Definitions
- In these terms and conditions the following terms shall have the following meanings:
“Company” means BahamasEvac Charter Services Ltd.
“Contract” means any contract for the sale of services by BahamasEvac Charter Services Ltd.
“Member” means the Member of the BahamasEvac Charter Services Ltd. “Be Alert” membership.
“Services” means any services forming the subject of this contract.
“Subscription” means the subscription as detailed on the membership application overleaf.
Quotation
- Quotations by the Company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation.
Existence of Contract
3.1 No contract shall come into existence until the Member’s application is accepted by the earliest of:
- The Member’s written acceptance;
- Delivery of the goods or services; and
- The Member’s invoice.
3.2 These conditions shall be incorporated into the contract to the exclusion of any terms and conditions stipulated or referred to by the Member.
3.3 There shall be no variation of these terms and conditions unless agreed by both parties in writing.
Subscriptions
4.0 The BeAlert vacation membership is a short term membership and is not an insurance policy or not a guarantor for any medical treatments, but a membership subscription for emergency logistics solutions services and is only valid during the time of the purchase and is separate and apart from any other emergency service provider.
4.1 The subscriptions for the services for the “BeAlert” membership is ex-works and includes insurance, carriage, VAT, EMS Tax, and other taxes and duties.
4.2 The Company shall have the right, in respect of any uncompleted portion of the contract, to adjust its prices for any increase in the price of materials, parts, labour, transport, changes in work schedules or any other costs of any kind arising for any reason after the date of this contract.
4.3 Price changes shall take effect on the date of service on the Member of notice of the change.
4.4 The countries that are on the membership list are The Bahamas, Turks and Caicos, Dominican Republic, Haiti, Cuba, Jamaica, British Virgin Islands, Anguilla, Saint Martin, Saint Barthelemy, Saint Kitts and Nevis, Antigua and Barbuda, Guadeloupe, Dominica, Martinique, St. Lucia, Saint Vincent and Grenadines, Barbados, Grenada and Trinidad and Tobago.
BeAlert Vacation
5.1 Our BeAlert Vacation short term membership is a medical emergency logistics solution for visitors to the Caribbean. When your guests are on vacation the last thing they want to worry about is what to do in the event of an injury or sudden illness.
5.2 BeAlert Vacation not only benefits your guests, but it also helps to reduce potential risk and liability for your company.
Be Alert Vacation Fee:
5.2 The fee for the Be Alert vacation membership is Six Dollars and Fifty Cents ($6.50) per day plus VAT per person.
Be Alert Vacation :
5.3 This BeAlert vacation membership covers all countries listed in section 4.4 and includes medical emergency logistics only.
Short Term Medical Emergency Logistics Solutions
6.1 BeAlert Vacation members shall sign up on the platform for monitoring services provided through the BeAlert Vacation membership and the membership shall provide best emergency logistics solutions options in the event of an emergency. This can be done either through their insurance or by self-pay. Please note that the solutions service does not include any type emergency services (i.e. hospital visits, air ambulance services and ground ambulance services).
Payment
7.1 All invoices are payable without discount of any kind on or before the date stated in the membership agreement and in no circumstances shall the Member be entitled to make any deduction or withhold payment for any reason at all.
7.2 Without prejudice to any other rights of the Company, if the Member fails to pay the membership fee by the due date, the Member shall not be allowed any discount given in that subscription or in any other way agreed and shall reimburse the Company all costs and expenses, including legal costs, incurred in the collection of any overdue amount.
Claims Notification
8.1 Any claim for non-delivery of services shall be notified in writing by the Member to the Company within Ten (10) days of the date of the services request.
8.2 Any claim that any service has not been delivered or was delivered negligently, recklessly or do not comply with their subscription shall be notified by the Member to the Company within Seven (7) days of their delivery.
8.3 Any claim under this condition must be in writing and must contain full details of the claim.
8.4 The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition.
8.5 The Company shall have no liability with regard to any claim in respect of which the Member has not complied with the claims procedures in these conditions.
Scope of Contract
9.0 Under no circumstances shall the Company have any liability of whatever kind for:
9.1 The suitability of any emergency medical transport services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company; or
9.3 Any technical information, recommendations, statements or advise furnished by the Company, its servants or agents not given in writing in response to a specific written request from the Member before the contract is made.
Extent of Liability
10.1 The Company or any of its third-party vendors shall have no liability to the Member for any loss (including loss of profit or other economic loss (direct or indirect), indirect or consequential loss) or damage of any nature (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:
- For death or personal injury relating from the Company’s negligence;
- Fraudulent misrepresentation; and
- As expressly stated in these conditions.
10.2 If the Member establishes that any service or services have not been delivered, have been delivered promptly, inadequately, negligently or recklessly or do not comply with their subscription, the Company shall, at its option, replace with a similar service any service which have not been delivered according to the subscription and/or contract and allow the Member credit for their subscription value.
10.3 Where the Company is liable in accordance with this condition in respect of only some or part of the emergency service, the contract shall remain in full force and effect in respect of the other or other parts of the emergency service and no set-off or other claim shall be made by the Member against or in respect of such other or other parts of the emergency service.
10.4 In no circumstances shall the liability of the Company to the Member under this condition exceed the invoice value of the emergency service.
10.5 In no circumstances shall the liability of the Company to the Member under this condition exceed the subscription value of the service.
General
11.1 The Company may sub-contract the sale of any services to a third-party with the written notice to the Member.
11.2 The Member is not to assign any subscription for any service without the consent of the Company.
11.3 The Company may, at its discretion, suspend or terminate the supply of any services if the Member fails to make any payment when and as due or otherwise defaults in any of its obligations under the contract or any other agreement with the Company or becomes bankrupt or insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or ceases or threatens to cease trading or the Company bona fide believes that any of those events may occur, and in any case of termination may forfeit any deposit paid.
114 Except for any which is expressly agreed to be included in the sale of any services all tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any subscriptions shall become the property of the Company.
Confidentiality
- Any and all information provided between the Company and the Member whether under agreement or otherwise, shall be kept confidential.
Cancellation
13.1 A Member shall receive a 100% refund upon a written notice of cancellation request for a refund of subscription for services if done so Fourteen (14) days or more before first active date.
13.2 A Member shall receive a 50% refund upon a written notice of cancellation request for a refund of subscription for services if done Seven (7) to Thirteen (13) days before first active date.
13.3 A Member shall not receive any refund upon a request for a refund of subscription for services by written notice (or otherwise) of cancellation if received Six (6) days or less before first active date.
Law and Jurisdiction
- The validity, construction and performance of this Terms and Conditions shall be governed by the law of The Commonwealth of The Bahamas and shall be subject to the exclusive jurisdiction of the Bahamian Courts to which the Parties submit.