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9
Loyalty & Travel - Changes to Reservations: Any changes/revisions made to a reservation including but not limited to: changes in dates, resort, room category, number of nights, number of guests and/or name changes will be subject to the current rates and promotions at the time of change. Guest will be responsible to pay for any difference in price. In the event of a change in value added promotions, the value-add promotions at the time of the change will supersede the previous offer; guests will receive only the promotions offered at the time of the change.
TRAVEL DATE REVISIONS ARE LIMITED TO A SIX (6) MONTH TRAVEL WINDOW FROM ORIGINAL TRAVEL DATES.
9.1
Sandals Loyalty & Travel reservation Revisions made 30 - 15 days prior to arrival which include but not limited to changing dates, reducing nights, reducing number of rooms and downgrading room category/ies will attract a penalty fee of $200 per person. Revisions made 14 days or less prior to arrival date, which include but are not limited to reducing number of nights, reducing number of persons and/or downgrading room category will be subject to full penalty.
9.2
Beaches Loyalty & Travel Reservation Revisions made 30 - 15 days prior to arrival which include but not limited to changing dates, reducing nights, reducing number of rooms and downgrading room category/ies will attract a penalty fee of $200 per person. Revisions made 14 days or less prior to arrival date, which include but are not limited to reducing number of nights, reducing number of persons and/or downgrading room category will be subject to full penalty.
9.3
Beaches Loyalty & Travel Reservations with the following travel dates will incur a $200 per person revision fee for any TRAVEL DATE CHANGES made within 120-31 days prior to original arrival date:
2020:
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- February 15th – February 21st, 2020;
- March 13th - March 27th, 2020;
- April 5th - April 19th, 2020;
- November 21st - November 27th, 2020;
- December 19th – December 31st, 2020;
2021:
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- February 13th – February 19th, 2021;
- March 13th - April 11th, 2021;
- November 20th- November 26th, 2021;
- December 18th- December 31st, 2021.
2022:
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- February 19th – February 25th, 2022;
- March 12th – March 26th, 2022;
- April 10th – April 24th, 2022;
- November 19th- November 25th, 2022;
- December 21st- December 31st, 2022.
2023:
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- February 18th - February 24th, 2023;
- March 11th – March 25th, 2023;
- April 2nd – April 16th, 2023;
- November 18th- November 24th, 2023;
- December 21st- December 31st, 2023.
9.4
Reservations with the following travel dates will incur a $200 per person revision fee for any TRAVEL DATE CHANGES made within 90-31 days prior to original arrival date :
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- June 1st - August 15th, 2020
- June 1st - August 15th, 2021
- June 1st - August 15th, 2022
- June 1st - August 15th, 2023
9.5
All requested changes to reservations are subject to Unique Travel's sole discretion.
9.6
Only one name change is permitted per reservation.
9.7
Changes are subject to all applicable airline fare increases, government taxes, security fees, fuel surcharges and other charges and restrictions.
9.8
If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
10
Special Requests: Unique Travel cannot guarantee that it will satisfy special requests including but not limited to requests for specific Hotel or Villa locations, adjoining rooms, bed sizes, and special in-flight meals or seating. Unique Travel is not responsible if such requests are not met.
11
Persons with Disabilities: Unique Travel 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.
12
Room and Hotel Changes: Unique Travel 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 Travel shall not be liable for any loss or injury to Guest caused by such substitution of Hotel and/or rooms.
13
Substitution of Hotel: Unique Travel reserves the right to substitute Hotel(s)s for other Hotel(s) in a similar category, to substitute air carriers and to change dates without prior notice should circumstances so require. The Terms & Conditions agreed to by the guest shall apply with equal applicability to any resort which is the subject of substitution or deviation. Unique Travel nor Sandals and Beaches resorts shall not be liable for any claim made by the guest whatsoever, including but not limited to loss, compensation, or refund by reason of such substitution or deviation.
14
Future Air: Future Air is only an option for reservations made at the Loyalty & Travel Desk. A non-refundable $50 deposit per person is required for Future Air option. Quoted air rate is guaranteed inclusive of tax. Fuel surcharges are not guaranteed. Air carrier, flight schedules and routings will be provided when available. (Approximately 150 days prior to departure date). Submitted flight schedule must be accepted and paid for within 72 hours; in the event the aforementioned payment is not received, the Future Air will be cancelled, and the non-refundable future air deposit will be applied to the room balance. All air tickets are quoted for economy seats; upgrades to tickets will result in a revision to air rate. Voluntary changes to air carrier, flight schedules and routings may result in a revision to air rate. The purchase of Future Air does not guarantee a non-stop flight or a specific carrier. Certain carriers require full payment at the time a schedule is obtained. Name changes on tickets are not permitted. Revisions such as but not limited to date change and/or gateway changes are subject to new pricing and fees imposed by the flight carrier. Cancellation of room will automatically cancel air.
15
Flights & 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 Travel 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.
16
Airline Tickets & Vouchers: All airline tickets are sent to Guest or Guest's travel agent or tour operator approximately three weeks prior to travel. Airline tickets may be in the form of E-Tickets or paper tickets. Guests are solely 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 Travel is not responsible for Guest's failure to safeguard airline tickets or Hotel vouchers.
17
COVID-19: A respiratory virus, called Covid19, has been identified as the cause of an outbreak of respiratory illness that began in December 2019 in the city of Wuhan, Hubei Province, China. Additional cases have been identified in other countries. You can find updated information on the Center for Disease Control’s website. The health and safety of our guests is our number one priority. Prior to entering the Hotel, all guests will be administered a no-touch thermal scan to screen for fever. Anyone with any fever (≥38 C°/100.4 F°) will not be allowed to enter the Hotel. There is a risk in entry regardless of temperature checks, and all guests enter at their own risk. If you experience any symptoms of any illness while at the Hotel, please stay in your room and contact the Medical Center. Consultation charges will be waived. If you develop symptoms after leaving the resort, see a doctor right away and advise the Hotel. All guests acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and hold harmless Unique Travel Corp and Sandals Resorts International Limited, and their respective parent corporations, affiliates, subsidiaries insurers, directors, officers, employees, successors, assigns, agents and representatives, against any claims and/or damages whatsoever, including legal fees relating to any infection, transmission, health condition influenced or otherwise impacted or complication by COVID-19.
18
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 international travel. Guest should consult with their travel agent, or tour operator or airline, or appropriate government authorities to ascertain what documentation is necessary. Guest may be refused passage/entry if they do not possess the necessary travel documents. Unique Travel is not responsible for Guest's failure to obtain and safeguard necessary travel documents.
19
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 Travel 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.
20
Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
21
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 Travel nor any Hotel Related Entities has any duty to inform or warn Guest about the destination's laws and/or regulations. Unique Travel and the Hotel Related Entities 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 24.C), required SIGNING AND ASSENT to any waiver provision (in Paragraphs 28 and 29), and voluntarily signing and assent 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.
22
Compliance With Government Entities: Unique Travel, its affiliates, and parent as well as Sandals Resorts International Limited and/or Hotel related entities shall have the right to comply with any orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of this agreement entitling the guests to assert any claim for liability, compensation or refund.
23
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.
24
FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST UNIQUE TRAVEL AND/OR ANY AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTRACTORS ONLY: ALL CLAIMS WHATSOEVER AGAINST UNIQUE TRAVEL, AND/OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTRACTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO HOTEL WHICH THE GUEST(S) CONTRACTED FOR OR RESIDED AT, 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, FOR PERSONAL INJURY, ILLNESS, OR DEATH, OR IN CONTRACT, OR PURSUANT TO ANY STATUTE, 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 WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF. GUEST(S) AGREE(S) TO PERSONAL JURISDICTION AND VENUE EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE RESORT IS PHYSICALLY LOCATED FOR ANY PROCEEDINGS, CLAIMS OR LITIGATION WHATSOEVER.
B. CLAIMS WHICH INVOLVE SANDALS RESORTS INTERNATIONAL LIMITED AND/OR HOTEL RELATED
ENTITIES, DIRECTLY OR INDIRECTLY - NOTWITHSTANDING CLAIMS IN THE FOREGOING PARAGRAPH 24.A.,
ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO GUEST'S VISIT TO
HOTEL WHICH THE GUEST(S) CONTRACTED FOR OR RESIDED AT, INCLUDING, BUT NOT LIMITED TO, ANY
CLAIMS RELATING TO PERSONAL INJURY, ILLNESS OR DEATH, OR IN CONTRACT, OR PURSUANT TO ANY
STATUTE, 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,
PARTNERS, JOINT VENTURES, AGENTS AND REPRESENTATIVES, DIRECTLY OR INDIRECTLY, EXPLICITLY OR
IMPLICITLY, AND TO WHICH CLAIM UNIQUE TRAVEL AND/OR ANY OF ITS AFFILIATES, PARENTS,
SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS
OR CONTRACTORS WHO MAY ALSO BE 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. 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.
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT HOTEL CHECK-IN - Notwithstanding the terms set forth in Paragraphs 24.A. and 24.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 Forum Selection and Choice of Law provisions.
D. The Guest is required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, signature may be by electronic means (e.g., iPad), and the Guest is hereby on notice of same for acknowledgement and agreement.
E. 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 24.C) to the Guest.
F. AT CHECK IN 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 cancellation penalty charges are 100% of the purchase price, including any applicable airline fees.
25
CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS TICKET CONTRACT. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST'S CLAIM IS SUBJECT TO LEGAL PROCEEDING UNDER PARAGRAPH 24 ABOVE, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE PROCEEDING OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ANY CLAIMS HEREIN. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE FORUM SELECTION AND CHOICE OF LAW PROVISION SET FORTH IN PARAGRAPH 24 ABOVE. Guest agrees that the parties referenced in PARAGRAPH 24 ABOVE that may be the subject of any claim by Guest can receive immediate judicial assistance to enforce this class action waiver.
26
LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE TRAVEL, 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 TRAVEL CORP. ATTENTION: CLAIMS, CALLE AQUILINO DE GUARDIA, NO. 8, IGRA BUILDING, PANAMA, REPUBLIC OF PANAMA 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.
27
LIMITATION OF DAMAGES: UNIQUE TRAVEL, 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.
28
WAIVER OF LIABILITY: CANTILEVERED PRIVATE PLUNGE POOL WITH INFINITY EDGE AT SANDALS LA SOURCE LOCATED IN GRENADA AND AT SANDALS ROYAL BARBADOS IN BARBADOS - 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 SANDALS LASOURCE GRENADA AND SANDALS ROYAL BARBADOS 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, AND EVEN SO UNDERSIGNED GUEST(S) ACKNOWLEDGES HE OR SHE IS HEREBY ON NOTICE OF THE SAME AND AGREES TO ASSUME ANY ASSOCIATED RISKS. IN DOING SO, UNDERSIGNED GUEST(S)HEREBY WAIVES, DISCHARGES AND HOLDS HARMLESS UNIQUE TRAVEL, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, Sandals Resorts International Limited, and their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents or representatives (TOGETHER, 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. By signing below, undersigned guest(s) acknowledges that a different room without a balcony infinity pool is readily available for undersigned guest(s) and that he/she/they have declined such alternative accommodation.
28.1
The Guest will be required to SIGN AND ASSENT to the above waiver provision AT HOTEL CHECK-IN by electronic means (e.g., iPad) and Signature, and the Guest is hereby on notice of the same for acknowledgement and agreement.
28.2
IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL BE DENIED ACCESS TO ROOMS EQUIPPED WITH A BALCONY INFINITY POOL AND/OR 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.
28.3
The Guest's Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 28) to the Guest(s). Should the Guest(s) decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific waiver provisions, the same minimum cancellation charges set forth in clauses 4.1 and 4.2 above will apply.
28.4
AT CHECK IN should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific Waiver provisions in paragraphs 28, the cancellation penalty charges are 100% of the purchase price