IMPORTANT: THE FOLLOWING TERMS AND CONDITIONS GOVERN THE CONTRACT BETWEEN ALL TRAVELERS AND HOTEL GUESTS (INDIVIDUALLY AND COLLECTIVELY “GUEST”), THE FAIRWEATHER GROUP, INC. D/B/A ELITE ISLAND RESORTS (“ELITE”), AND THE HOTEL PROVIDING ACCOMMODATIONS AND SERVICES TO GUEST PURSUANT TO A CONFIRMED BOOKING (“HOTEL”). YOUR ENJOYMENT OF YOUR VACATION IS IMPORTANT TO US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE YOUR COMPLETE UNDERSTANDING AND AGREEMENT. IN CONSIDERATION OF THE BOOKING CONFIRMATION AND/OR TICKETS ISSUED TO YOU BY ELITE AND/OR ANY THIRD PARTY TOUR OPERATOR, TRAVEL AGENT, OR TRAVEL PROVIDER, ALONG WITH OTHER GOOD AND VALUABLE CONSIDERATION, ALL GUESTS HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“CONTRACT”):
1. Payment. Bookings made with Elite require a $300 deposit, per Guest, within 48 hours after making a Hotel booking; and the remaining balance is due no more than 45 days prior to arrival (or 60 days prior to arrival over peak periods such as Christmas/New Year’s and the month of February). Payment terms may vary for bookings made through third party tour operators. If a third party tour operator fails to remit payment to the Hotel for a Guest’s booking, the Guest agrees that the Hotel may charge the Guest’s credit card for the full amount of the booking and the Guest agrees not to dispute any such charges. If the Guest’s credit card has insufficient credit, then the Guest agrees to remit payment in full by other reasonable means within 7 days after the Hotel’s payment request.
2. Cancellation and Change Charges Payable by Guest:
a. Cancellations more than 45 DAYS prior to arrival shall result in an administrative fee of $100 per room.
b. Cancellations within 45 TO 15 DAYS prior to arrival shall result in a charge equal to 3 nights’ stay at the Hotel at the booked rate plus an administrative fee of $100 per room as liquidated damages.
c. Cancellations within 14 DAYS prior to arrival shall result in a charge equal to the full amount (100%) of the Guest’s Hotel stay at the booked rate as liquidated damages.
d. Arrival date changes made within 45 DAYS prior to arrival may be allowed over non-peak periods, subject to availability. If availability is confirmed, a change fee of $50 per room shall be charged to Guest.
e. Additional payments or deposits may be required to secure airline reservations. Airline tickets are NON-REFUNDABLE once issued and are subject to change fees based on airline policy. Airline schedules, fees and taxes are subject to change by the airline without notice.
f. TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
3. Travel Delays and Cancellations. The Hotel and Elite shall NOT be liable for any refunds or other compensation due to travel delays, cancellations, any Guest’s inability to travel for any reason and any related losses or expenses including without limitation any losses or expenses resulting from “acts of God” or force majeure type events. TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
4. Airline Reservations. The Guest is responsible for reviewing all names, dates, and schedules for airline schedules for accuracy. The Guest is responsible for checking and confirming flight details prior to departure.
5. Check-in / Check-out. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Subject to availability, early check-in or late check-out may be available for an additional fee payable locally at the Hotel.
6. Passport and Credit Card Required for Check-In. Upon check-in at the Hotel, the lead Guest whose name the booking is under MUST PRESENT a VALID PASSPORT and a VALID MAJOR CREDIT CARD. The names on the booking confirmation, passport, and credit card must match. This is part of the Hotel’s ongoing efforts to prevent fraud and protect Guests’ identities.
7. Preauthorization at Check-In. Upon check-in at the Hotel, a credit card preauthorization in the amount of $300 will be completed to cover any room charges, incidentals, and damage. The preauthorization will be released at check-out assuming the Guest’s room bill has been paid in full. The Hotel accepts Visa, MasterCard, and Discover Card. The Hotel does not accept American Express.
8. Required Signing and Agreement at Hotel Check-In. Notwithstanding anything to the contrary, upon check-in at the Hotel, each adult Guest shall be required to sign the Hotel’s Guest registration form confirming the Guest’s agreement with the terms and conditions contained in Guest registration form. A copy of the terms and conditions included in the Hotel’s Guest registration form is attached to this Contract as Exhibit A. The Hotel’s Guest registration form specifies, among other things, that any claims or controversies arising out of or in connection with any Guest’s stay at or presence upon Hotel property—including the use of any related services, facilities, and amenities—shall be governed by and subject to the exclusive jurisdiction of the laws, courts, and authorities of the COUNTRY WHERE THE HOTEL IS PHYSICALLY LOCATED. IF THE GUEST REFUSES TO SIGN THE HOTEL’S GUEST REGISTRATION FORM, THE GUEST SHALL NOT BE PERMITTED TO CHECK-IN AND SHALL BE DENIED ACCESS TO THE HOTEL AND ITS SERVICES AND AMENITIES. THEREFORE, ADVANCE NOTICE OF THIS REQUIREMENT IS HEREBY PROVIDED AND THE GUEST SHALL BE DEEMED TO HAVE READ AND UNDERSTOOD THIS REQUIREMENT PRIOR TO MAKING THEIR HOTEL BOOKING. THE CANCELLATION CHARGES SET FORTH IN PARAGRAPH 2 OF THIS CONTRACT SHALL APPLY IF THE GUEST CHOOSES TO CANCEL OR CHANGE THEIR HOTEL BOOKING DUE TO AN UNWILLINGNESS TO SIGN AND AGREE TO THE HOTEL’S GUEST REGISTRATION FORM. THE REQUIREMENTS OF THIS PARAGRAPH 8 SHALL APPLY TO ALL HOTEL BOOKINGS WHETHER MADE DIRECTLY WITH THE HOTEL, THROUGH ELITE, OR THROUGH ANY OTHER THIRD PARTY TOUR OPERATOR OR TRAVEL AGENT.
9. Ground Transportation. Ground transfers and taxis are NOT INCLUDED. Taxis are typically readily available outside the airport’s baggage claim area. Prearranged ground transfers may be available at an additional cost.
10. Dress Code. Please check the Hotel’s website for restaurant dress codes. In general, casual and beach attire are acceptable for dining during the day (bathing suits must be covered and dry). Evening dining may require attire such as collared shirts, tailored shorts, long pants, dresses, skirts and similar attire (ie, no bathing suits, t-shirts, flip flops, or short-shorts). Topless (for female Guests) or nude sunbathing (for all Guests) is not permitted as per local law.
11. Force Majeure. The Hotel, Elite, and any third party tour operators and travel agents shall NOT be liable for any losses or damages due to events beyond their reasonable control including without limitation: acts or orders of governmental authorities; weather; fire; flood; earthquake; volcanic activity; lightning; airline delays or cancellations for any reason; utility outages; strike, lockout, or work stoppage; terrorism; or any event typically described as “force majeure” or an “act of God.” REFUNDS SHALL NOT BE OFFERED in the event of a late or delayed arrival to the Hotel. In the event of a delayed departure from the Hotel, Guests shall be required to pay locally for any additional nights at a rate not to exceed the Hotel’s night published (“rack”) rates. Again, TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
12. Insect-Borne Illness. The Hotel is located in a tropical environment. Although the Hotel maintains a year round pest control program, the Hotel, its owners, employees, agents, insurers, and suppliers shall absolutely NOT be liable for, and all Geusts shall HOLD HARMLESS the Hotel, its owners, employees, agents, insurers, and suppliers from any injury, illness, or loss resulting from exposure to Zika virus or any other insect-borne disease or similar tropical illness of any nature whatsoever. Potential Guests who are pregnant or may become pregnant should seek the advice of a qualified physician prior to travel.
13. Food Allergies and Dietary Restrictions. The Hotel’s food and beverage outlets use wholesome ingredients, which may include peanuts, tree nuts, seeds, shellfish, shrimp, seafood, soy, milk, wheat, and other POTENTIAL ALLERGENS. Due to the large scale of the Hotel’s food and beverage operations, the Hotel CANNOT GUARANTEE that food and beverage items will not come in contact with potential allergens EVEN IF a particular dish or item does not normally include such ingredients. Guests with food allergies or dietary restrictions should TAKE PRECAUTIONS. The Hotel is NOT ABLE to accommodate individually tailored meals or menus for specific guests based on their individual dietary needs. The Hotel and its owners, employees, agents, insurers, and suppliers SHALL ABSOLUTELY NOT BE LIABLE for, and all Guests shall HOLD HARMLESS all such parties, from any injury, illness or loss resulting from food allergies or the Hotel’s inability to meet specific dietary needs or requirements.
14. Guests with Disabilities. Due to the unique nature of the Hotel, its buildings, grounds, amenities, and services, the Hotel may not be suitable for Guests with certain disabilities and mobility issues. Some buildings, rooms, grounds, beaches, amenities, events, and services may not be accessible. Likewise, Guests with certain disabilities and mobility issues may encounter difficulties at local airports and with public and private transportation, walkways, buildings, facilities, services and events.
15. Forum Selection; Governing Law: As a condition of making any Hotel booking, all Guests hereby agree that the courts and authorities of THE COUNTRY WHERE THE HOTEL IS PHYSICALLY LOCATED shall have EXCLUSIVE JURISDICTION over any claims or actions of any nature whatsoever arising out of any act, omission, illness, injury, loss or other occurrence at the Hotel or anywhere in the country where the Hotel is physically located. All other jurisdictions that any Guest may have access to by reason of domicile or otherwise including without limitation the United States, Canada, and the United Kingdom are hereby irrevocably WAIVED. Any such claims or actions shall be governed EXCLUSIVELY by the laws and regulations of the country where the hotel is physically located. Any claim brought in an unauthorized jurisdiction shall be DISMISSED without prejudice, and all costs of such dismissal shall be borne by the party who brought the action in the unauthorized jurisdiction. The provisions contained in this Contract shall be LEGALLY BINDING on all Hotel Guests. In the event of a conflict between the provisions of this Contract and any other information or advertising relating to any Guest’s travel to or stay at the Hotel, the provisions contained in this booking confirmation SHALL CONTROL.
16. Limitations of Liability: UNDER NO CIRCUMSTANCES shall Elite, its owners, officers, employees, agents or insurers be liable for any claim or action of any nature whatsoever arising out of or in relation to any act, omission, illness, injury, loss or occurrence at the Hotel or in the country where the Hotel is physically located. Each Guest shall HOLD HARMLESS Elite and its owners, officers, employees, agents and insurers from any such Hotel-related claims and actions, and from any claims or actions based on the acts or omissions of any third party airline, transportation provider, and tour and excursion providers. UNDER NO CIRCUMSTANCES shall Elite, the Hotel, any third party tour operators or travel agents, or any of their respective owners, officers, employees, agents or insurers be liable for any consequential, incidental, punitive, or exemplary damages or any damages based on emotional distress, mental suffering, or psychological injury of any kind.
LIMITATIONS PERIODS: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO SUIT ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS OF ANY NATURE WHATSOEVER SHALL BE MAINTAINABLE AGAINST ELITE OR ANY OF ITS AFFILIATES, PARENT COMPANIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INSURERS UNLESS WRITTEN NOTICE OF THE CLAIM WITH DETAILS IS SENT BY RELIABLE INTERNATIONAL COURIER OR CERTIFIED MAIL WITH DELIVERY RECEIPT AND ADDRESSED TO THE FAIRWEATHER GROUP, INC., 1065 SW 30TH AVENUE, DEERFIELD BEACH, FLORIDA 33442, ATTENTION: LEGAL DEPARTMENT AND IS RECEIVED WITHIN SIX (6) MONTHS AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS. UNDER NO CIRCUMSTANCES SHALL ANY SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED (ACTUALLY FILED WITH A COURT OF COMPETENT JURISDICTION) WITHIN ONE (1) YEAR AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS.
17. Legally Binding. This Contract is LEGALLY BINDING. Each Guest is responsible for reading, understanding, and agreeing with the terms and conditions set forth in this Contract as a condition of securing a Hotel booking. The provisions of this Contract have been made available to the Guest IN ADVANCE of making a Hotel booking. The provisions of this Contract are meaningful and enforceable and are NOT “BOILER PLATE” PROVISIONS. This Contract has been made available to Guest PRIOR TO making a Hotel booking and PRIOR TO travel, thus ADVANCE NOTICE has been provided.