Terms and Conditions

Welcome to Cabolibre LDA! Throughout the site, the terms “Cabolibre”, “we”, “us” and “our” refers to Cabolibre LDA. We offer this website, including all information, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or booking our services, including booking services of our partners, participating in one of our beachcamps or booking one of our apartments, you engage in our “services” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these terms carefully before accessing or using our website. By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence. If you do not agree to all the terms and conditions of these terms, then you may not access the website or use any services. If these terms are considered an offer, acceptance is expressly limited to these terms.

You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the service or access to the website following the posting of any changes constitutes acceptance of those changes.

We may, without prior notice, change the services, stop providing the services or features of the services, to you or to customers generally. We may permanently or temporarily terminate or suspend your access to the services without notice and liability for any reason, including if in our sole determination you violate any provision of these terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these terms.

1. Participation

All adults who are at least the age of majority in their state or province of residence and who fulfil the requirements in our offer can take part in our beachcamps, take part in one of our star gazing tours, or book one of our apartments. 

2. Travel

The participants of our services organize the travel on their own. Cabolibre supports this process by providing specific information about possible airports and costs. We also provide information about the legal terms for entering Cabo Verde.  

When you book international flights with third-party suppliers, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Cabolibre accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler's failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through on route to his or her destination.

As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your booking. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.

3. Booking, booking confirmation

3.1. With signing in into one of our camps, one of our star gazing tours or by booking one of our apartments, you enter into a binding contract with us. This must be done with our official signing form. With our confirmation the contract gets valid.

3.2. In case there is no confirmation within 14 days after the time of inscription/booking the participant contacts the organizer immediately. 

3.3. In case of a team registration for the beachcamps, the subscriber is responsible for his/her team; in case an apartment is booked for more than one person, the person who made the reservation is responsible for the other guests as well.

4. Payment

The participation fee/booking fees must be paid within 14 days after receiving the invoice – in no case later than 14 days before the beachcamp or your apartment booking starts.

In case of a cancellation the advance payment is due directly.

5. Cancellation

All participants and clients can cancel the contract at any time before the service should begin. This must be declared to Cabolibre in written form (the cancellation must have reached us within this time). 

If you cancel at least 30 day(s) in advance of the scheduled service, there is no cancellation fee.
If you cancel between 29 and 14 days in advance of the scheduled service, there is a 20 percent cancellation fee.

If you cancel between 13 and 1 day (s) in advance of the scheduled service, there is a 50 percent cancellation fee.
If you don’t cancel before the service has commenced, there is a 100 percent cancellation fee.

6. Privacy

We care about the privacy of our clients. Our privacy practices are governed by our privacy policy, the most updated copy of which can be found in our Privacy Policy. It does not cover the information practices exercised by any third parties that we do not own or control.

7. Security

We care about and take very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. Third-Party Links and Information

The services may contain links to third-party offers that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the services, you do so at your own risk, and you understand that these terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

9. Indemnification

You agree to defend, indemnify and hold harmless Cabolibre (and its officers, directors, agents, subsidiaries, joint ventures, employees, coaches and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the services in violation of these terms; (b) your violation of any law or the rights of a third party that causes injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these terms and your use of the services.

10. No Warranty

a. We may alter, suspend, add to, or discontinue the services in whole or in part at any time for any reason, without notice or cost. By having access to the services, you agree that we and our partners may place advertisements on the services. The types of advertisements are subject to change.

b. Cabolibre assumes no responsibility for accidents, injuries or losses of any kind (including loss or damage to personal possessions brought by you to the courts or to our apartments in connection with our services. 

c. In case you are dissatisfied with the services you should complain to Cabolibre directly and we will try to improve our service so that it meets your expectations. Otherwise, your sole and exclusive remedy is to terminate the service.

d. The disclaimers and exclusions under these terms will not apply to the extent prohibited by applicable law.

11. Limitation of Liability

a. To the maximum extent permitted by applicable law, in no event shall Cabolibre, its affiliates, agents, directors or employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability.

b. To the maximum extent permitted by applicable law, Cabolibre assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services or products; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (v) the defamatory, offensive, or illegal conduct of any third party. In no event shall Cabolibre, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Cabolibre hereunder or $100.00, whichever is greater.

c. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

12. Governing Law and Dispute Resolution

a. Governing Law; Limitation of Claims. This agreement will be governed by and construed in accordance with the laws of Cape Verde. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Cabolibre arising out of or related to this agreement must be filed within one year after such claim or cause of action arose, or be forever barred.

b. Dispute Resolution. Please read this section carefully. It affects your rights and will have a substantial impact on how claims that you and Cabolibre have against each other are resolved.

c. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing us atcabolibre.info@gmail.com. You agree that any and all disputes or claims that may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court.

d. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this agreement to arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. Your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

e. The arbitration will be confidential, and neither of us may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;

f. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant the Federal Arbitration Act.

g. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law (including attorneys’ fees).

h. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Sal Island, Cape Verde.

i. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of these terms or to declare a breach of these terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.

13. General

a. Notification procedures and changes to the terms. We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. We may, in our sole discretion, modify or update these terms from time to time. When we change the terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the services.

b. Assignment. You may not assign any of your rights or delegate any of your obligations under these terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these terms.

c. Electronic Communications. Our communications with you via the services use electronic means, whether you visit the services or send us an email, or whether we post notices on the services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

d. Entire Agreement / Severability. These terms and our subscription/booking confirmation email shall constitute the entire agreement between us concerning the services. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect 

e. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

f. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the feedback in connection with any products and services.

g. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the terms. 

h. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these terms regardless of the cause of such termination.

If you have any questions about our services and/or these terms, please contact us at cabolibre.info@gmail.com

 

 

 

PROHIBITED ACTIVITIES

The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this website. Any other use of content of this page requires the prior written permission of Cabolibre.

Additionally, you agree that you will not and will not assist or enable others to:

  1. use this website or its contents for any commercial or unlawful purpose;

  2. access, monitor or copy any content or information of this website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the website or any content on the website for any purpose without our express written permission;

  3. violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the website;

  5. deep-link to any portion of this website for any purpose without our express written permission;

  6. “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;

  7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Cabolibre in connection with the website;

  8. use the website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the website;

  9. use the website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

  10. use the website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

  11. use the website to promote bigotry or discrimination against protected classes;
    use the website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  12. use the website to submit or transmit pornography or illegal content;
    use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;

  13. attempt to gain unauthorized access to the website, user accounts, computer systems or networks connected to the website through hacking, password mining or any other means; use the website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

  14. use any device, software or routine that interferes with the proper working of the website, or otherwise attempt to interfere with the proper working of the website;

  15. use the website to violate the security of any computer network, crack passwords or security encryption codes;

  16. disrupt or interfere with the security of, or otherwise cause harm to, the website; or

  17. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of website content, or features that enforce limitations on the use of the website.