TERMS OF USE
1. INTRODUCTION
These Terms of Use (hereinafter referred to as the “Terms“) govern your access to and use of the website https://www.antiguacruiseport.com (the “Website”) and the services provided by Global Ports Holding Limited and its affiliated operations in Antigua and Barbuda (collectively referred to as the “PROVIDER,” “we,” “us,” or “our”).
By accessing or using the Website, you (the “USER”) agree to be bound by these Terms.
By accepting these Terms, the USER:
- Confirms that they have read, understood, and agreed to these Terms;
- Declares that they possess the legal capacity to enter into contracts in accordance with the Laws of Antigua and Barbuda, including the Contracts Act (Cap. 118);
- Accepts all obligations and responsibilities set forth herein.
These Terms remain valid indefinitely and apply to all interactions with the Website unless otherwise stated by the PROVIDER.
The PROVIDER reserves the right to amend these Terms at any time, provided that such amendments do not retroactively affect services or agreements already performed. Any modifications will be communicated through the Website or other appropriate means, in accordance with the Consumer Protection and Safety Act (Cap. 90) and the Electronic Transactions Act, 2006 (No. 19 of 2006).
2. PARTIES TO THE AGREEMENT
The contracting parties to these Terms are:
- The PROVIDER: Global Ports Holding Limited, a company registered in England and Wales with its principal address at 35 Albemarle Street, 3rd Floor, W1S 4JD, London – UK, acting through its local operations in Antigua and Barbuda, located at St. John’s Harbour, Heritage Quay, St. John’s, Antigua and Barbuda.
- The USER: Any individual accessing the Website or utilizing the services, who is responsible for ensuring the accuracy and completeness of all information submitted during interactions with the PROVIDER.
3. PURPOSE OF THE TERMS
These Terms establish the contractual relationship between the PROVIDER and the USER, which arises when the USER interacts with the PROVIDER through the Website or in person at Antigua Cruise Port. This relationship primarily concerns the provision of services described on the Website, subject to the fees and conditions indicated or otherwise agreed upon.
Important Compliance Considerations:
- Consumer Rights & Cancellation Policies: Consumer rights granted under the Consumer Protection and Safety Act (Cap. 90, Laws of Antigua and Barbuda) will be fully respected and clearly communicated in the section on withdrawal and cancellation rights.
- Electronic Commerce Transactions: In accordance with the Electronic Transactions Act, 2006 (No. 19 of 2006), all contractual terms and conditions will be made available to the USER prior to the completion of any electronic transaction.
- Pricing Transparency: Any service fees will be clearly displayed in a transparent and accessible manner, and the USER will be asked for explicit confirmation before making any payment, in compliance with the Electronic Transactions Act and general consumer protection principles under Antiguan law.
4. CONTRACTING PROCEDURE
To access certain services offered by the PROVIDER, the USER may be required to complete a registration process on the Website. Registration involves providing accurate and up-to-date personal information in accordance with the Consumer Protection and Safety Act (Cap. 90) and creating a secure user account with a unique username and password. The USER is responsible for maintaining the confidentiality of these credentials and must immediately notify the PROVIDER of any unauthorised access or misuse. By completing the registration, the USER acknowledges and accepts that their personal data will be processed in accordance with the PROVIDER’s Privacy Notice, prepared in compliance with the Data Protection Act, 2013 (No. 12 of 2013) of Antigua and Barbuda, which aligns with the core principles of the General Data Protection Regulation (EU) 2016/679 (GDPR). Access to services is subject to availability and, where applicable, the successful completion of payment as described in Section 9 of these Terms.
5. GENERAL TERMS OF SERVICE
The following general conditions apply to all services made available through the Website. All services are governed exclusively by these Terms, and no other stipulations—whether oral or written—shall be binding unless expressly accepted in writing by the PROVIDER. Services are provided “as is,” without any warranties or guarantees other than those expressly stated in these Terms or required by applicable laws of Antigua and Barbuda. For any paid service, the total price—including applicable Antigua and Barbuda Sales Tax (ABST) and any additional charges—will be clearly communicated to the USER prior to confirmation of the purchase, in accordance with the Electronic Transactions Act, 2006 (No. 19 of 2006) and the Consumer Protection and Safety Act (Cap. 90).
6. RIGHT OF WITHDRAWAL
The USER may exercise the right of withdrawal in accordance with the Consumer Protection and Safety Act (Cap. 90, Laws of Antigua and Barbuda) under the following conditions: the USER has 14 calendar days from the conclusion of the service agreement to withdraw, unless the service has already been fully performed with the USER’s prior express consent and acknowledgment that the right of withdrawal will be lost upon full execution.
The right of withdrawal does not apply to:
- Services that are customised or specifically tailored to the USER’s requirements; or
- The supply of digital content not provided on a tangible medium, where performance has already begun with the USER’s explicit consent and acknowledgment of the loss of the right to withdraw.
How to Withdraw
- Withdrawal requests must be submitted by email to info@antiguacruiseport.com or in writing to the PROVIDER’s local office at St. John’s Harbour, Heritage Quay, St. John’s, Antigua and Barbuda.
- If the agreement was concluded electronically, the USER will be informed of the right of withdrawal and its conditions prior to confirming the transaction, in accordance with the Consumer Protection and Safety Act (Cap. 90) and the Electronic Transactions Act, 2006 (No. 19 of 2006), reflecting the principles set out in Directive 2011/83/EU on Consumer Rights.
7. DISPUTES AND LIABILITY
The PROVIDER is committed to ensuring a reliable and satisfactory experience for all USERS. In the event of any dispute or complaint, the USER may submit a written notice by email to info@antiguacruiseport.com, providing a clear and detailed description of the issue. The PROVIDER will acknowledge and respond to complaints within 30 days, either resolving the matter or explaining the reasons why resolution is not possible within that timeframe. In accordance with the Consumer Protection and Safety Act (Cap. 90, Laws of Antigua and Barbuda) and the Alternative Dispute Resolution (ADR) mechanisms recognised under Antiguan law, consumers may also seek to resolve disputes out of court through mediation or arbitration, or by contacting the Prices and Consumer Affairs Division under the Ministry of Trade, Industry and Commerce. Where applicable, users may also refer to the Online Dispute Resolution (ODR) platform established by the European Commission, available at https://ec.europa.eu/consumers/odr, as a reference mechanism for cross-border consumer disputes.
8. FORCE MAJEURE
Neither party shall be held liable for delays or failures to fulfill obligations due to circumstances beyond reasonable control, including but not limited to:
- Natural disasters (e.g., earthquakes, floods, storms)
- Governmental actions or regulatory changes
- Acts of war, terrorism, or civil disturbances
- Industrial disputes or labor strikes not caused by the affected party
In the event of a force majeure, the affected party shall notify the other party without undue delay. The obligations under these Terms shall be suspended for the duration of the force majeure event and shall resume once the condition has ceased.
This clause shall be interpreted in accordance with the Contract Law of Antigua and Barbuda and the general principles of impossibility and frustration of contract under Common Law.
9. PRICING AND PAYMENT TERMS
All service prices are displayed in United States Dollars (USD) or Eastern Caribbean Dollars (XCD), as applicable, and include Antigua and Barbuda Sales Tax (ABST) unless otherwise specified. Payments may be made by credit card, electronic bank transfer, or any other authorised payment methods indicated on the Website. Any payment-related inquiries should be directed to info@antiguacruiseport.com.
In compliance with the Electronic Transactions Act, 2006 (No. 19 of 2006) and the Consumer Protection and Safety Act (Cap. 90), all pricing details will be clearly communicated to the USER prior to the completion of any transaction.
The PROVIDER will issue receipts or invoices in accordance with the Tax Administration and Procedure Act (Cap. 424) and relevant ABST regulations of Antigua and Barbuda.
10.APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Antigua and Barbuda, without prejudice to any mandatory consumer protection rights afforded under the law of the USER’s country of residence, in line with the principles of Regulation (EC) No. 593/2008 (Rome I) where applicable.
Any disputes arising out of or relating to these Terms shall fall under the exclusive jurisdiction of the competent courts in St. John’s, Antigua and Barbuda, unless the USER qualifies as a consumer under the Consumer Protection and Safety Act (Cap. 90), in which case jurisdiction shall lie with the court of the USER’s place of residence or domicile.
11. CONTACT INFORMATION
For any questions or concerns, please contact us:
Email: info@antiguacruiseport.com
Address: St. John’s Harbour, Heritage Quay, St. John’s, Antigua and Barbuda