THESE TERMS AND CONDITIONS GOVERN THE CONTRACT FOR HOTEL ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES BETWEEN YOU AND ANYONE TRAVELING WITH YOU (COLLECTIVELY AND INDIVIDUALLY "GUEST") AND UNIQUE VACATIONS, LTD. ("UNIQUE VACATIONS"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.YOUR ACCEPTANCE OF TICKETS OR VOUCHERS FROM UNIQUE VACATIONS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "CONTRACT").
Additional Definitions: As used herein, "Arrival" means the Guest's arrival at the Hotel for the start of their vacation. "Hotel" means the resort(s) visited by Guest.
1. These terms and conditions shall supersede and/or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.
2. Travel Agents: Any travel agent used by Guest to make reservations is, for all purposes, Guest's agent. Neither Unique Vacations nor the Hotel shall be liable for any representations made by Guest's travel agent. No travel agent has the authority to modify or waive these terms and conditions.
3. Rates: All rates are subject to change until purchase price is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges; fare increases, fuel or other surcharges, or other events beyond Unique Vacations' control. Unique Vacations may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of your reservation. All rates are in U.S. dollars.
4. Deposit, Payment & Cancellation Terms:
A minimum deposit of US$400 per room plus airfare (if reserved through Unique Travel) is due when booking to secure a reservation. Unique Travel must receive full and final payment of the purchase price no later than 45 days prior to the date of Arrival. Bookings made 45 days or less prior to Arrival must be paid in full when booking. Unique Travel may cancel any booking and release any Hotel or air reservation for which payment has not been received at least 45 days prior to Arrival. The date for full and final payment may be subject to change during certain periods. Guest's invoice will provide notice of any such change. Payment and cancellation policy may vary during holiday periods (see Special Deposit, Payment and Cancellation Terms).
For cancellation by Guest, cancellation charges depend on when Unique Vacations receives notice of the cancellation. Insurance premiums are NON-REFUNDABLE. Minimum cancellation charges are as follows:
If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any applicable airline fees.
Certain airfares may be non-refundable regardless of time of cancellation. All cancellations of, or changes to airfares are subject to applicable airline carrier restrictions. All airfare must be sold in conjunction with a Resort stay. Airfare cannot be sold as a standalone item. Unique Vacations will apply any payments made toward the purchase price against any cancellation charges and will refund any balance remaining after the payment of any charges. In order to receive a refund, if applicable, Guest must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges.
5. Special Deposit, Payment & Cancellation Terms
2017:Guests traveling between November 21st, 2017 and November 25th, 2017 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of September 15th, 2017. Guests traveling between December 18th, 2017 and December 31st, 2017 are required to pay a deposit of US$800.00 which becomes non-refundable as of May 1st, 2017 and full payment is due, and non-refundable, as of September 1st, 2017.
2018: Guests traveling between February 9th, 2018 and February 23rd, 2018 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of December 9th, 2017. Guests traveling between November 20th, 2018 and November 24th, 2018 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of September 14th, 2018. Guests traveling between December 18th, 2018 and December 31st, 2018 are required to pay a deposit of US$800.00 which becomes non-refundable as of May 1st, 2018 and full payment is due, and non-refundable, as of September 1st, 2018.
2019: Guests traveling between February 8th, 2019 and February 22nd, 2019 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of December 8th, 2018. Guests traveling between November 26th, 2019 and November 30th, 2019 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of September 13th, 2019. Guests traveling between December 18th, 2019 and December 31st, 2019 are required to pay a deposit of US$800.00 which becomes non-refundable as of May 1st, 2019 and full payment is due, and non-refundable, as of September 1st, 2019.
6. Changes to Reservations: If Guest desires to change, but not cancel, a reservation, then they will be subject to the following: At any point prior to travel, guests making revisions to their booking to upgrade (i.e. add nights, adding rooms, additional persons), there is no charge. Any other revisions to the booking (i.e. subtracting number of nights, subtracting rooms) received between 30 and 15 days prior to travel; a revision fee of US$200 per person would apply. For other revisions received 14 days or less prior to travel; they will be subject to full penalty. All requested changes to reservations are subject to Unique Vacations' sole discretion, and any changes must be approved in writing. Only one name change permitted. Changes are subject to all applicable airline fare increases, government taxes, security fees, fuel surcharges and other charges and restrictions. If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
7. Special Requests: Unique Vacations cannot guarantee that it will satisfy special requests (including but not limited to requests for specific rooms or room locations, adjoining rooms, bed sizes, special in-flight meals or seating). Unique Vacations is not responsible if such requests are not met.
8. Persons with Disabilities: Unique Vacations cannot guarantee that destination airports, airport transfer vehicles, or Hotel accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability.
9. Room and Hotel Changes: Unique Vacations may, for any reason, at any time, and without prior notice, substitute Hotels and/or rooms for accommodations of equal or greater value than those specified in Guest's reservation. Unique Vacations shall not be liable for any loss or injury to Guest caused by such substitution of Hotel and/or rooms.
10. Flights and Air Carriers: All flight times, itineraries, carriers, equipment, and check-in times are subject to change or cancellation without notice. Guest should contact the airline within twenty four hours of departure to confirm flight times, itineraries, and check-in. Certain fare class (special fares) do not allow for upgrades, preferential seating and other auxiliaries. Unique Vacations is not responsible for any loss or injury to Guest for missed flights or connections, or if Guest is denied boarding. Guests with connecting flights should allow ample time for connections as specified by the airline and/or the connecting airport. Carriage and services provided by the airline, and the airline tickets are subject to the Warsaw Convention. Charter flights are conducted pursuant to U.S. Department of Transportation Charter Regulation, Part 380.
11. Airline Tickets & Vouchers: All airline tickets are sent to Guest or Guest's travel agent approximately three weeks prior to travel. Airline tickets may be in the form of E-Tickets or paper tickets. Guests are responsible for said tickets. All airfares are set by the issuing airlines and are valid only for the specific flight purchased. Airline tickets may or may not be exchanged for other flights, depending on the rules of the issuing airline. Airfare may be completely non-refundable regardless of time of cancellation or change, depending on applicable airline carrier restrictions. A Hotel voucher is provided with the airline tickets and is required for check-in at the Hotel. Unique Vacations is not responsible for Guest's failure to safeguard airline tickets or Hotel vouchers.
12. Travel Documents: PROOF OF CITIZENSHIP IS GUEST'S RESPONSIBILITY. Guest is responsible for furnishing proof of citizenship in the form of a valid passport, and any other documentation necessary for travel. Guest should consult with their travel agent or airline, or appropriate government authorities to ascertain what documentation is necessary. Guest may be refused passage/entry if they do not possess necessary travel documents. Unique Vacations is not responsible for Guest's failure to obtain and safeguard necessary travel documents.
13. Customs and Immigration: Customs and/or immigration officials may, at their own discretion, deny Guest entry into their country, and/or seize, confiscate, or impound personal property. Unique Vacations is not liable for any loss or injury arising from Guest being denied entry into any country or the seizure, confiscation, or impoundment of any personal property.
14. Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
15. Compliance with Local and Other Law: Guest is responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither Unique Vacations nor any Hotel has any duty to inform or warn Guest about the destination's laws and/or regulations. Unique Travel and the Hotel also regularly conduct business by electronic means (e.g., iPad) and signature, including but not limited to required SIGNING AND ASSENT AT CHECK-IN (in Paragraph 17.C), required SIGN AND ASSENT to any waiver provision (in Paragraph 21), and voluntarily signed and assented to waiver, agreement and/or release by Guest, and by continuing with the reservation and booking to CHECK-IN, Guest hereby ACKNOWLEDGES AND AGREES to the same, as applicable.
16. Airport Departure Taxes: Guest may be required to pay airport departure taxes to the government of their destination for each traveler as required by local law. Such taxes may not be included in the price of their vacation.
17. FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST UNIQUE VACATIONS ONLY:
ALL CLAIMS WHATSOEVER AGAINST UNIQUE VACATIONS, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO HOTEL, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE CONTRACT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE STATE OR FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.
B. CLAIMS WHICH INCLUDE HOTEL AND/OR Sandals Resorts International LIMITED.
THE FOREGOING IN PARAGRAPH 17.A. NOTWITHSTANDING, ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH, THAT INCLUDE ANY CLAIM WHATSOEVER AGAINST Sandals Resorts International LIMITED., the hotel, hotel management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives, AND TO WHICH CLAIM UNIQUE VACATIONS IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF [the country in which the hotel is physically located] and governed exclusively by the laws of [the country in which the hotel is physically located].
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT HOTEL CHECK-IN
Notwithstanding the terms set forth in Paragraph 17.A. and 17.B. of this Contract, the Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the following forum selection and choice of law provisions:
The undersigned Guest(s) HEREBY KNOWINGLY AND VOLUNTARILY AGREES that any and all claims that each such Guest may have against Sandals Resorts International Limited., the hotel, hotel management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives, in connection with or in any way incident or related to the undersigned Guest's (or Guests') stay at the hotel/resort, shall be governed solely by the laws of [the country in which the Resort is physically located] as the exclusive choice of law, and further that the [courts of the country in which the Resort is physically located] shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever.
The Guest is required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, and signature may be by electronic means (e.g., iPad), and the Guest is hereby on notice of same for acknowledgement and agreement.
IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE HOTEL. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.
The Guest's Tour Operator and/or Travel Agent (to the extent one has been used) is being provided with this Notice and, in turn, said Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraph 17.C) to the Guest.
Should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific forum selection and choice of law provisions, the following minimum cancellation charges are:
1. No charge, if notice of cancellation is within 3 business days of booking with Sandals, provided that cancellation is greater than 45 days prior to Arrival.
2. 1 night Penalty, including any airfare, if notice is between 5 to 0 days prior to Arrival, in the event there are 5 days or less between booking with Sandals and scheduled arrival at the Hotel.
3. Otherwise, see Paragraph 5 above.
D. Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to assent to the following Use of Guest's Likeness provision: The undersigned Guest(s) grants Sandals and Beaches Resorts and/or its promotional partners the exclusive right to photograph and video you during your stay at the hotel and include such photographic, video and other visual portrayal(s) of the undersigned Guest(s), in any medium of any nature whatsoever, for any purpose, including without limitation trade, advertising, sales, publicity or otherwise, without compensation to such Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of Sandals and Beaches Resorts, free from any claims by the undersigned Guest(s) and or any person deriving any rights or interest from such Guest AND each undersigned Guest(s) UNDERSTANDS AND HEREBY KNOWINGLY AND VOLUNTARILY SO AGREES. IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE HOTEL. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.
18. LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE VACATIONS, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, Sandals Resorts International Limited, their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents or representatives RELATING TO PERSONAL INJURY, ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED TO UNIQUE VACATIONS, LTD. ATTENTION: CLAIMS, P.O. BOX CR-56766, NASSAU, BAHAMAS, AND IS RECEIVED WITHIN SIX MONTHS AFTER THE DEATH OR LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS. IN NO EVENT SHALL SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE YEAR AFTER THE DEATH, LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS
19. LIMITATION OF DAMAGES: UNIQUE VACATIONS, Sandals Resorts International Limited, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, THEIR PARENT CORPORATION,* affiliates, subsidiaries, insurers, directors, officers, employees*, successors, assigns, agents or representatives SHALL NOT BE LIABLE TO GUEST IN ANY CIRCUMSTANCES, FOR: (A) ANY PERSONAL INJURIES OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY AIR CARRIER OR GROUND TRANSPORTATION CARRIER; (B) EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND; OR (C) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES.
20. All Other Defenses Preserved: Nothing in this Contract shall exclude the application of any defense, including but not limited to any governing law limiting or excluding actions, claims, liability or damages.
21. Our resorts provides and serves alcoholic beverages for reasonable consumption by, and the entertainment and enjoyment of, its Guests of legal drinking age at each of its hotels/resorts. The undersigned Guest staying at the hotel/resort along with a minor or child (i.e., any individual or person under the age of 18)HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGES AND AGREES that the responsible adult Guest shall not furnish, supply, or knowingly allow or permit the use, consumption and/or possession of alcoholic beverages by a minor or child during their stay. If the undersigned Guest knows or has reason to know of the illegal use, consumption and/or possession by a minor or child of alcoholic beverages at the hotel/resort, and thereafter permits such use, consumption and/or possession, and the intoxicated minor or child injures or kills themselves or another, the undersigned Guest, by affixing their signature below, understands by agreement and acknowledgement that it is possible the injury, death, damage or destruction occurred with and/or without fault on the part of the hotel/resort, its employees or agents, HEREBY DISCHARGES AND HOLDS HARMLESS Sandals Resorts International, Ltd., the hotel/resort, hotel management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees from all claims, demands, actions and/or damages one may have against the hotel/resort, its employees or agents in connection with or in any way incident or related to the injury, death, damage or destruction suffered.