ATOL Regulations 2012, the Package Travel Regulations 1992 and the ABTA Code of Conduct (if applicable).

3. Ocean Holidays’ liability

If, in Ocean Holidays’ opinion, the Trade Customer has provided sufficient proof to demonstrate that Ocean Holidays has failed to book the Accommodation Arrangements correctly, Ocean Holidays shall assist the Trade Customer to rectify the error and may pay compensation. Any compensation payable will be determined by Ocean Holidays on a case by case basis and will be limited to the cost of the Accommodation Arrangements in question.

4. Ocean Holidays will not be responsible: -

(a) where the Accommodation Arrangements cannot be provided or cannot be provided as described due to circumstances beyond Ocean Holidays’ or the property management companies’ control;

(b) for unforeseeable or consequential losses;

(c) for any information about the accommodation that Ocean Holidays passes on to the Trade Customer in good faith which the Trade Customer fails to act upon or advise their client.

5. Amendments and Cancellations made by Ocean Holidays

If Ocean Holidays makes a major change or cancels the Accommodation Arrangements, directly or on behalf of the property management companies, and provided there is sufficient time to do so prior to the commencement of the Accommodation Arrangements, Ocean Holidays will offer the choice of:

i) accepting the alternative Accommodation Arrangement presented; or

ii) receiving a refund of all monies paid in respect of the changed or cancelled Accommodation Arrangement; or

iii) accepting an offer of alternative Accommodation Arrangements of a standard comparable to the Accommodation Arrangements booked, if available.

For the avoidance of doubt, “major changes” are described as changes made prior to the commencement of the Accommodation Arrangements in the following circumstances. All other changes will be considered “minor changes”:

i) a change of accommodation area for the whole or a significant part of the duration of the Accommodation Arrangements occurs; and/or

ii) a change of accommodation to that of a lower standard or classification for the whole or a significant part of the duration of the Accommodation Arrangements occurs.

The above sets out the maximum extent of Ocean Holidays’ liability for changes and cancellations. Ocean Holidays cannot meet any claims for expenses or losses incurred as a result of any change or cancellation.

Where Ocean Holidays notifies a Trade Customer about an amendment to Accommodation Arrangements, the Trade Customer must immediately inform the lead client of the amendment. The Trade Customer agrees to ensure that any instruction given by Ocean Holidays is provided to the lead client.

6. Amendments and Cancellations made by Trade Customer

Ocean Holidays will only act upon any cancellation and/or amendment requests made by Trade Customers subject to such requests being made in writing.

Unless superseded by commercial terms all cancellation requests within 30 days of departure will be at full cost.

All amendments remain subject to availability.

7. Errors Made by Trade Customer during the Booking Process

In the event that any errors or omissions are made by the Trade Customer or its Clients, the Trade Customer is required to immediately notify Ocean Holidays in writing within 24 hours of the error being made. Ocean Holidays will attempt to make the necessary amendments to the Accommodation Arrangements which shall remain subject to availability and cannot be guaranteed.

Any amendments to Accommodation Arrangements where an error or omission has occurred will be subject to Agreement of the property management company in question, subject to availability and subject to charge in accordance with your commercial terms.

8. Circumstances beyond our control

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

9. Pricing and Payment terms

Both parties agree that the services provided by Ocean Holidays to the Trade Customer will be subject to pricing in accordance with the rates on oceanbeds.com or via our XML.

Payment is required to be paid to Ocean Holidays on a monthly basis. Upon receipt of any invoice payment is required within 10 days. Full payment terms are detailed in your commercial terms.

Where payment is made by the Trade Customer to Ocean Holidays the Trade Customer will be liable to pay any bank charges or fees linked to the payment.

In the event of late payment Ocean Holidays reserves the right to cancel the Accommodation Arrangements in question.

10. Special Requirements

We are happy to advise and assist you in choosing a suitable accommodation for your client. As some Travel Arrangements may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc., it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. We accept no liability if we are not advised of any special requirements your client has before a booking is completed. In the event that we are advised of a special requirement after a booking has been completed the booking may be subject to additional charges to make the required arrangements.

11. Requests

The Trade Customer accepts that ‘requests’ are not guaranteed and therefore must inform their Clients that a request cannot be guaranteed, remains subject to availability and at the discretion of the property management company in question.

All ‘requests’ must be made in writing to Ocean Holidays in a prompt manner and must be accurately detailed.

12. Online Portal/Registration

All clients residing in a villa/condo or town home will be required to pay a compulsory guest registration fee, which is payable via our online portal (https://oceanbeds.com/register). If this is not paid before arrival in resort the client will be asked to pay the fee locally. The fee covers any accidental damages up to the value of $1000.