Legal Stuff

SOCA ISLANDS CUSTOMER PARTICIPATION AGREEMENT AND ASSUMPTION OF RISK BY CUSTOMERS.
This is a contract between you (‘the Customer’) and SOCA ISLANDS LLC (‘Soca Islands’, ‘we’, ‘us’, ‘our’). It describes your acceptance of all risks associated with our service (‘event’, ‘activity’, ‘tour’, ‘package’, ‘service’). These terms are so important that we cannot have you participate in our events unless you agree to them. By purchasing our service, and participating in our events, you are agreeing to these terms.

We periodically update these terms and we will let you know when we do via an in-app notification in your portal, or email.

AGREEMENT
You understand and agree that attending and participating in any of our events, and participating in any indoor or outdoor activities does involve risk and that you are aware of the risks and dangers inherent in the activities you are planning to participate in during the event. You hereinafter state that in agreeing and accepting this Release for yourself, your family members, including minor children, and your employees or contractors you or your organization are sponsoring to attend the event, that you understand the intent of this Release and agree to absolve and hold harmless Soca Islands and its owners, agents, employees, and/or contractors connected with service in any way from and against any blame or liability for any injury, illness, disease, death, misadventure, harm, loss, inconvenience, or damage suffered as a result of participation in the contracted activity or any activity associated with it, including any harm, illness, death, disease, injury or damages resulting from the negligence or fault of Soca Islands and its owners, agents, employees, and contractors connected with the event.

If an organization or corporation is sponsoring any individual, the organization and/or corporation solely is responsible for providing a copy of this legal document to any individual it sponsors and the organization and/or corporation agrees to indemnify, defend and hold harmless Soca Islands against any and all claims made by any of the “sponsorees”.

You understand and agree that this release is to be construed and interpreted as an ongoing agreement between Soca Islands and yourself, your other family members, including minor children, and employees or contractors you or your organization you are sponsoring to attend the event. In consideration of the agreement by Soca Islands to accept your purchase and participation, you, individually or as an organization sponsoring the participation of your organization’s employees or contractors, and/or as parent/guardian of any minor executing this Agreement, do release and forever discharge Soca Islands and its owners, agents, employees, and/or contractors connected in any way with the event from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my personal, my organization’s participants, or your child’s /ward’s participation in the activities contracted for including scheduled and unscheduled events. You accept and agree that this Release covers all claims or demands against Soca Islands and its owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of Soca Islands and their owners, agents, employees, and/or contractors.

You understand, accept, and agree that Soca Islands may have arranged for other entities to provide indoor and outdoor activities for participants of the event. You understand, accept and agree that neither Soca Islands, nor its agents, servants, employees, and/or officers, are in any way responsible for any activities conducted by other entities. You further agree to Release and Discharge Soca Islands and its agents, servants, employees and/or officers from any claim relating to either the selection of the other entities or the suitability of the entity to provide the indoor or outdoor activity. You understand, accept and agree that the safety laws, regulations, and requirements for any indoor or outdoor activity may vary widely from your home country’s similar laws, regulations, and requirements. You also understand that medical care in the host country may differ from your home country and you agree to Release and Discharge Soca Islands and its agents, servants, employees and/or officers from any claim relating to medical services.

In consideration of the agreement by Soca Islands to accept your purchase and participation, you agree that you, your organization’s participants, and your child/ward do expressly and voluntarily assume the risks and dangers of personal injury, death or property damage to either of you resulting from or related to your or our participation in any of the contracted for activities, including scheduled or unscheduled events.

You represent that yourself, your family (including any minor children), and your organization’s participants are in good health with no physical or mental defects that may pose a danger to the participation of yourself, your family, or your organization’s participants in the activities contracted for including any scheduled or unscheduled events. You agree and you are aware that as a condition of being allowed to participate in the activities that you will not consume any alcoholic beverages or other substances including, but not limited to any drugs or medications which would impair my senses before or while participating in any indoor or outdoor activities.

You understand that the risks and dangers of participation may arise from foreseeable or unforeseeable causes including but not limited to negligence of Soca Islands, negligence of the participants, negligence of others, accidents, breaches of contract, the forces of nature and other causes.

In consideration of Soca Islands’s agreement to accept your purchase and participation, applicant/participant hereby additionally releases Soca Islands’s participating partners, their servants, agents, employees, successors and/or assigns from any claim for loss or injury of any kind, character or description which applicant may have arising out of participation in the activities of the event.

This Express Assumption of Risk and Release of Liability also acts as a Waiver for any protection that may be afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this RELEASE of LIABILITY.

You further understand, accept, and agree that having read and understood this agreement, that by accepting this agreement on behalf of yourself, your family (including minor children), and your organization’s participants that you surrender valuable rights, and you and/or your organization agree not to sue in your individual or organizational capacity or in your capacity as parent/guardian and next friend, Soca Islands and its owners, employees, agents, and/or contractors. You further hereby agree to the terms in this agreement, and do so freely and voluntarily.

You further agree to obey and follow the information, instruction, and rules, including but not limited to those which are offered from the literature, owners, employees, agents, or contractors of Soca Islands while checking in at the beginning of the activity and while participating in any activities.

You also give my permission to use any and all written comments, pictures, video and/or movies in which you may appear for publicity, promotion and advertising for Soca Islands and Soca Islands services. The Venue of any dispute that may arise out of this agreement or otherwise between parties to which Soca Islands or its agents as a party shall be Brooklyn, New York, U.S.A..

BY PURCHASING SOCA ISLANDS SERVICES AND PARTICIPATING IN THE EVENT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND RELEASE OF LIABILITY. YOU UNDERSTAND THAT IF YOU DO NOT AGREE WITH THIS RELEASE OF LIABILITY, YOUR ONLY CHOICE IS TO DISCONTINUE THE USE OF THE SOCA ISLANDS SERVICE AND NOT PARTICIPATE IN THE EVENT. You understand that you may be provided with additional information such as safety information and/or onsite guidance that will provide me with a good understanding of the risks surrounding activities provided by Soca Islands and/or its agents or partners. You acknowledge that you are entitled to decide not to participate with the planned activity anytime during the event and prior to starting participation in the event and indoor or outdoor activities associated with the event or any other specific activity. Soca Islands reserves the right to modify and/or refuse anyone the opportunity to participate in any event activities because of a medical or physical condition or physical limitation that Soca Islands and/or its agents or partners feel might expose participant to inappropriate levels of risk.

These terms and conditions were updated on June 29 2019.

At Soca Islands, we strive for utmost transparency regarding the utilization of your photographs for promotional and sales purposes related to our expeditions. Additionally, we aim to clarify the instances in which you will receive due recognition as the photographer. In pursuit of these objectives, we have formulated the following Image Use Policy. Its purpose is to provide you with comprehensive insights into the procedures following the incorporation of your photograph into our esteemed Image Library. It is essential to acknowledge that any and all images submitted to Soca Islands through the provided channels will be seamlessly integrated into our Image Library.

This policy applies to photographs we receive in the following ways:

• Photographs submitted to Soca Islands from travellers as part of adventure feedback;
• Photographs posted within any of Soca Islands’ WhatsApp groups
• Photographs posted on any of Soca Islands’ Facebook, Twitter and Instagram accounts;
• Photographs submitted as part of any competition conducted by Soca Islands;
• Photographs submitted by contributors to our blog as part of a published article;
• Photographs submitted by employees of Soca Islands following the completion of a Free of Charge (FOC) trip;
• Photographs submitted by freelance photographers, social media influencers and brand ambassadors who have an agreement with Soca Islands to provide written and visual content.
• Any other photographs submitted to Soca Islands that do not fall into the above categories.

How will my photography be used?
Once a photograph has been added to our Image Library, it may be used in a variety of ways to promote and sell Soca Islands adventures, including (but not limited to):

• On our website;
• In our marketing material and assets across social media;
• As part of our digital brochures;
• Photographs from our Image Library may also be shared with third parties to promote or sell our adventures.

When will I be credited for my work?
We will credit your work wherever possible, although this may not be possible in all circumstances. Soca Islands retains final discretion as to when credit will be provided.

What do I do if I no longer want Soca Islands to use my photography?
You can ask Soca Islands to stop using your photographs as part of our Image Library at any time. Simply write to us at [email protected] and request that your photograph be removed. Please make sure to include your full name and a description of the photograph(s) you would like to have removed.

Our Privacy Policy
It’s important to note that photographs may be submitted together with personal details. For more information on how your personal details are managed, please refer to the Soca Islands Privacy Policy on our website.

The Code of Conduct (referred to as “The Code”) addresses the commitment of Soca Islands LLC (“Soca Islands”) to the honesty, integrity and ethical behavior of the people, including you, associated with Soca Islands. It is about treating one another with respect and tolerance. This code is so important that we cannot have you purchase nor participate in our Caribbean travel experiences unless you sign on to them. The Code in itself however, is not a contract and as such does not create any contractual rights of any kind between Soca Islands and any participant or staff.

We periodically update this code and we will let you know when we do via an in-app notification in your portal, or email.

INFORMATION
Soca Islands is committed to ensuring the respect and tolerance of diverse groups of individuals. As such, and to help ensure a safe and productive environment, participants (referred to herein as “Soca Islanders”), staff, and staff of partnering organizations are expected to behave in accordance with this Code of Conduct. (For clarity, when The Code mentions “Soca Islanders,” it is meant to include all participants using Soca Islands’ services.) We expect Soca Islanders and staff to act with the values of respect and tolerance in mind when interacting with each other and the world at large. As you travel with us and/or work with us, you are representing yourself, you are representing your home country, and you are representing the Soca Islands community. Please act in accordance with this Code of Conduct and represent​ Soca Islands ​in​ ​a​ ​way​ ​that​ ​the​ ​entire​ ​Soca Islands community ​will​ ​be​ ​proud​ ​of.

This means that your actions must be free from discrimination, libel, slander, or harassment. It also means, you are responsible for your own actions. Misconduct is not excusable because it was directed or requested by another. You are expected to alert Soca Islands whenever an illegal or unethical act is discovered or suspected. No one will be subject to retaliation for a good faith report of a suspected violation.

Soca Islanders who violate The Code will be subject to disciplinary action, up to and including removal from the Soca Islands travel experience. (Note for Soca Islanders: any guests or visitors brought to Soca Islands accommodations, workspaces, or events are expected to behave in accordance with The Code and may be banned from Soca Islands, Soca Islands accommodations, workspaces, or events if they fail to do so.) Staff who violate The Code will be subject to disciplinary action, up to and including dismissal. Periodically, you may also be required to review The Code and acknowledge your understanding of and compliance with The Code.

PERSONS LIVING WITH DISABILITIES
Soca Islands also recognizes that some individuals may have physical and/or mental disabilities. As such, Soca Islands will endeavor to provide reasonable accommodations unless doing so causes a direct threat to these individuals or others, violates local laws, and/or if the accommodation creates an undue hardship to Soca Islands. For more information about this section or to discuss or request an accommodation, please reach out to your Experience Ambassador (for Soca Islanders) or your People representative (for staff).

ANTI-HARASSMENT AND ANTI-DISCRIMINATION
Soca Islands is dedicated to providing a harassment-free environment and therefore prohibits harassment or discrimination of any kind, especially involving race, color, ethnicity, religion, gender, age, sex, sexual orientation, national origin, disability, veteran status, marital status, gender identity and expression, physical appearance, body size, and/or technology choices.

Prohibited harassment also includes: inappropriate use of sexual images, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Any such activities could result in disciplinary action, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination which is prohibited by law and violates The Code. Prohibited conduct may be verbal, visual, or physical in nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, or the granting or withholding of something of value in response to sexual conduct.

More subtle forms of behavior, such as foul or obscene language of a sexual nature, posting or viewing social media language or pictures, gossiping, asking questions about another’s sex life, displaying offensive posters, cartoons, caricatures, comments, jokes of a sexual nature, and repeated unwanted requests for a date are prohibited as they may constitute sexual harassment or contribute to a hostile or offensive environment. All questionable behavior should be avoided because conduct that appears to be welcome or tolerated by one person may be very offensive to another.

Do not ignore harassment. Soca Islanders and/or staff who feel they have been harassed or who witness any type of harassment should make it known that the behavior should be stopped immediately. Inappropriate behavior should be reported according to the guidelines listed below. If you believe you are being harassed or discriminated against for any reason, please, immediately contact your Experience Ambassador(Soca Islanders) or People representative (staff) or use the resources under the Reporting Procedures section in this Code.

VIOLENCE
Soca Islands is committed to maintaining a violence-free environment and will not tolerate any type of violence or threats of violence. Violence includes, but is not limited to, harassment, coercion, physical altercations, use of weapons of any kind, intimidation, stalking, and threats of violence. Please, do not joke or make off-hand remarks about violence.

Any potentially dangerous situation must be reported immediately to an Experience Ambassador (Soca Islanders) or your manager (staff). Law enforcement, security, and/or emergency services should be contacted first if you believe there is an imminent threat.

SOCIAL MEDIA
Social media offers various methods of communication and self-expression and it can foster community—both with friends and family in other countries. However, use of social media that violates The Code (including discrimination and harassment), discloses confidential or proprietary information, makes maliciously false comments about Soca Islands or its staff or participants, or contains abusive comments, may result in disciplinary action up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

FRATERNISATION
Everyone on a Soca Islands program (and everyone working for Soca Islands) is an adult and is expected to make responsible decisions. It is not Soca Islands’ place to tell consenting adults who they can and cannot date or be friends with… with these exceptions:

• First, Soca Islands prohibits managers from dating subordinate staff.
• Second, Soca Islands prohibits staff dating Soca Islanders or having romantic relationships with Soca Islanders during the course of their travel experience.
• Soca Islands’ stance on Soca Islanders entering into a physical or romantic relationship with other Soca Islanders, (or staff entering into same with other staff), emphasizes Soca Islands’ commitment to and belief in the importance of Affirmative Consent. Affirmative Consent is defined as “informed, freely and affirmatively communicated willingness to participate in sexual activity that is expressed by clear and unambiguous words or actions.” Clear and unambiguous words or actions are those that are freely and actively given by informed individuals that a reasonable person in the circumstances would believe communicate a willingness to participate in mutually agreed upon sexual activity.

As specified in the “Anti-Harassment” section in this Code, unwelcome sexual attention is not permitted, if you are not sure if you have Affirmative Consent, immediately stop.

ALCOHOL AND DRUG USE
Soca Islands has a longstanding commitment to provide you with safe experiences. Soca Islands has safeguards and resources in place to reduce risks, and in turn you are also expected to avoid behavior that is likely to cause danger to yourself or to others. Specifically, the use of alcohol and drugs are examples of this type of behavior.

Alcohol Use. Excessive alcohol use has many potentially negative and/or risky effects. We will not tell you what your drink limit should be, but we do ask that you make smart decisions about your personal alcohol use.

Additionally, staff is expected to act responsibly and ensure their intake of alcohol does not impede their judgment or job performance. DRIVERS FOR SOCA ISLANDS ARE NOT ALLOWED TO CONSUME ALCOHOL UNDER ANY CIRCUMSTANCES.

For both Soca Islanders and staff, if your actions cause a threat to you or others, or if you participate in behaviors that violate The Code you may be subject to disciplinary action, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

Drug Use. The use of illegal drugs violates the law. Drug abuse can also pose a threat to the health and safety of Soca Islanders and staff. The term “drug” as used in this Code includes the improper use of prescription drugs, marijuana, illegal inhalants, illegal drugs and/or other controlled substances.

Soca Islands reserves the right to inspect all premises for drugs or other contraband, and any person refusing to cooperate in such inspections may be subject to appropriate discipline up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

If you use, possess, buy, sell, manufacture or dispense an illegal drug you may be disciplined, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

ASSUMPTION OF LIABILITY
Soca Islands assumes no liability for any behavior that breaches this Code of Conduct, including, but not limited to, violence, harassment, sexual assault, and/or the use or abuse of alcohol and/or drugs. If you participate in or instigate behaviors in breach of The Code of Conduct, Soca Islands reserves the right to contact local authorities, contact your emergency contact, and/or take any other steps that Soca Islands deems necessary to maximize your safety and the safety of those around you. In addition, you may be subject to disciplinary action up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).

OBLIGATION TO REPORT POLICY
It is each person’s responsibility to abide by any/all applicable laws and regulations, as well as by The Code of Conduct. If you believe that there has been a violation of any expectations defined in The Code of Conduct, including harassment or discrimination, you are obligated to make a timely report to enable Soca Islands to investigate and correct not only the behavior, but also any effects behavior may have had on the program and/or those involved.

If you observe an incident of violence or threatened violence that is immediate and serious, take steps to maximize safety first, including contacting local authorities and/or security if needed. Once the immediate threat has passed, please also notify Soca Islands by following the procedures outlined below.

To report a situation or incident, your first line of support is to report the incident to your Experience Ambassador (Soca Islanders) or your People representative (staff) who will support and assist you in lodging a report.

For Soca Islanders and staff who are not comfortable reporting to their first line of support, your second option is to reach out to Sophia Bacchus-Kirton, Soca Islands’ Head of People Operations.

Finally, if you are not comfortable with the options above, Soca Islanders and staff may submit a report to Soca Islands COO, Roger Kirton.

During an investigation, each incidence will be evaluated on an individual basis. If the result of an investigation indicates that corrective action is called for, such action may include disciplinary measures up to and including immediate expulsion from the Soca Islands experience without a refund at the discretion of Soca Islands (Soca Islanders), or dismissal (staff).

When a Soca Islander’s employer has a direct relationship with Soca Islands, information about any situation related to The Code may be shared with them, at Soca Islands’ discretion, including information regarding reports, investigations, and resulting actions.

Soca Islands does not tolerate retaliation for filing a report. For more information, see the No Retaliation section of this Code.

NO RETALIATION
Retaliation against any person who in good faith has reported a violation of The Code (or the law), has raised questions or concerns, has reported an incident, or has otherwise participated in an investigation of such matters, will not be tolerated.

If, for any reason, you perceive retaliation, please follow the report procedure outlined above to notify us. The situation will be investigated, and if Soca Islands determines an individual’s behavior is in violation of The Code, disciplinary action will be taken, up to and including removal from the Soca Islands experience (Soca Islanders), or dismissal (staff).

This Code of Conduct is not intended to describe every possible instance that may happen, or provide answers to all of the questions that may arise. Soca Islands encourages you to talk to your Experience Team Lead (Soca Islanders) or your People representative (staff) for guidance, and for support with any questions. The Code is an agreement to faithfully comply with all laws, rules, policies and regulations of the regulatory agencies and countries that apply to us during our journey/time together. It also acts as a guide for inclusion and acceptance of all members of the Soca Islands, reminding us to act responsibly, in good faith, and to treat one another well.

This code of conduct was updated on November 10 2021.
If you require a copy of Soca Islands LLC terms and conditions before this date, please contact [email protected]

Soca Islands is, at its core, an organisation dedicated to bringing the world to the Caribbean through bespoke experiences from people who live in the Caribbean. The Caribbean is open to everyone; an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

Soca Islands is committed to offering experiences where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two primary pillars: inclusion and respect. Our shared commitment to these principles enables each client to feel welcome no matter who they are, where they come from, how they worship, or whom they love.

We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our experiences. To that end, all of us, Soca Islands employees, and suppliers, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can enjoy the wonders of the Caribbean the way it was meant to be.

• Inclusion – We welcome clients of all backgrounds with authentic hospitality and open minds. Bias, prejudice, racism, and hatred have no place in our experiences. While we are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
• Respect – We are respectful of each other in our interactions and encounters. Soca Islands appreciates that local laws and cultural norms vary around the world and expects clients and suppliers to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Soca Islands an incredibly diverse set of background experiences, beliefs, and customs. By connecting people from different backgrounds, Soca Islands encourages greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

RACE, COLOUR, ETHNICITY, NATIONAL ORIGIN, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY, OR MARITAL STATUS

• Soca Islands staff and suppliers may not
  • Decline a client based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
  • Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
  • Make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

GENDER IDENTITY
At Soca Islands, we consider the gender of an individual to be what they identify and/or designate on their user profile.

• Soca Islands staff and suppliers may not
  • Decline a client based on gender.
  • Impose any different terms or conditions based on gender.
  • Make any statement that discourages or indicates a preference for or against any guest on account of gender.

AGE AND FANILY STATUS

• Soca Islands staff and suppliers may not:
  • Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status.

DISABILITY

• Soca Islands staff and suppliers may not:
  • Decline a client based on any actual or perceived disability.
  • Impose any different terms or conditions based on the fact that the client has a disability.
  • Substitute their own judgment about whether the service meets the needs of a guest with a disability for that of the prospective client.
  • Inquire about the existence or severity of a client’s disability, or the means used to accommodate any disability. If, however, a potential client raises his or her disability, a staff member or supplier may, and should, discuss with the potential client whether the experience meets the potential guest’s needs.
  • Prohibit or limit the use of mobility devices.
  • Charge more for experiences or other fees for guests with disabilities, including pet fees when the guest has an assistance animal (such as a service or emotional­ support animal) because of the disability.
  • Make any statement that discourages or indicates a preference for or against any client on account of the fact that the client has a disability.
  • Refuse to communicate with clients through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).

• Soca Islands staff and suppliers may:
  • Provide factually accurate information about the accessibility features (or lack of them), allowing for clients with disabilities to assess for themselves whether the experience is appropriate to their individual needs.

PERSONAL PREFERENCES

• Soca Islands staff and suppliers may
  • Except as noted above, Soca Islands staff and suppliers may decline to provide an experience based on factors that are not prohibited by law.
  • Nothing in this policy prevents our staff or suppliers from turning down a client on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, a hotel or guesthouse may turn down a guest who wants to smoke in a room, or place limits on the number of guests in a room.

What happens when a staff member or supplier does not comply with our policies in this area?
If our staff or supplier improperly rejects clients on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Soca Islands will take steps to enforce this policy, up to and including suspension and if necessary, termination.

As Soca Islands continues to grow, we will continue to ensure that our policies and practices align with our goal to ensure that clients feel welcome and respected in all of their interactions with Soca Islands.

This policy was updated on October 23 2019.

SOCA ISLANDS  AFFILIATE PROGRAM AGREEMENT
This is a contract between you (the Affiliate) and us (SOCA ISLANDS LLC or Soca Islands). It describes how we will work together and other aspects of our business relationship. These terms are so important though that we cannot have you participate in our Affiliate Program unless you agree to them. By participating in our Affiliate Program, you are agreeing to these terms.

We periodically update these terms and we will let you know when we do via an in-app notification in your portal.

1. Adherence to Booking Terms and Conditions:
All reservations made by affiliates are required to comply with the standard booking terms and conditions as outlined on our website. This contract between customers and Soca Islands is fundamental to our service offerings and ensures a seamless experience for all parties involved.

2. Affiliate Bookings:
Affiliate bookings must adhere to the same terms and conditions as direct bookings. Commissions will be paid to agents if clients cancel within 60 days or less of the departure date, provided the client has paid the full amount for their trip. However, if a client cancels more than 60 days before the trip’s departure, the travel agent is not eligible for commission. Should the customer choose to reschedule their booking to a new departure date, the same terms will apply, adjusted to the new departure date.

3. Direct Bookings:
We highly encourage travel agents to assist their clients in making bookings directly on our website. Affiliates can officially record the reservation as an affiliate-mediated booking via the designated form provided by Soca Islands.

4. Customer Consent:
When an affiliate completes a booking on behalf of a client, the agent is required to share the booking terms and conditions with the client. Additionally, the affiliate must obtain written confirmation from the client expressing their consent to adhere to Soca Islands’ terms and conditions before finalizing the booking. Failure to comply with this requirement will render the travel affiliate responsible for the client’s booking.

5. Commission:
Soca Islands agrees to pay a commission fee of 12% on all bookings secured by the affiliate. Soca Islands reserves the right to revise the commission rate at any time. The 12% commission fee applies exclusively to the primary booking; any additional services, such as single supplements, extra nights, or other auxiliary activities added to the booking, are not subject to the commission fee. If a client uses a promotional code, the affiliate’s commission will be calculated on the reduced cost after applying the discount. Commissions will be paid to the affiliate during the month of the customer’s departure, no later than the 28th of that month.

6. Commission Eligibility:
To qualify for the commission, affiliates must complete our Soca Islands educational course. Commissions are only paid on bookings procured by the affiliate and officially recorded via the provided form. If a customer who has previously traveled with Soca Islands through an affiliate decides to book future trips independently, Soca Islands will pay a commission to the travel affiliate.

7. Termination:
Soca Islands reserves the right to terminate collaboration with any affiliate at any time.

8. Affiliate Incentive:
Affiliates are eligible for a $3,000 Soca Islands voucher, redeemable for any of our adventures, once they have facilitated the sale of 30 Soca Islands trips within a calendar year (January to December). The 30 trips may be accumulated individually or collectively by a travel agency.

9. Client Awareness:
Affiliates must ensure their clients understand Soca Islands’ customer code of conduct, and the company’s right to cancel a reservation if a customer exhibits behavior detrimental to group dynamics or engages in discriminatory conduct, including sexist, racist, or anti-LGBTQI+ behavior.

10. Onboarding:
Affiliates are responsible for ensuring their clients complete all necessary onboarding information within the period of 30 to 15 days prior to departure.

11. Group Dynamics:
Group dynamics are central to the Soca Islands experience. Soca Islands reserves the right to contact customers directly post-booking to provide further information about our ethos, mission, group dynamics, and bonding activities.

These terms and conditions were updated on August 16th 2024.
If you require a copy of Soca Islands LLC terms and conditions before this date, please contact [email protected]

SOCA ISLANDS PRIVACY POLICY.

Owner and Data Controller
Roger Kirton
Soca Islands Registered Office:
414 Macdonough Street, Brooklyn, New York, 11233

Owner contact email: [email protected]

SOCA ISLANDS LLC (‘Soca Islands’, ‘we’, ‘us’, ‘our’) are committed to protecting and respecting your personal data privacy and complying with data protection principles and provisions under applicable laws.

We may collect, process, use and disclose your information when you use this website www.socaislands.com and/or the Soca Islands App (together, ‘Soca Islands Platform’) and the services offered by Soca Islands or the third party operators (the ‘Operators’) through Soca Islands Platform (the ‘Services’) as described in this Privacy Policy. ‘You’ and ‘your’ when used in this Privacy Policy includes any person who accesses Soca Islands Platform or use the Services.

COLLECTION OF INFORMATION
We may collect Personal Information about you that you provide to us while using Soca Islands Platform and information about how you use Soca Islands Platform including when you open your user account (‘User Account’), visit Soca Islands Platform or make reservations for any intended Services or using the Services.

1) Opening Your User Account:
When you open with us a User Account or amend any information of your User Account, we may collect your Personal Information, such as your name, email address, mobile number, country, gender and password.

2) Making Reservations for the Services or Using the Services:
(a) When you visit Soca Islands Platform (even you have not registered an User Account or logged in), make reservations for any intended Services or use the Services, we may collect and process certain information (which may contain your Personal Information or may contain non-personally identifiable information but nevertheless linked to your Personal Information) including but not limited to those set out below: Copies of correspondence (whether by e-mail, instant or personal messaging or otherwise) between you and us; and between you and the Operators;

(b) Details of your usage of Soca Islands Platform (including traffic data, location data and length of user sessions);

(c) Feedback on and responses to surveys conducted by Soca Islands relating to the Services and newsletters which may be published, circulated or distributed by Soca Islands;

(d) Information automatically collected and stored in our server or the server of our third party services provider by using or accessing to Soca Islands Platform (including the log-in name and password for your User Account, your computers Internet Protocol (IP) address, browser type, browser information, device information (including unique device identifier), pages visited, previous or subsequent sites visited).

3) When you use your mobile devices to visit Soca Islands Platform, we may collect information about you and your mobile device as stated above. This can include location information if you have consented and configured your mobile device to send us such information or upload photos with location information to Soca Islands Platform. Such location information will be used in the ways and for the purposes as stated in this Privacy Policy. For example, we may use your location to suggest nearby Services during your travel or provide personalised content. You can change your mobile device’s privacy settings at any time to deactivate the function of sharing location information. Please note some features of Soca Islands Platform may be affected if you turn off such location sharing function. Should you have any enquiries about your mobile devices’ privacy settings, we recommend you contacting your mobile services provider or the manufacturer of your device.

4) For your payment safety and to avoid misuse of your credit card information, Soca Islands may ask for your credit card details and a copy of a government issued ID to verify your purchase after payment is complete. For privacy reasons, you will be asked to cover your ID number and your credit card number except for the last 4 digits.

STORAGE OF INFORMATION
The Personal Information and other data we collect from you may be transferred to, processed, and stored in our servers or the servers of our third party services providers. Your Personal Information will be stored as long as is necessary to fullfil any of the purposes described in this Privacy Policy, or to comply with any contractual, legal, tax or accounting requirement.

When it is no longer necessary for us to process your Personal Information, we will either delete or anonymise the data or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information.

We will endeavor to anonymise or aggregate your data if we intend to use it for analytical purposes or trend analysis.

Soca Islands will use reasonable endeavours to maintain appropriate physical, electronic and organisational procedures to ensure that your Personal Information and other data is treated securely and in accordance with this Privacy Policy, and to protect such data against unauthorized access or unauthorized alteration, disclosure or destruction of data.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. Soca Islands does not give any representation, warranty or undertaking that the Personal Information you provide to us will be secure at all times, and to the extent Soca Islands has fulfilled its obligations under no circumstances shall Soca Islands be responsible for any losses, damages, costs and expenses which you may suffer or incur arising from unauthorised access to or use of your Personal Information.

All payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using online encryption technology. You are responsible for keeping your chosen password confidential and not to share your password with any third party.

USAGE OF INFORMATION
We process the Personal Information collected in as far as necessary for performance of the contract with and providing services to you. Besides, we process the other Personal Information collected on the basis of our legitimate interests, which are the further improvement of the services and for direct marketing purposes.

For example, Soca Islands will use Personal Information and other data collected through Soca Islands Platform or when making purchases for the Services to create your User Account, to provide you with the Services, to continually improve Soca Islands Platform and the Services, and to contact you in relation to the Services. This includes using your Personal Information or such other data to achieve faster purchase requests, better customer support and to provide you with timely notice of new Services and special offers.

From time to time, we may also make use of your Personal Information to contact you for feedback on your use of Soca Islands Platform, to assist us in improving Soca Islands Platform, or to offer special savings or promotions to you, where you have indicated your consent to receiving such communications. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by replying to us through the hyperlink provided in these notices.

DISCLOSURE OF INFORMATION
We may from time to time share and disclose your Personal Information and other data to third parties, some of whom may be located outside your home country. The circumstances under which such sharing and disclosure will take place may include without limitation, the following:

1) To successfully complete your reservations or otherwise implement our Terms of Use. We may share your information with Operators or third parties who deliver or provide goods and services or otherwise act on our behalf.

2) If you are a visitor, to the relevant Operator in connection with a Services which you have made reservations for or intend to make reservations for.

3) If you are an Operator, to any visitor in connection with the Services you are offering.

4) To our third party service providers (including Google Analytics), which we engage amongst others for the performance of certain services on our behalf, such as web hosting services, data analysis, marketing, market research, and to otherwise provide you with customer service.

5) If and to the extent required by any applicable law, order of court or requests by any governmental authority to make such disclosure.

6) Within Soca Islands. In case of a corporate transaction, in connection with the sale, merger, acquisition, or other corporate reorganization or restructuring of our corporation, your Personal Information may be disclosed, shared or transferred to the new controlling entity or its authorised third party for carrying on our business.

7) To our advisors, agencies or other parties concerned in order to protect the rights and property of SOCA ISLANDS.

8) In any other case, to any third parties with your prior written consent (and in which case we will make it possible for you to withdraw your consent as easily as it was to provide consent).

We may also share aggregate or anonymous information with relevant third parties, including our advertisers and service providers. Such information does not contain any Personal Information and will not identify you personally. However, in some occasions, these third parties may possess information about you or obtain your information from other sources. When they combine such information with our aggregate information, they may be able to identify you personally.

Your Personal Information may be transferred outside of your home country and outside of the European Union, for the abovementioned purposes. If such transfer takes place to a country that does not provide an adequate level of protection, Soca Islands will use reasonable endeavours to ensure that appropriate safeguards are in place.

There may be links present on Soca Islands Platform which could result in you leaving Soca Islands Platform and/or being taken to other third party websites. You should note that any Personal Information that you provide to these third party websites are not subject to this Privacy Policy, and Soca Islands is not liable for any losses, damages, costs or expenses which you may suffer or incur in connection with you providing or making available Personal Information or other data to such third party websites.

THE RIGHTS OF USERS
Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

HOW TO EXERCISE THESE RIGHTS
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

COOKIES
This Application uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.

YOUR RIGHTS
You may at all times access, correct or erase your Personal Information through Soca Islands Platform via the user portal. Alternatively, you may make your data access, correction or erasure request by sending your request by email at [email protected].

Where mandatory under applicable legislation, you may also request restriction of processing of your Personal Information or object to processing by sending your request or objection by email at [email protected]. You may also request a copy of the information that we hold about you by sending your request by email at [email protected].

Please contact us via the contact details mentioned below if you have a complaint regarding the processing of your Personal Information.

When handling any of these requests described above, we have the right to check the identity of the requester to ensure that he/she is the person entitled to make the request.

ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING

LEGAL ACTION
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

ADDITIONAL INFORMATION ABOUT USER’S PERSONAL DATA
In addition to the information contained in this privacy policy, this website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this website and any third-party services may collect files that record interaction with this website (System logs) use other Personal Data (such as the IP Address) for this purpose.

INFORMATION NOT CONTAINED IN THIS POLICY
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

HOW “DO NOT TRACK” REQUESTS ARE HANDLED
This website does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

CHANGES TO THIS PRIVACY POLICY
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

This policy was updated on June 29 2019.

SOCA ISLANDS COOKIE POLICY.
Cookies consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User’s consent.

Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

Technical Cookies and Cookies serving aggregated statistical purposes

If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed information.

ANALYTICS: The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google LLC)
Google Analytics is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

How to provide or withdraw consent to the installation of Cookies
In addition to what is specified in this document, the User can manage preferences for Cookies directly from within their own browser and prevent – for example – third parties from installing Cookies.

Through browser preferences, it is also possible to delete Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.

Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party’s privacy policy, or by contacting the third party.

Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

Owner and Data Controller: Roger Kirton
Owner contact email: [email protected]

Since the installation of third-party Cookies and other tracking systems through the services used within this Application cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.

These terms and conditions were updated on June 26 2019.

SOCA ISLANDS LEGAL DEFINITIONS

PERSONAL DATA (OR DATA)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

USAGE DATA
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

USER
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

THIRD-PARTY
Third-party may refer to a Soca Islands supplier involved in the fulfillment of a customer’s reservation. Examples include, but not limited to party promoters, carnival bands, J’ouvert bands, hotel/accommodation providers, tour operators, airlines and transportation providers.

DATA SUBJECT
The natural person to whom the Personal Data refers.

DATA PROCESSOR (OR DATA SUPERVISOR)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

DATA CONTROLLER (OR OWNER)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

THIS WEBSITE (OR THIS APPLICATION)
The means by which the Personal Data of the User is collected and processed.

SERVICE
The service provided by this Website as described in the relative terms (if available) and on this site/application.

EUROPEAN UNION (OR EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

COOKIES
Small sets of data stored in the User’s device.

LEGAL INFORMATION
The privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

These policies relate solely to this Website, if not stated otherwise within this document.