In this page, you will find the following pieces of information:
-TERMS OF SERVICE
-STATEMENT OF PRIVACY
-BOAT TOURS SALES POLICY
-HOTEL BOOKING POLICY
-EXCURSION AND ACTIVITIES POLICY
-CAR RENTAL POLICY
A) Geographic scope
The website "www.saotome-paradise.com" main functions are to inform visitors of activities, excursions, hotel and car rental offers available in São Tomé and Principe. In this regard, we shall refuse any claim which is not directly or indirectly concerning services or products sold or offered in São Tomé and Principe.
B) About reservations prepaid online
1. Bookings of services are considered as "effective" once the Third party payment entity has informed Kalotopia Lda of the effectiveness of the transaction.
2. We reserve the exclusive right to refuse to provide service to any individual or entity at our sole discretion. In such a case, full reimbursement of prepayment effectively made will be done (by any transfer mean available) or a replacement solution will be offered.
C) About Booking dates
The online reserved dates of activities for boat tours, excursions and other activities may be subject to change.
D) Types of service
The internet platform offers two different types of services :
1. Services directly provided by KALOTOPIA Lda, under the brand name "São Tomé Paradise Tours"
2. Services provided by a local or foreign partner of KALOTOPIA Lda.
a) In case a) KALOTOPIA Lda reserve the right to reschedule the activity in case any unpredictable event to arise between the time of the reservation and the time of the activity. The client shall be informed as soon as the event occurs. Some activities are subject to natural, weather conditions, and the "booking date" is only used as an information about the effective schedule.
Example one : Turtle hatch release : Client may book a specific date, but it will only be confirmed after we receive the confirmation from our local partner that there are sea turles to release.
Example two : Dolphin Watching Tour, if the night before, or on the morning of the activity the weather conditions creates a tangible risk for passengers’ security, we will cancel the activity and offer another date, or replace by another activity which do not induce into any risk for safety.
b) In case b) KALOTOPIA Lda acts as an intermediary Agent. In this regard, the confirmation of reservation will be made upon confirmation is received from the third party partner. In this case, the pre-payment amount may be used as a deposit for the booking of the service with the Third Party partner. In case of cancellation from the client, the reimbursement policy will be directly submitted to the Third Party partner’s cancellation policy and KALOTOPIA Lda reserves the right to keep part of the deposit to cover its management fees.
E) Jurisdiction : the competent jurisdiction should any matter arise are the authorities of São Tomé and Principe.
CANCELLATION & REFUND POLICY
The prices as offered on our Platform are highly competitive.
All prices for your « Activities », « Excursions », « Hotel Booking », « Car Rental » and « Other Services » are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket.
Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes may be charged by in the event of a no-show or cancellation.
Whenever possible, we always try to figure out a reasonable solution for our clients, in case of no show, or unexpected cancellation (in case of missing plane, force majeure etc..)
Cancellation types :
1. Cancellation for « Activities », « Excursions », « Car Rental » and « Other Services , prior to fourteen (14) days, the booking payment will be reimbursed, unless stated otherwise. Cancellations within 24 hours are not entitled to any kind of reimbursement. If any particular situation occurs, you are welcome to contact us and we will do our best to help you out.
2. Cancellation for for « Hotel Reservations », prior to thirty (30) days, the booking payment will be fully reimbursed. Cancellation under fourteen days (14), a rate of 75% of booking payment will be reimbursed, cancellation under eight days (8), a rate of 50% of booking payment will be reimbursed, cancellation under three days (3), a rate of 25% of booking payment will be reimbursed ; cancellation under twenty four hours (24), or « No Show » will not commit us to reimbursement of booking payment.
Nota : some hotels or accommodation supplier may have more strict cancellation policies, in this case, they are mentioned on the Accommodation Presentation page, and the specific Hotel cancellation policies may over rule the cancellation policies described in this document.
1. Bank transfer service fees and other related fees are at the charge of the Client. Client will be informed of the detailed costs during the Cancellation process.
2. Kalotopia Lda reserve the exclusive right to retain a management fee (franchise), depending on the necessary action previously taken to make the booking or the preparation of activity.
BOAT TOURS SALES POLICY
A) Boat tours includes
All services requiring a boat to organize the activities, such as : Santana Islet snorkeling, Cabras island Boat tour, Whales watching, Dolphins’s watching, and any other boating activity.
B) About Reservations
In order to ensure availability of the boat and crew, we invite you to book your tour as early as possible. A 50% advance booking payment is requested to confirm the booking.
C) About Passengers’ number
Due to the specific nature of boating activities, a minimum number of passengers is requested to book the tours. While not reflected in the booking system (we are working to solve this issue), it is clearly indicated in the Activity presentation and booking pages. It is possible to « buy » the missing seats » in order to validate a tour. In this regard, please, do not forget to select the minimum number of people if you are in a lower number of people situation. In case of uncertainty, please contact us by email, contact form or whatsapp.
Cancellation due to weather conditions
In case weather conditions do not permit to organize the boat tour, we will postpone to the following available date. If not possible, then we will reimburse 100% of your deposit or offer a replacement activity.
During the tour, the Captain may at its sole discretion, decide any change or modification of itinerary, depending on weather and general safety conditions.
Emergency pick up car
In case of heavy sickness of the passenger, we can help you book a taxi at the nearest land spot available. The cost of the service will depend of the location of pick up and drop off (may vary from 20 to 50 euros).
HOTEL BOOKING POLICY
A) Tourism taxes
São Tomé authorities impose a three euro fee per adult and per night (3). It is not required for children under 12 y.o. The tourism fee is not included in the accommodation booking fees (unless mentioned otherwise) and shall be paid directly at the reception of the hotel or eco-lodge.
B) About Booking
While you make a booking on this website, we cannot guarantee the availability of the requested rooms before we obtain full confirmation from the Accommodation itself.
Unlike many other platforms, we make direct contact with hotels and ecolodges management teams in order to guarantee the availability of service.
This enables us to have the lowest possible rate of double booking, or forced booking whch can result in unpleasant situations. In case the accommodation requested is not available, we will offer you another similar booking, giving you the choice between :
1) changing hotel room type (when available, room rates may vary)
2) changing hotel (room rates may vary)
3) full refund
4) provide you with a credit of the equal amount of the booking fee, which you can use for any other service, activity, rental or accommodation that is presented on our platform.
C) Accommodation prices
Prices are indicated as a base for reservation. For a higher potential of special discount, and best prices, we invite you to contact us by email or in the contact section and mention your exact dates and requested accommodation.
Some hotels have very flexible rates that may vary without informing us. Nevertheless, we engage in guaranteeing the best rates possible (since we have special agreements with these hotels and ecolodges). If you find better rates on another platform, please contact us and we will ensure that we meet theses pricing.
Nota :This situation may not happen frequently but only for some accommodations only.
D) Accommodation price calculation
Some hotels and ecolodges have very special pricing policies that cannot be automatized within our platform reservation system. In this case, the specific pricing policy is indicated in the « Accommodation description page », and the booking fee is used as a reservation asset, and its value may not be equal to 50% of the real price.
Example : When booking "Jalé Ecolodge" Bungalow Suite for 4 people, the price per night is 75 eur (as indicated in the accommodation room page). But due to the specific calculation process of the platform, we will only charge you 50% of the base price for 2 people fee, and your booking fee will be lower than the percentage of 50% of the real rate (In this case, you will prepay 27,5 eur instead of 37,5 euro). Nevertheless, once the booking is confirmed, we will issue an invoice with the real rate adjusted.
Nota :This situation may not happen frequently but only for some accommodations only.
Terms of Service
This website is operated under the brand name « São Tomé Paradise Tours » by KALOTOPIA Limitada. Throughout the site, the terms “we”, “us” and “our” refer to KALOTOPIA Limitada. KALOTOPIA Limitada offers this website, including all information, tools 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 purchasing services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store/website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Nevertheless we do our best efforts in order to ensure the accuracy of the information provided.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Whenever this situation shall happen we will inform you and provide a replacement solution. Modification of service may be caused by product or service unavailability, weather conditions or any other cause.
SECTION 5 - SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Cancel Policy (see column aside, in the same page url).
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KALOTOPIA Limitada, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KALOTOPIA Limitada and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of São Tomé and Principe.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Statement of Privacy
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, payment information (through a Third Party entity, Stripe.com or Paypal), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, providing you with invoices and/or order confirmations).
Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud;
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Woocommerce to power our online store--you can read more about how Woocommerce uses your Personal Information here: www. woocommerce.com We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information here.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of eighteen (18) or for individuals under the legal of their country of residence or origin.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail.