Barkota Terms & Conditions

1.USE OF SITE – BARKOTA grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of BARKOTA, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.

You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of BARKOTA.

You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that BARKOTA deems in its sole discretion to be unreasonable or disproportionate to the benefits BARKOTA obtains from your use of the site.

Unauthorized use of this site and/or the materials contained on this site violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.

You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

2.RESPONSIBILITY – If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

3.REVIEW OF TRANSMISSIONS – BARKOTA may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that BARKOTA deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant BARKOTA and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. BARKOTA takes no responsibility and assumes no liability for any content posted or submitted by you.

4.EXCLUSION OF WARRANTY – BARKOTA and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an “As Is” basis. BARKOTA and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for or a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Because of its nature, neither BARKOTA nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from BARKOTA are free of viruses or other harmful components.

5.LIMITATION OF LIABILITY – While we attempt to ensure that the information available on the web site is accurate, we cannot guarantee that it will always be fault free. We endeavor to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions. BARKOTA assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, date, text or images from the site. In no event shall BARKOTA or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (Including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (I) Any use of this site or content found herein, (II) Any failure or delay (Including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), Or (III) The performance or non-performance by BARKOTA or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, BARKOTA or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the ticket price or (b) Five Thousand Pesos, (P5,000.00). In its sole discretion, in addition to any other rights or remedies available to BARKOTA and without any liability whatsoever, BARKOTA at any time and without notice may terminate or restrict your access to any component of this site.

6.INDEMNIFICATION – You shall defend and indemnify BARKOTA and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

7.LINKS– This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by BARKOTA, its third party providers or distributors of the contents of such other Web sites. None of BARKOTA or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

8.RELATIONSHIP – The relationship between BARKOTA and you will be that of independent contractors, and neither of us nor any of our respective officers, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

9.INJUNCTIVE RELIEF – You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to BARKOTA as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BARKOTA shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by BARKOTA in obtaining such an injunction, including, without limitation, reasonable solicitors fees. You agree that no bond or other security shall be required in connection with such injunction.

10.TERMINATION – BARKOTA may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which BARKOTA and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to BARKOTA and its third party providers or distributors, as applicable.

11.ASSIGNMENT – You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

12.MODIFICATION – BARKOTA may at any time modify these terms of use and your continued use of this site will be conditioned upon the terms of use in force at the time of your use.

13.BOOKING CONDITIONS – When you purchase products from this site, you are agreeing to the applicable BARKOTA’s, and the concerned operator’s, Terms and Conditions (including cancellation and amendment penalties) and you must read them before continuing with your booking.

14.SEPARABILITY CLAUSE – If any provision (or part of a provision) herein is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part shall, to the extent required, be deemed not to form part of this agreement with you and the validity and enforceability of the other provisions shall not be affected.

15.ENTIRE AGREEMENT – This agreement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

BARKOTA ONLINE BOOKING CONDITIONS

PLEASE READ THE FOLLOWING BOOKING CONDITIONS CAREFULLY BEFORE USING THIS SITE.

This site (the ‘Site’) allows you to book journeys. The Site is owned and operated by BARKOTA (referred to in these Booking Conditions as ‘we’ or the ‘Company’). We do not ourselves operate any ferry services and any booking that you make through our Site (or our ticket outlets) for ferry are made subject to these Booking Conditions, and also to the terms of the operators of the ferry services.

1. APPLICATION

These Booking Conditions apply to all passenger bookings made for ferry journeys, through this Site or through our mobile booking app, and replace all previous conditions. ‘You’ means the person making the booking, and each of the people for whom the booking is made, through this Site or our ticket outlets, is referred to in these Booking Conditions as a ‘Customer’. You might (but need not be) a Customer. In these Booking Conditions, we use the term ‘Services’ to mean the services offered by us, which comprises displaying potential ferry options to you, and connecting you to third party operators of ferry services.

2. PARTIES

These Booking Conditions apply to our Services.

Your booking for ferry forms a contract with us, as well as a contract with the ferry operator (each is an ‘Operator’), whose terms (the ‘Operator Terms’) are made available to you before any booking is completed, and which you also accept when a booking is made. You are responsible for familiarising yourself with the Operator Terms, which apply to your booking. In the event of any conflict or inconsistency between these Booking Conditions and the Operator Terms, the Operator Terms prevail.

It is very important that you and each Customer understands that we operate this Site, and that the Operator is responsible for all journeys made on their ferry service.

We may change these Booking Conditions from time to time, but any changes will not apply to any bookings that you have already made. You should save the Booking Conditions that apply when making a booking so that you can refer to them at a later date.

The person who makes a booking using this Site or our mobile booking app must have authority to make any booking on behalf of any other Customers. The person who makes a booking is responsible for his or her activities on our Site, and safeguarding any personal information provided, including names, contact and travel details. The person who makes the booking must ensure that all information provided by him or her is complete and accurate.

3. FARES AND GENERAL INFORMATION

Fares are based on vessel type (if any), the number of passengers, route(s), travel dates and times. Your booking may require Customers to depart and/or return at or within specified dates and times. If Customers do not adhere to such specified dates and times, they may be refused travel and/or have their booking specification and accommodation changed, and/or be subject to additional charges. In particular, the benefit of any promotional rates may be lost and full fares charged.

Vehicle and passenger space and on-board accommodation are subject to availability and may not always be available. Promotional fares are subject to additional special conditions including a general condition that if any portion of the itinerary is not used, we or the operator reserves the right to apply additional charges to you. We have the right to vary all displayed fares including where Operators change their fares (including, but not limited to, for reasons of currency fluctuations, oil prices, changes in law) at any time until a booking is confirmed.

Items such as roof boxes/bike racks or any other items attached to a vehicle not forming part of the vehicle body will be charged an additional fee.

Not all of the Operators have facilities to accept bookings for people with special needs.  Inquiries should be made at the time of booking whether the operator has the facilities that any Customer requires.

4. DEPARTURE SCHEDULES

All departure/arrival times are estimated by the Operator and are given as local times – please refer to your booking confirmation for details. You are advised to check with the Operator for any changes prior to commencing your journey. Sailing schedules may be interrupted and/or extended or cancelled due to adverse weather conditions and/or tidal conditions and/or other circumstances.

It may be necessary to use alternative ships or points of departure or arrival on any sailing or to change/withdraw the facilities/services available for various operational, technical or scheduling reasons.

We do not accept liability howsoever arising for any costs or inconvenience caused as a result of such circumstances, but we will try to notify you, if practical, using the contact details provided by you at the time of booking. The Operator Terms apply to any liability of the Operator in such circumstances.

5. ANIMALS

The carriage of animals is only permitted if the Customer notifies us before making the booking. Any such carriage must be in accordance with any relevant legal requirements and the requirements of the Operator. A charge may be made for the carriage of any animals, and further conditions may be imposed. Please seek advice from your vet or the appropriate authority before making a booking. You are legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permission.

6. FREIGHT AND COMMERCIAL PASSENGER VEHICLES

Special conditions and tariffs apply to the carriage of freight and commercial passenger vehicles. The definition of what constitutes a freight vehicle and whether any special tariff applies is determined by the Operator in each case.  For further information on freight tariffs and rates, please contact the shipping company directly through the numbers provided on this link: https://www.barkota.com/faq

In the event that the vehicle is booked as a car or private vehicle, but is found to be a commercial passenger vehicle the full tariff will be charged and/or carriage will be refused without refund.

7. HAZARDOUS MATERIALS

Neither the Company nor the Operator will accept bookings for vehicles that are carrying dangerous or hazardous materials, including in certain circumstances vehicles powered by LPG. In certain circumstances written permission may be obtained from the Operator, but such permission may be subject to additional charges and conditions. You are responsible to the Operator for the carriage of such materials, whether declared or undeclared. In the event that you seek to carry undeclared dangerous/hazardous materials, carriage may be refused without refund.

8. CONFIRMATION AND PAYMENT

Unless you have set up a credit account with us, you must pay for each booking at the time of booking, before a confirmation is issued.

When you contact the Company to make a booking, and have made full payment for all Customers covered by the booking, we will issue a confirmation advice note that sets out the details of your reservation and provides other information on the basis of the information that you have provided. If you have not received that email from us within 24 hours of you making the booking, you should contact our customer services team.

You agree that the data that we store in our information systems (or those of our service providers) constitutes proof of your booking and its details. Depending on the type of ticket selected and the number of passengers (and consequently the value of the ticket), a minimum booking fee may be added to the cost of the ticket.

The contract between us and you is formed once details have been confirmed to you either by electronic confirmation via our Site or by email or telephone or fax. Either we or the Operator will issue you with an electronic ticket, or we or the Operator will email a ticket to you for your travel.

9. CANCELLATION

If the ticket purchased permits cancellation then the booking may be cancelled and refunded subject to these Booking Conditions and the Operator Terms.

As a minimum, we will charge you a cancellation fee plus any charges levied by the Operator.  Promotional or special offer tickets may not be refundable and you should check with us at the time of booking whether additional conditions are attached to your ticket that may result in no refund being available. Any payment card charges applied to bookings are not refundable. Any deposit payments for bookings are not refundable. If the Customer does not undertake the ferry journey for which the Booking is made, refunds will only be made to you in accordance with the relevant Operator Terms.

10. AMENDMENT FEES

You may only make an amendment to a Booking at the Operator’s discretion. Some bookings may be subject to an amendment fee plus any difference between the fare that you booked and the new fare.

Some bookings, such as promotional or special fares, cannot be amended, and you should check with the Company at the time of booking whether your booking can be amended, or not.

11. CHECK IN

Latest check-in times are as stated during the booking process and also on the booking confirmation. If a Customer is not ready to board the ferry by the latest check-in time, boarding cannot be guaranteed as waiting lists may have been accepted. If a Customer has special requirements, or has received our permission to carry animals or dangerous goods, generally that Customer is expected to check in earlier as stated on the booking confirmation.

The Operator has absolute discretion as to whether or not to accept any passenger, their vehicle or luggage on board. Each Customer must have all the necessary travel documents and/or documents pertaining to the new normal travel requirements needed for boarding. You are responsible for ensuring that the name on each Customer’s identification card  matches the name on the ticket, otherwise the Customer may not be able to travel and any travel insurance may be invalid. If any Customer changes his or her name between the date of the booking and the date of travel (for example, following marriage), you must notify us before the date of travel.

12. YOUR RESPONSIBILITY

You are responsible to the Company and the Operator for fully complying with these Booking Conditions and any additional requirements imposed by the operator or by law. You are also responsible for providing full and accurate information about your booking, including the vehicle and passengers.

13. EVENTS BEYOND THE PARTIES’ REASONABLE CONTROL

If an unforeseen event, which could not have been avoided by us or the Operator taking all due care, significantly impedes the travel which has been booked, then either we or you can terminate the contract.

14. OUR LIABILITY

We are responsible for the selection and monitoring of Operators; and, the accuracy of information that we provide.

We are not responsible for information not published by us, including information published on Operator’s websites;

We are also not responsible for the journey that you book through us – that is the responsibility of the Operator. You understand and agree that we act only as an intermediary between you and the Operator, and we will not be held liable with respect to the Operator’s services.

15. LIMITATION OF LIABILITY

We do not limit our liability for loss caused by our fraud or fraudulent misrepresentation or loss arising from death or personal injury caused by our gross negligence.

In all other respects, we shall be liable only for losses which arise directly: (a) from our gross breach of a legal duty of care; or (b) are a result of our gross breach of these Booking Conditions, and that liability is at all times limited to a sum equivalent to twice the amount paid by you for a booking, in respect of the relevant Customer.

16. PRICES

The prices for prospective bookings will be as quoted on the Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated above.

17. SEPARABILITY CLAUSE

If any provision (or part of a provision) of these Booking Conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part shall, to the extent required, be deemed not to form part of this agreement with you and the validity and enforceability of the other provisions shall not be affected.

18. ENTIRE AGREEMENT

This agreement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.