Terms of Usage
Terms and Conditions apply that are important matters which affect your legal rights. Read below carefully.
Contents of this Site
Information & Details:
While we strive to always provide the latest information and details about our product offerings on this website, please be sure to check with your travel agent on any specifics that may be important to you. Information presented here is subject to change and is not guaranteed to be free from errors. Contents of this website only apply to Sandals or Beaches properties located in Jamaica, Saint Lucia, Antigua, Bahamas, Turks & Caicos, Grenada or Barbados.
Nothing contained herein shall be deemed or construed to create any financial or other liability or responsibility on Sandals for or on behalf of, or in relation to, any of the various Travel Agents or Agencies listed in this website.
All prices listed in this site are in U.S. Dollars, unless otherwise specified. Promotions listed in this website can be changed or withdrawn at any time and blackout dates may apply.
Copyright Information
All material contained within this website is the sole property of Sandals / Beaches Resorts and cannot be used, reproduced, copied or modified, in its entirety or in part, without prior consent by an authorized agent of Sandals Resorts.
Cancellation Charges
For Cancellations by Guests:
Cancellation charges depend on when Unique Travel 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 Travel 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.
No refunds or adjustments will be made from any portion of your vacation or attendant services not utilized.
Changes to Reservations
If Guest Desires to Change, but NOT Cancel a Reservation:
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 $200 per person would apply.
- Received 14 days or less prior to travel; subject to full penalty.
All requested changes to reservations are subject to Unique Travel’ 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.
UNIQUE TRAVEL CORP. (“Unique Travel”)
TERMS & CONDITIONS
IMPORTANT: THESE TERMS AND CONDITIONS (THESE “TERMS”) APPLY IN RELATION FOR HOTEL ACCOMMODATIONS, AMENITIES, TRANSPORTATION, AND OTHER PRODUCTS OR SERVICES PROVIDED FOR YOU AND ANYONE TRAVELING WITH OR THROUGH YOU INCLUDING WITHOUT LIMITATION ALL MINOR CHILDREN, FORMING PART OF THE GUEST’S (GUESTS’) PARTY (COLLECTIVELY AND INDIVIDUALLY “GUEST(S)”). THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE OF TICKETS OR VOUCHERS FROM UNIQUE TRAVEL CONSTITUTES ACCEPTANCE OF THESE TERMS AND A BINDING LEGAL AGREEMENT BETWEEN GUEST(S) AND UNIQUE TRAVEL (THE “CONTRACT”). SANDALS IS A COUPLES-ONLY RESORT.
THE GUEST(S) FURTHER ACKNOWLEDGE(S) AND AGREE(S) THAT THESE TERMS ARE EXPRESSLY INTENDED TO BENEFIT AND BE ENFORCEABLE BY NOT ONLY UNIQUE TRAVEL AND ITS AFFLIATES, BUT ALSO SANDALS RESORTS INTERNATIONAL, LTD., ITS PARENT AND/OR ANY OF THEIR AFFILIATED ENTITIES, RESORT OPERATOR, RESORT MANAGEMENT AND OTHER INDEPENDENT CONTRACTORS ENGAGED BY THEM, AND THEIR RESPECTIVE AFFILIATED ENTITIES (INDIVIDUALLY AND COLLECTIVELY, THE “HOTEL RELATED ENTITIES”).
Additional Definitions: As used herein, “Arrival” means the Guest’s arrival at the Hotel for the start of their vacation. “Hotel” means the respective resort(s) visited by Guest(s).
1. These Terms shall supersede and/or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.
2. Tour Operator and/or Travel Agents: Any Tour Operator and/or Travel Agent used by Guest(s) to make reservations is, for all purposes, Guest(s) agent, and represents that the Tour Operator and/or Travel Agent has the authority to receive notice of these Terms on behalf of the Guest(s). Guest’s Tour Operator and/or Travel Agent agrees also to promptly notify a Guest of these Terms. Neither Unique Travel nor the Hotel Related Entities shall be liable for any representations made by Guest’s Tour Operator and/or Travel Agent or any acts or omissions of any such Tour Operator and/or Travel Agent. No Tour Operator and/or Travel Agent has the authority to modify or waive these Terms.
3. Rates: All rates are subject to change until the purchase price for the applicable accommodation, product or service 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 Travel’s control. Unique Travel 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 Guest(s) reservation. All rates are in U.S. dollars.
4. Deposit, Payment & Cancellation Terms [LOYALTY & TRAVEL BOOKING/RESERVATIONS, DEPOSIT, PAYMENT, CANCELLATION TERMS, SPECIAL DEPOSIT AND PAYMENT SEE CLAUSES 7 AND 8]: A deposit of $400 per room plus airfare (if reserved through Unique Travel) is required to secure a reservation. An initial payment of $98 plus the airfare is due when making a booking and the balance of $302 is due 21 days after the initial payment. The credit card used for the initial payment will automatically be charge the balance of $302. Consent to auto charge the credit card for the remaining deposit amount of $302 and full payment is given to Unique Travel Corp at the time that the booking is made. Due to high demand and limited availability the initial payment of $98 per room is not applicable during holiday periods or for any of the over-the-water suites or bungalows. 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 Clause #5- Special Deposit and Payment).
4.1 The Guest’s Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 21, 24 and 25) 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 provisions, cancellation charges are applicable and depend on when Unique Travel receives notice of the cancellation.
4.2 The minimum cancellation charges are as follows:
(a) If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
(b) If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any applicable airline fees.
4.3 INSURANCE PREMIUMS ARE NON-REFUNDABLE.
4.4 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 Travel 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.
4.5 No refunds or adjustments will be made from any portion of your vacation or attendant services not utilized.
5. Special Deposit and Payments:
Sandals Resorts:
All bookings for the Over the Water Villas or Over the Water Bungalows will require a $1,000 NON-REFUNDABLE DEPOSIT AT TIME OF BOOKING AND IS NON-TRANSFERABLE TO A LOWER CATEGORY ROOM.
Beaches Resorts:
2018:
i. 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.
ii. 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.
iii. 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:
i. Guests traveling between February 16th, 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 16th, 2018.
ii. Guests traveling between April 14th, 2019 and April 28th, 2019 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of February 11th, 2019.
iii. 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.
iv. 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.
2020:
i. Guests traveling between February 15th, 2020 and February 21st, 2020 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of December 15th, 2019.
ii. Guests traveling between April 5th, 2020 and April 19th, 2020 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of February 3rd, 2020.
iii. Guests traveling between November 21st, 2020 and November 27th, 2020 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of September 15th, 2020.
iv. Guests traveling between December 16th, 2020 and December 31st, 2020 are required to pay a deposit of US$800.00 which becomes non-refundable as of May 1st, 2020 and full payment is due, and non-refundable, as of September 1st, 2020.
2021:
i. Guests traveling between February 13th, 2021 and February 19th, 2021 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of December 13th, 2020.
ii. Guests traveling between March 28th, 2021 and April 11th, 2021 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of January 25th, 2021.
iii. Guests traveling between November 20th, 2021 and November 26th, 2021 are required to pay a deposit of US$400.00 and full payment is due, and non-refundable, as of September 14th, 2021.
iv. Guests traveling between December 15th, 2021 and December 31st, 2021 are required to pay a deposit of US $800.00 which becomes non-refundable as of May 1st, 2021 and full payment is due, and non-refundable, as of September 1st, 2021.
6. Changes to Reservations [LOYALTY & TRAVEL BOOKING/RESERVATIONS – CHANGES TO RESERVATIONS, SEE CLAUSE 9]:
If Guest desires to change, but not cancel a reservation, then the Guest 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 Travel’s 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 shall apply.
7. Loyalty & Travel Booking/Reservations – Deposit, Payment & Cancellation Terms: All Loyalty & Travel bookings require a non-refundable deposit to secure the reservation. Deposit amount vary for certain travel dates, resort and/or room categories (See “Clause 8 – Loyalty & Travel – Special Deposit and Payment Terms”).
Minimum deposit schedule is as follows unless otherwise noted:
A minimum non-refundable deposit of $250 per room is required for all Sandals Resorts (excluding “Over-The-Water” suites/villas or bungalows), Beaches Negril and Beaches Ocho Rios reservations.
A minimum non-refundable deposit of $350 is required for Beaches Turks & Caicos reservations.
Over-the-Water Suites/Villas & Over-the-Water Bungalows require a $1,000 non-refundable deposit per room and is non-transferable to a lower category room.
Full and final payment must be received at least 90 days prior to Arrival date unless otherwise noted. The credit card used for the initial payment will automatically be charged the balance of reservation upon due date. Consent to auto charge the credit card for the remaining full payment amount is given to Unique Travel at the time that the booking is made. Bookings made 90 days or less prior to arrival must be paid in full at the time of booking. Unique Travel may cancel any booking and release any Hotel or air reservation for which payment has not been received at least 90 days prior to arrival. The due 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 certain travel periods (see clause 8 Special Deposit and Payment Terms).
Cancellation charges depend on when Unique Travel receives notice of the cancellation.
INSURANCE PREMIUMS, LOYALTY & TRAVEL DEPOSITS AND FUTURE AIR DEPOSITS ARE NON-REFUNDABLE.
The Guest’s Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 21, 24 and 25) 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, cancellation charges are applicable and depend on when Unique Travel receives notice of the cancellation.
The following minimum cancellation charges are:
(a) If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
(b) 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 Hotel stay. Airfare cannot be sold as a standalone item. Unique Travel 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.
No refunds or adjustments will be made from any portion of your vacation or attendant services not utilized.
8. Loyalty & Travel Reservations – Special Deposit and Payment Terms: Reservations which benefit from the “Full Payment” discount option are non-refundable at the time of booking.
Sandals
All bookings in the Over-The-Water Villas and/or Bungalows will require a $1000 NON-REFUNDABLE NON-TRANSFERABLE DEPOSIT
Reservations made at the Loyalty & Travel desk for travel within the following dates require a $300 NON-REFUNDABLE deposit per room:
– December 21st – 31st, 2018;
– December 21st- 31st, 2019;
– December 23rd – 31st, 2020;
– December 21st – 31st, 2021.
Beaches
Beaches Reservations made at the Loyalty & Travel desk for travel within the following dates require a $500 non-refundable deposit per room and full non-refundable payment is due ninety (90) days prior to
arrival date:
2018:
i. Travel between November 20th – 24th, 2018 with full non-refundable payment due by August 22nd, 2018.
2019:
i. Travel between February 16th – 22nd, 2019 with full non-refundable payment due by November 18th, 2018;
ii. Travel between April 14th – 28th, 2019 with full non-refundable payment due by January 14th, 2019;
December 21st – 31st, 2021.
iii. Travel between November 26th – 30th, 2019 with full non-refundable payment due by August 28th, 2019.
2020:
i. Travel between February 15th-21st, 2020 with full non-refundable payment due by November 17th, 2019;
ii. Travel between April 5th-19th, 2020 with full non-refundable payment due by January 6th, 2020;
December 21st – 31st, 2021.
iii. Travel between November 21st-27th, 2020 with full non-refundable payment due by August 23rd, 2020.
2021:
i. Travel between February 13th – 19th, 2021 with full non-refundable payment due by November 15th, 2020;
ii. Travel between March 28th- April 11th, 2021 with full non-refundable payment due by December 28th, 2020;
iii. Travel between November 20th-26th, 2021 with full non-refundable payment due by August 22nd, 2021.
Reservations made at the Loyalty & Travel desk for the following travel dates require an $800 deposit, of which $500 is non-refundable at the time of booking:
2018:
Travel between December 18th-31st, 2018. The $800 deposit becomes non-refundable as of May 1st, 2018 and full payment is due & non-refundable as of September 1st, 2018.
2019:
Travel between December 18th – 31st, 2019. The $800 deposit becomes non-refundable as of May 1st, 2019 and full payment is due & non-refundable as of September 1st, 2019.
2020:
Travel between December 16th – 31st, 2020. The $800 deposit becomes non-refundable as of May 1st, 2020 and full payment is due & non-refundable as of September 1st, 2020.
2021:
Travel between December 15th-31st, 2021. The $800 deposit becomes non-refundable as of May 1st, 2021 and full payment is due & non-refundable as of September 1st, 2021.
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.
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.
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.
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:
2018:
– November 20th – 24th, 2018;
– December 18th – 31st, 2018
2019:
– February 16th – 22nd, 2019;
– April 14th – 28th, 2019;
– November 26th – 30th, 2019;
– December 18th – 31st, 2019.
2020:
– February 15th – 21st, 2020;
– April 5th – 19th, 2020;
– November 21st – 27th, 2020;
– December 16th – 31st, 2020.
2021:
– February 13th – 19th, 2021;
– March 28th – April 11th, 2021;
– November 20th-26th, 2021;
– December 15th-31st, 2021.
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:
– June 1st- August 15th, 2018;
– June 1st – August 15th, 2019;
– June 1st – August 15th, 2020;
– June 1st- August 15th, 2021
All requested changes to reservations are subject to Unique Travel’s 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.
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. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
19. 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 21.C), required SIGNING AND ASSENT to any waiver provision (in Paragraphs 25 and 26), 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.
20. 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.
21. FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST UNIQUE TRAVEL ONLY: ALL CLAIMS WHATSOEVER AGAINST UNIQUE TRAVEL, 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 PANAMA, AND SHALL BE GOVERNED BY THE LAWS OF REPUBLIC OF PANAMA WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF. GUEST(S) AGREE(S) TO PERSONAL JURISDICTION AND VENUE EXCLUSIVELY IN PANAMA WITH RESPECT TO SUCH CLAIMS.
B. CLAIMS WHICH INCLUDE SANDALS RESORTS INTERNATIONAL LIMITED AND/OR HOTEL RELATED ENTITIES – NOTWITHSTANDING CLAIMS IN THE FOREGOING PARAGRAPH 21.A., 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 TRAVEL 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. 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 21.A. and 21.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 21.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.
22. 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.
23. 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.
24. 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.
24.1 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.
24.2 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.
24.3 The Guest’s Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 24 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 24.1 and 24.2 above will apply.
24.4 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 paragraph 24, the cancellation penalty charges are 100% of the purchase price
25. WAIVER OF LIABILITY: OVER-THE-WATER VILLAS AND/OR OVER-THE-WATER BUNGALOWS AND/OR OVER-THE-WATER ROOMS (jointly and severally the “OVER THE WATER VILLAS”). THE OVER THE WATER VILLAS ARE PERCHED ON A DECK FLOATING ABOVE TURQUOISE OCEAN WATERS AND MAY BE EQUIPPED WITH A SEE-THROUGH GLASS FLOOR FOR OCEAN VIEWING, A TRANQUILITY SOAKING TUB, AN OVER-THE-WATER HAMMOCK, AN OPEN PATIO DECK, AND A PRIVATE PLUNGE POOL WITH INFINITY EDGE (TOGETHER, THE “PRIVATE VILLA INFINITY POOL AND DECK AMENITIES”). GUEST(S) ACKNOWLEDGE(S) AND AGREE(S) TO FOLLOW ALL POSTED SAFETY PRECAUTIONS RELATED TO THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES INCLUDING, BUT NOT LIMITED TO THE STRICT PROHIBITION (1) OF ALCOHOLIC BEVERAGES, JUMPING, DIVING, SWINGING, HORSEPLAY, AND ROUGH PLAY IN OR NEAR THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES, AND/OR SPECIFICALLY FROM OR ON THE OVER-THE-WATER HAMMOCK, (2) AGAINST ENTERING ANY OF THE PRIVATE INFINITY POOL’S OVERFLOW CHANNEL, AND (3) AGAINST ANY RESTING, SITTING OR CLIMBING ON THE WALL(S) AND/OR EDGE(S) OF THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES, AND GUEST(S) ACKNOWLEDGE(S) THAT EACH OF THEM IS HEREBY ON NOTICE OF THE SAME AND AGREE(S) TO ASSUME ANY ASSOCIATED RISKS. IN DOING SO, GUEST(S) HEREBY WAIVE(S), RELEASE(S) AND DISCHARGE(S) AND SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ALL LIABILITIES CLAIMS, ACTIONS, DAMAGES, COSTS AND/OR EXPENSES WHICH MAY ARISE OUT OF OR IN ANY WAY CONCERN GUEST’S (OR GUESTS’) USE OF THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES. GUEST(S) UNDERSTAND(S) AND ACKNOWLEDGE(S) THAT THIS WAIVER INCLUDES CLAIMS BASED ON NEGLIGENCE AND/OR THE ACTION(S) OR INACTION(S) OF THE RELEASEES. Upon signature of acceptance, Guest(s) acknowledge(s) that a different room without THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES is readily available for Guest(s) and that he/she/they have declined such alternative accommodation.
25.1 The Guest may 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.
25.2 IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL BE DENIED ACCESS TO THE OVER THE WATER VILLAS AND/OR THE GUESTS WILL NOT BE ALLOWED TO CHECK-IN TO THE HOTEL. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.
25.3 The Guest’s Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 25) 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.
25.4 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 paragraph 25, the cancellation penalty charges are 100% of the purchase price.
26. Photography, Videotaping and/or other Collection and Use of Guest’s (Guests’) Likeness. The Guest(s) hereby grant(s) for himself/herself and all minor Guests his/her authorization, consent and permission to Unique Travel and each of the Hotel Related Entities, the other Releasees and/ or their promotional partners the right to photograph and video the Guest(s) during their stay at the Hotel and to use their image and likeness in such photographic, video and other visual portrayal(s) of the Guest(s), in any medium of any nature whatsoever, for any purpose, including and without limitation to security purposes, trade, advertising, sales, publicity or otherwise, without compensation to such Guest(s). All rights, title and interest in all photographs, videotapes or other works of authorship capturing Guest likenesses (including all worldwide copyrights therein) shall be the sole property of Unique Travel and/or the Resort Related Entities, as applicable, free from any claims by the Guest(s) and or any person deriving any rights or interest from such Guest(s). Guest(s) further hereby agree(s) for himself/herself and all minor Guests forming part of Guest’s Party to the collection and use of images and other personal data regarding Guest(s) as described in and in accordance with the terms provided in our Privacy Policy as in effect at the applicable time, which is incorporated herein by reference. The Privacy Policy is posted at www.sandals.com/privacy-policy.
27. 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.
28. Use of Facilities and Activities: The Hotels provide several activities for the entertainment and enjoyment of Guests. Guests who participate in “Activities” (as defined below) acknowledge and accept that, by the very nature of such Activities, it is possible that injuries may be suffered without any negligence on the part of the Hotel, its employees or agents. Consequently, in acknowledgement of the foregoing, the Guests HEREBY RELEASE, DISCHARGE AND SHALL INDEMNIFY AND HOLD HARMLESS Unique Travel, Sandals Resorts International, Ltd. and the other Resort Related Entities, the hotel, hotel management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives (collectively, the “Releasees”) from all claims, demands, actions and/or damages suffered by the undersigned Guests in the participation of such Activities, except in the case of the proven negligence of the hotel, its employees or agents.
Activities. The term “Activities” as used above includes, but is not limited to, the following:
On Land: Running, relays, racing, basketball, shuffleboard, squash, tennis, table tennis, volleyball, weight training, aerobics, racquetball, golf, use of spa facilities, use of gym facilities, swings, slides, monkey bars, see-saws and other recreational facilities for children; and
In Water: Scuba diving, water skiing, wind surfing, snorkelling, sailing, water aerobics, kayaking, pedal boating, pool games, boat riding, swimming, use of the whirlpools, and races.
29. Personal Property and Safekeeping: The Releasees shall not be liable for any loss or damage to money, jewelry, clothing or other valuables not turned over to the Hotel for safekeeping. In addition, electronic safe boxes have been installed in all rooms and we encourage their use.
30. Non-Smoking Policy: We are an environmentally friendly organization and as such, our guest accommodations are non-smoking. Failure to adhere to this policy will result in a US $250 cleaning charge.
31. Alcoholic Beverages: The Hotels provide and serve alcoholic beverages for reasonable consumption by, and the entertainment and enjoyment of, its Guests of legal drinking age at each of its hotels/resorts. Guests 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 ACKNOWLEDGE AND AGREE 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 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, Guest 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, and HEREBY RELEASES, DISCHARGES AND SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES from all claims, demands, actions and/or damages anyone may have against the Releasees in connection with or in any way incident or related to the injury, death, damage or destruction suffered.