IMPORTANT: THE FOLLOWING TERMS AND CONDITIONS GOVERN THE CONTRACT BETWEEN ALL TRAVELERS AND HOTEL GUESTS (INDIVIDUALLY AND COLLECTIVELY “GUEST”) AND LAZY LAGOON (BARBADOS) LTD. D/B/A THE CLUB, BARBADOS RESORT & SPA, A BARBADOS COMPANY (THE “HOTEL”) FOR PROVIDING ACCOMMODATIONS AND SERVICES TO GUEST PURSUANT TO A HOTEL BOOKING. 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 THE HOTEL 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 directly with the Hotel require a $350 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 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 $350 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 (OR IN THE HOTEL’S CONTRACT WITH THE GUEST’S TOUR OPERATOR OR TRAVEL AGENT) 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 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 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 Guests shall HOLD HARMLESS the Hotel, its owners, employees, agents, insurers, and third party tour operators and travel 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 third party tour operators and travel 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, and notwithstanding anything to the contrary, 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 including without limitation reasonable attorneys’ fees and court costs 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 the Hotel, 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 outside of the country where the Hotel is physically located. Each Guest shall HOLD HARMLESS the Hotel and its owners, officers, employees, agents and insurers from any such claims and actions including without limitation any claims or actions based on the acts or omissions of any third party airline, tour operator, or travel provider. UNDER NO CIRCUMSTANCES shall the Hotel or its 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 THE HOTEL 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 WITH DELIVERY RECEIPT AND ADDRESSED TO LAZY LAGOON (BARBADOS) LTD. C/O THE CLUB, BARBADOS RESORT & SPA, ST. JAMES, BARBADOS, WEST INDIES, 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.
EXHIBIT A – BOOKING TERMS & CONDITIONS
IMPORTANT INFORMATION, TERMS & CONDITIONS – PLEASE READ CAREFULLY
Check-in time is 3:00 p.m. Check-out time is 12:00 noon. Late check-out may be available for an additional fee, which fee is donated to a local charity.
Passport & Credit Card. At check-in, guests must present a valid passport and major credit card to verify identity and cover any room charges or damage. A credit card preauthorization in the amount of US$350 will be completed at check-in. The preauthorization will be released at check-out once your room bill is paid in full. Visa, MasterCard, and Discover are accepted. American Express is not accepted.
Guest Charges. You agree to pay for all charges incurred during your stay and any amounts due for your booking in the event of non-payment by your tour operator or travel agent; and you hereby authorize any such amounts to be charged to your credit card. You agree not to dispute any such charges in the event of non-payment by your tour operator or travel agent. You may, however, seek appropriate reimbursement from your tour operator or travel agent (if applicable).
Non-Smoking Rooms. For the comfort of all our guests, all guest rooms are NON-SMOKING. Smoking is permitted on outdoor patios and balconies, but please keep doors and windows closed to prevent smoke from entering the room. A US$250 CLEANING FEE applies for smoking in guest rooms or allowing smoke to enter through open patio doors.
In-Room Safes. In-room safes are located in each guest room. A US$100 replacement fee applies for lost safe keys (if applicable). Please keep valuable items properly secured.
Guest Care & Services. Please bring any questions or concerns to the attention of our Guest Services Manager so that we may have the opportunity to ensure your stay with us is enjoyable, satisfactory, and pleasantly memorable. Compensation will not be offered in cases where we were not given the opportunity to meet with you and make any necessary corrections during your stay.
Governing Law & Forum. Notwithstanding anything to the contrary, 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 or in connection with your stay at the resort and he laws of THE COUNTRY WHERE THE HOTEL IS PHYSICALLY LOCATED shall apply. This provision shall apply regardless of any other jurisdiction that may be available by reason of your country of residency, convenience, or otherwise.
SAFETY TIPS, NOTICES, WAIVER AND RELEASE
Your comfort, safety, and enjoyment are our main priorities. Please review carefully, and use the same precautions and common sense you would use at home during your stay at this resort.
For emergencies of any kind, call 911. From your room, dial 9-911, or Dial 0 for the Resort Operator.
Keep your doors and windows closed and locked, and keep valuables in the guest room safe.
Never open your door unless you know who is on the other side. Never leave the resort with strangers.
DO NOT rent jet-skies or other water sports equipment from local beach vendors.
PARENTS please supervise your children at ALL TIMES especially at swimming pool and beach areas. AVOID ACCIDENTAL DROWNING. Parents and guardians are solely responsible for their children at all times. There is no substitute for parental or guardian supervision. Guests assume all risks associated with pool and beach activities. NO LIFEGUARDS are on duty at swimming pool or beach areas. Swimming pools are NOT fenced.
WATER SPORTS ASSUMPTION OF RISK AND RELEASE OF LIABILITY
Injury and drowning can occur even in shallow or calm waters. BUOYANCY DEVICES, such as a life vest, should be worn at all times while participating in water sports activities. Never mix drinking, drugs, or medications with water sports or swimming.
Exposure to the sun and heat may result in sunburn, heat stroke, and dehydration. Wear protective clothing and sunscreen. Drink plenty of water.
You acknowledge that water sports activities involve RISKS including but not limited to: drowning; injury; collision with other water craft, swimmers, and objects; capsizing; sinking; impact with other riders and water surfaces; rope burns; slipping or falling; muscle injuries; the presence and unpredictable nature of wildlife; and other foreseeable and unforeseeable events that may result in injury or death. Many of these risks cannot be eliminated due to the nature of water sports activities.
By participating in waters sports activities, you, on behalf of yourself and any minors for whom you are responsible, hereby agree to ASSUME responsibility for all such RISKS including any risks mentioned or not mentioned in this document.
In the event of an injury, you authorize any medical treatment and transportation reasonably necessary to address the injury or condition. You agree that you have adequate medical insurance and you agree to pay all costs of rescue, medical services, and emergency transportation. By engaging in any water sport activity, you WARRANT AND REPRESENT that you have had adequate training, experience, and safety briefings, and have READ AND UNDERSTOOD all safety signage PRIOR to engaging in any such activity.
LAND-BASED ACTIVITIES, TOURS & EXCURSIONS ASSUMPTION OF RISK AND RELEASE OF LIABILITY
Land-based activities including but not limited to resort activities and off-site tours and excursions, have RISKS that may result in loss, damage, injury, illness, or death. Your participation in such activities are purely voluntary. You agree that any off-site tours, excursions, activities, and transportation does not form part of your underlying vacation and travel package. The resort does NOT own or operate any off-site tours, excursions, activities, or transportation. You agree to assume all related RISKS. The resort shall NOT be liable for any loss, damage, illness, injury or death resulting from such activities.
On-site activities including fitness classes, sports, gym, dancing, and all other activities have RISKS. You agree to READ, UNDERSTAND AND ADHERE TO all safety signage and use DUE CARE and caution when engaging in any such activities and assume any related RISKS.
You agree to use DUE CARE and caution when WALKING around the resort. This includes reading and adhering to all cautionary signage, watching your step, and carefully using the resort’s stairs, paths, walkways, floors and similar areas to avoid tripping, slipping, and falling, all of which can result in injury. The resort shall NOT be liable for any loss or injury resulting from your failure to watch your step and use due care while walking around the resort. If you have any doubts about a particular walkway, path, stairway, or surface, seek assistance PRIOR to use or AVOID that area if you have any doubt or any physical mobility or other limitations. PLEASE BE CAREFUL AT ALL TIMES. Ask for assistance BEFORE you need it if necessary.
RAIN and WET SURFACES are common in a tropical environment. Any surface may be slippery when wet. Rainfall and resulting wet surfaces are deemed OPEN AND OBVIOUS conditions which you will be deemed to be aware of.
Always check the WATER TEMPERATURE prior to using water from the sink or entering a bath or shower. Water temperatures may be VERY HOT to help ensure proper water quality. AVOID SCALDING by checking water temperature before use.
HOT BEVERAGES may be very hot. Use caution and MAKE SURE CHILDREN cannot reach or spill hot beverages, pitchers, or cooking pots.
FOOD ALLERGIES; OTHER ILLNESSES
The resort CANNOT GUARANTEE that food and beverage items will not come in contact with POTENTIAL ALLERGENS (peanuts, tree nuts, seeds, shellfish, shrimp, seafood, soy, milk, wheat and other potential allergens) EVEN IF a particular dish or food item does not usually contain such ingredients. Under no circumstances shall the resort be liable for any injury, illness or loss resulting from food allergies.
The resort is located in a tropical environment. UNDER NO CIRCUMSTANCES shall the resort, its owners, employees, agents, insurers and any third party tour operators be liable for any injury, illness or loss resulting from exposure to Zika virus or any other insect-borne disease regardless of whether or not a pest control program is in effect during your stay at the resort.
RELEASE OF LIABILITY
In consideration of the goods and services provided by the resort, you agree to release and HOLD HARMLESS the resort, its owners, employees, agents, insurers, and any third party tour operators and travel agents with respect to the items listed above. This RELEASE is valid even if you purchase an off-site tour, excursion, activity, or transportation through the resort’s on-site tour desk or any on-site tour operator representative. This document shall be LEGALLY BINDING.
By signing below you acknowledge that the booking terms and conditions applicable to your stay are available on the resort’s web site and/or through your tour operator or travel agent (if applicable), thus providing advance notice of all such terms and conditions. I/WE HAVE READ AND AGREE TO THE BOOKING TERMS & CONDITIONS, AND CONTENTS OF THIS CARD: