TERMS AND CONDITIONS
Please take time to carefully read these terms and conditions, to be sure you are aware and comfortable with all of our policies. These Terms and Conditions are a legal agreement between you and Caerula Mar Holdings Ltd., the owner and operator of Caerula Mar Club.
By accessing or using the website or booking any travel accommodations or other services listed on our website, you agree to the terms and conditions set forth in this Agreement and to follow all applicable regulations that apply to this website and to any bookings made on this website for travel accommodations (“Stays”).
2. TOUR OPERATORS AND/OR TRAVEL AGENTS
Any tour operator and/or travel agent used by Guest 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 and conditions on behalf of the Guest. Guest’s tour operator and/or travel agent agree to promptly notify a Guest of these terms and conditions. Neither the Resort nor the Owner shall be liable for any representations made by Guest’s tour operator and/or travel agent. No tour operator and/or travel agent has the authority to modify or waive the terms and conditions contained herein.
All rates are subject to change until the purchase price is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges, or other events beyond Resort’s control. Resort may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of your reservation. All rates are in U.S. dollars.
You authorize us (and any payment processor) to charge your payment card for all bookings you make. We accept the forms of payment stated on the website and, for credit card payments, charge your credit card when your booking is processed. The bank issuing your credit card may control when to release funds in the case of a booking cancellation or refund. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to make any booking in breach of any applicable law or regulation, including the credit card network rules or regulations; (ii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iii) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (iv) if you fail to cooperate in an investigation or provide additional information when requested.
5. RESERVATION DEPOSIT
To confirm your reservation, a minimum deposit of 50% is required at the time of booking. The remaining 50% balance is due 30 days prior to your arrival date and will be automatically charged to your credit card without further notice. If your reservation is made within 30 days of arrival the full amount is due and is non-refundable.
Cancellation by the Resort In the event the Resort is not fully operational on or before the Guest’s Stay, the Resort will cancel the Guest’s booking, and the purchase price of the Guest’s Stay will be fully refunded. The Resort will endeavour to provide as much prior notice as possible, but in any event will notify the Guest of same at least 30 days prior to your booked arrival date. Cancellation by Guests In the event a Guest cancels their Stay, cancellation charges will apply. Cancellation charges are based upon the date upon which the Resort is notified of a Guest’s cancellation. Minimum cancellation charges are as follows:
- If written notice of cancellation by the Guest is provided to the Resort at least 60 days prior to the Guest’s booked arrival date, there will be a cancellation charge of 25% of the purchase price of the Guest’s Stay.
- If written notice of cancellation by the Guest is provided to the Resort at least 30 days but less than 60 days prior to their booked arrival date, there will be a cancellation charge of 50% of the purchase price of the Guest’s Stay.
- If written notice of cancellation by the Guest is provided to the Resort with less than 30 days prior to their booked arrival date, there will be a cancellation charge of 100% of the purchase price of the Guest’s Stay.
- For Entire Resort rental or group bookings, the deposit is refundable with written notice of cancellation received at least 60 days prior to arrival, with the exception of a non-refundable cancellation fee equal to 50% of the total reservation price plus any direct expenses incurred by the Resort on your behalf.
The cancellation charges outlined above are liquidated damages as a genuine pre-estimate of damages, and not a penalty. No refunds or adjustments will be made for any portion of a Guest’s Stay not utilized.
7. CHANGES TO RESERVATIONS
At any point prior to a Guest’s Stay, a Guest may make revisions to their booking to upgrade (e.g. upgrading rooms, adding nights, adding rooms, additional persons), at no additional charge. Any other revisions to a Guest’s booking (e.g. subtracting number of nights, subtracting rooms) will be subject to the following revision fees:
- If the Guest notifies the Resort of such revisions at least 30 days prior to their booked arrival date, a revision fee of $200 per traveller will apply.
- If the Guest notifies the Resort of such revisions less than 30 days prior to their booked arrival date, the Guest will be responsible for the full purchase price of their original booking.
All requested changes to reservations are subject to the Resort’s sole discretion, and any changes are subject to availability. If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
There are a variety of different types of travel insurance available to ensure you get the coverage you need so that you can travel worry-free. Please visit RBC Insurance for more information.
9. SPECIAL REQUESTS
The Resort cannot guarantee that it will satisfy special requests (including but not limited to requests for specific rooms or locations, adjoining rooms, bed sizes, and the like). The Resort is not responsible if such requests are not met.
10. ROOM CHANGES
The Resort may, for any reason, at any time, and without prior notice, substitute rooms for accommodations of equal or greater value than those specified in Guest’s booking. The Resort shall not be liable for any loss or injury to Guest caused by such substitution of accommodations.
11. USE OF GUEST’S LIKENESS
The Guest may be required during their check-in at the Resort, to agree to the following Use of Guest’s Likeness provisions: “The undersigned Guest(s) grant Caerula Mar Club and its owners and promotional partners the exclusive right to photograph and video you during your stay at the Resort and include such photographic, video and other visual portrayal(s) of the undersigned Guest(s), in any medium of any nature whatsoever, for any purpose, including without limitation trade, advertising, sales, publicity or otherwise, without compensation to such Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of the Resort and its owners, free from any claims by the undersigned Guest(s) and or any person deriving any rights or interest from such Guest(s), and each undersigned Guest(s) understands and hereby knowingly and voluntarily so agrees.” If the Guest does not sign and agree to such terms and conditions at check-in, the Guest may not be allowed to check-in and may be denied access to the Resort. Accordingly, advance notice of this requirement is hereby provided.
12. LIMITATION OF DAMAGES
In no event shall the aggregate liability of the Resort or Owner, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to any booking made by a Guest exceed the purchase price paid by the Guest for its Stay. Nothing herein shall exclude or limit the Resort’s or Owner’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, the Resort or Owner’s liability will be limited to the greatest extent permitted by applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RESORT AND OWNER AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM USE OF THE WEBSITE, BOOKING YOUR STAY, OR ALLEGED TO HAVE BEEN SUFFERED DURING YOUR STAY.
13. COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, this website, and all text, images, marks, logos and other content contained herein, including, without limitation, any Caerula Mar Club logos (the “Logos”), and all designs, text, graphics, photographs, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of the Resort and/or Owner or its licensors and are protected by international copyright laws. All rights to the Site Content are expressly reserved. The Logos and all other product or service names or slogans displayed on the website are registered and/or common law trademarks of the Resort and/or Owner, or their related and affiliated entities, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Resort and/or Owner or the applicable trademark holder. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Resort and/or Owner and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Resort and/or Owner.
14. THIRD-PARTY WEBSITES AND SERVICES
This website may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk. You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
15. APPLICABLE LAW AND VENUE
You explicitly agree that all disputes, claims or other matters arising from or relating to your use of this website and booking your Stay or any claims made in connection with your Stay will be governed by the laws of the Commonwealth of the Bahamas and in the jurisdiction of The Bahamas Islands.
Except where prohibited by applicable law, any claim, dispute or controversy (other than those related to the Resort’s or Owner’s enforcement and protection of its intellectual property rights), whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to your use of this website or any claims made in connection with your Stay (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against the Resort or Owner related to any Claim and, where applicable, you also agree to opt out of any class proceedings against the Resort or Owner. If you have a Claim, you should give written notice to arbitrate at the address specified below. If the Resort and/or Owner has a Claim, the Resort and/or Owner will give you notice to arbitrate at your address provided in when you registered. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of notice and will take place in The Bahamas Islands.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter and jurisdiction located in The Bahamas Islands. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you access the website from locations other than The Bahamas Islands, you will also be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Resort and Owner for your failure to comply with any such laws.
If any provision of this Agreement is deemed invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Owner may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Owner, and any such attempted assignment will be void and unenforceable. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of the Owner to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.