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.
- These terms and conditions shall supersede and/ or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.
- Travel Agents: Any travel agent used by Guest to make reservations is, for all purposes, Guest's agent and represents has the authority to receive notice of these Terms and Conditions on behalf of the Guest. Guest's travel agent agrees also to notify a Guest of these Terms and Conditions. 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.
- 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.
- Payments Required to Secure Reservation: A minimum deposit of $400 per room plus airfare (if reserved through Unique Vacations) is due when booking to secure a reservation. Unique Vacations 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 Vacations 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.
- Cancellation Charges: 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, $200.00 per person, including any airfare. If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any airfare. 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 stand alone 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.
- 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 bookings 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 of travel; a revision fee of $200.00 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.
- 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.
- 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.
- 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.
- 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. 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.
- 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.
- 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.
- 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.
- Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
- Compliance with Local 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.
- 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.
- 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, LTD. 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, OR THE HOTEL, HOTEL MANAGEMENT COMPANY, AND/OR THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OR EMPLOYEES, 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, Ltd., the hotel, hotel management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees, 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. 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:
- 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.
- 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.
- Otherwise, see Paragraph 5 above.
- LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE VACATIONS, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, SRI, THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS 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.
- LIMITATION OF DAMAGES: UNIQUE VACATIONS, SRI, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AND EMPLOYEES 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.
- 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.
- WAIVER OF LIABILITY: CANTILEVERED PRIVATE PLUNGE POOL WITH INFINITY EDGE AT SANDALS LA SOURCE LOCATED IN GRENADA The Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the following waiver provision: THE BALCONIES OF SOME OF THE ROOMS AT THE SANDALS LASOURCE GRENADA ARE EQUIPPED WITH A CANTILEVERED PRIVATE PLUNGE POOL WITH INFINITY EDGE ("BALCONY INFINITY POOL"). UNDERSIGNED GUEST(S) ACKNOWLEDGES AND AGREES TO FOLLOW ALL POSTED SAFETY PRECAUTIONS RELATED TO THE BALCONY INFINITY POOL INCLUDING, BUT NOT LIMITED TO, THE STRICT PROHIBITION AGAINST ENTERING THE INFINITY POOL'S OVERFLOW CHANNEL, RESTING, SITTING OR CLIMBING ON THE WALL(S) AND/ OR EDGE(S) OF THE BALCONY INFINITY POOL. IN DOING SO, UNDERSIGNED GUEST(S) HEREBY DISCHARGES AND HOLDS HARMLESS THE RELEASEES FROM ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS AND/OR EXPENSES WHICH MAY ARISE OUT OF OR IN ANY WAY CONCERN THE UNDERSIGNED GUEST'S (OR GUESTS') USE OF THE BALCONY INFINITY POOL. UNDERSIGNED GUEST(S) UNDERSTANDS AND ACKNOWLEDGES THAT THIS WAIVER INCLUDES CLAIMS BASED ON NEGLIGENCE AND/OR THE ACTION(S) OR INACTION(S) OF THE RELEASEES. 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 is required to provide a copy of the Notice (in Paragraph 21) to the Guest. Should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific waiver provision, the following minimum cancellation charges are: 1. No charge, if notice or cancellation is within 3 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.