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Virgin Limited Edition

Virgin Limited Edition Terms and Conditions

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Kasbah Tamadot Terms and Conditions

THE LEGAL STUFF
1: DEFINITIONS AND PARTIES
In these terms and conditions:
The ‘Company’ shall mean Virgin Hotels Maroc SA,a corporation organised under the laws of Morocco. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as a travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive use rates (applicable when booking 12 or more rooms) and ‘Group Bookings’ shall mean bookings for between 5 and 12 rooms using individual rates to be utilised by one party of individuals. An ‘Individual Booking’ shall mean a booking using individual rates other than a Group Booking. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: BOOKINGS
A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the Client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under paragraphs 3 and 6 headed ‘Payment and Confirmation’ below. The Lead Booking Name on paying the deposit warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

TERMS AND CONDITIONS APPLYING TO INDIVIDUAL BOOKINGS

3: PAYMENT AND CONFIRMATION
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at Kasbah Tamadot. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you when payments are due nearer to the time. If paying in a different currency, other than Moroccan Dirham, an exchange rate will be agreed at the time of paying the deposit and this rate will apply to future payments. This can be renegotiated by both parties in case of extreme currency fluctuations.

4: CANCELLATION BY THE CLIENT
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Please note the Client is also
liable for any payments outstanding on the date the cancellation is received. You must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. The date we receive your cancellation is your cancellation date. As we incur costs when cancelling your booking you will be obliged to pay the applicable cancellation charges which are detailed below. Also note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions, flights) may incur charges according to the cancellation and amendment policy of that third party company and, if requested, you will refund us in respect of such charges forthwith. Please note that if a payment is not received from you on time or in the correct amount we reserve the right to release your reservation regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of any payments due. If you cancel your booking at any time up to 30 days prior to your proposed arrival date, we will refund any monies received by us less a 30% cancellation penalty. If you cancel your booking between 30 and 15 days prior to your proposed arrival date, we will refund any monies paid to us less a 50% cancellation penalty. If you cancel your booking within 14 days of your proposed arrival date no refund will be given. Sometimes special offers or packages have different cancellation conditions so please check with your local reservations office.

5: CHANGES BY THE CLIENT TO THE DATE OR NATURE OF A BOOKING
We will use reasonable endeavours to accommodate requests for amendments received up to 30 days prior to your proposed arrival date whenever possible. In respect of requests received within 30 days of your proposed arrival date, we will also use reasonable endeavours to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost and any such amendment is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave Kasbah Tamadot early for any reason other than in circumstances outlined in paragraph 12 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at Kasbah Tamadot cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO EXCLUSIVE USE AND GROUP BOOKINGS

6: PAYMENT AND CONFIRMATION
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% non-refundable payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 60 days prior to your proposed date of arrival at Kasbah Tamadot. If the Client makes a reservation less than 60 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you when payments are due nearer the time. If paying in a different currency other than Moroccan Dirham, an exchange rate will be agreed at the time of paying the deposit and this rate will apply to future payments. This can be renegotiated by both parties in case of extreme currency fluctuations.

7: CANCELLATION BY THE CLIENT
All payments received are non-refundable so we strongly recommend that you purchase travel insurance which gives full cancellation cover. Please note that the Client is also liable for any payments outstanding on the date on which a cancellation is received from a Client and that all cancellations must be received clearly in writing. This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. The date we receive your cancellation is your cancellation date.

8: CHANGES BY THE CLIENT TO DATE OR NATURE OF A BOOKING
We will use reasonable endeavours to accommodate requests for amendments received from you up to 60 days prior to your proposed arrival dated, however this is at the sole discretion of the Management of Virgin Limited Edition’s UK Head Office. In respect of a request for amendment received by us within 60 days prior to your proposed arrival date, we will also use reasonable endeavours to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost. As before, any such accommodation of your amendment is still at the sole discretion of the Management of Virgin Limited Edition’s UK Head Office, and is dependent on, amongst other things, the percentage of dates and rooms originally booked that have been subsequently re-sold. Should the Client choose to leave Kasbah Tamadot early for any reason other than in circumstances outlined in paragraph 12 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at Kasbah Tamadot cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO ALL BOOKINGS

9: ONWARD SALE/TRANSFER OF YOUR BOOKING
Your booking at Kasbah Tamadot must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

10: CHANGES AND CANCELLATIONS BY THE COMPANY
The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies paid by the Client by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Kasbah Tamadot immediately if the Company reasonably considers that the Client’s behaviour at Kasbah Tamadot has caused (or is likely to cause) loss, damage or harm to Kasbah Tamadot or any part of it or its reputation or is (or is likely to be) objectionable to other guests. In these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any such loss, damage or harm.

11: LIABILITY OF THE COMPANY
a) We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.
b) Nothing in paragraph a) above shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions
of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your
travel arrangements.
c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover such loss or injury.
The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

12: FORCE MAJEURE
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, then we will use reasonable endeavours to assist you in postponing your stay with us. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

13: ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14: GOVERNING LAW
This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

15: DATA PROTECTION
Your information is safe with us. Rest assured
your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK). We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

The Lodge Summer Terms and Conditions

1: Definitions and Parties
In these terms and conditions: The ‘Company’ shall mean Verbier Lodge S.A., a corporation organised under the laws of Switzerland. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings for exclusive use. An ‘Individual Booking’ shall mean a booking using individual rates. ‘The Lodge’ means Verbier Lodge S.A. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: Bookings
A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name (following receipt of payment of the deposit as outlined in paragraphs 3 or 6 below (as appropriate). The Lead Booking Name on paying the deposit warrants to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

Terms and conditions applying to individual bookings
3: Payment and Confirmation
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at The Lodge.

4: Cancellation by the Client
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Please note the Client is also liable for any payments outstanding on the date the cancellation is received. You must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back
to you in writing and provide you with a cancellation number. The date we receive your cancellation is your cancellation date. As we incur costs when cancelling your booking you will be obliged to pay the applicable cancellation charges which are detailed below. Also note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions, flights) may incur charges according to the cancellation and amendment policy of that third party company and, if requested, you will refund us in respect of such charges forthwith. Please note that if a payment is not received from you on time or in the correct amount we reserve the right to release your reservation regardless of any payment(s) already received. We will use reasonable endeavours to contact you
prior to taking this course of action and will remind you of any payments due. If you cancel your booking at any time up to 30 days prior to your proposed arrival date, we will refund any monies received by us less a 30% cancellation penalty. If you cancel your booking between 30 and 15 days prior to your proposed arrival date, we will refund any monies paid to us less a 50% cancellation penalty. If you cancel your booking within 14 days of your proposed arrival date no refund will be given. Sometimes
special offers or packages have different cancellation conditions so please check with your local reservations office.

5: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 30 days prior to your proposed arrival date whenever possible. In respect of requests received within 30 days of your proposed arrival date, we will also use reasonable endeavours to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost and any
such amendment is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave The Lodge early for any reason other than in circumstances outlined in paragraph 12 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at The Lodge cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

Terms and conditions applying to exclusive use bookings
6: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The remaining non-refundable 70% payment is due no later than 60 days prior to your proposed date of arrival at The Lodge, along with any additional sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 60 days prior to the proposed date of arrival, such
bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

7: Cancellation by the Client
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. You must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. All deposits and other payments received are non-refundable. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. Please note that the Client is liable for any payments outstanding on the date cancellation is received.

8: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 90 days prior to the proposed date of your arrival at The Lodge, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. All deposits and other payments are nonrefundable. Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. Should the Client choose to leave The Lodge early for any reason other than in circumstances outlined in paragraph 11 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at The Lodge cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

Terms and conditions applying to all bookings

  1. Onward Sale/Transfer of your Booking
    Your booking at The Lodge must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

10: Changes and Cancellation by the Company
The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave The Lodge immediately if the Company reasonably considers that the Client’s behaviour at The Lodge has caused (or is likely to cause) loss, damage or harm to The Lodge or its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees against any such loss, damage or harm).

11: Liability of the Company
a) We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.

b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death,
injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us. c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We recommend that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any
payments in those circumstances other than as otherwise referred to in the terms and conditions above.

12: Force Majeure
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled at The Lodge if government advice means that you can’t travel. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

13: Entire Agreement; Variation and Waiver; Severance
These terms and conditions constitute the entire understanding in relation to their subject matter
and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the
Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14: Governing Law
This contract shall be governed and construed according to English Law.

15: Data Protection
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK). We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin you are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

The Lodge Winter Terms and Conditions

1: Definitions and Parties
In these terms and conditions: The ‘Company’ shall mean Verbier Lodge S.A., a corporation organised under the laws of Switzerland. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings for exclusive use. An ‘Individual Booking’ shall mean a booking using individual rates for up to 5 rooms. ‘The Lodge’ means Verbier Lodge S.A. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice versa and the singular shall include the plural and vice-versa.

2: Bookings
A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name (following receipt of payment of the deposit as outlined in paragraphs 3 or 6 below (as appropriate). The Lead Booking Name on paying the deposit warrants to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

Terms and conditions applying to individual bookings
3: Payment and Confirmation
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at The Lodge.

4: Cancellation by the Client
Firstly, as with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover from the moment of your booking. Secondly, you must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Thirdly, since we incur costs in cancelling your booking, if you cancel a booking you will be obliged to pay the applicable cancellation charges outlined below. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. Your 30% deposit is non-refundable regardless of when you cancel. If you cancel your booking more than 42 days prior to your arrival date, we will refund any monies received by us less the 30% non-refundable deposit. If you cancel your booking between 42 and 21 days prior to your arrival date, we will refund any monies paid to us less a cancellation charge equal to 75% of your total accommodation charge. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. If you cancel your booking within 21 days of your arrival date no refund of any part of the total accommodation charge will be given. For the purposes of calculating the charges set out in this clause, we consider your arrival date to be day 0. Please note that the Client is liable for any payments outstanding on the date cancellation is received.

5: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments which are received up to 42 days prior to your proposed date of arrival at The Lodge, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 42 days prior to arrival, we will also use reasonable endeavours to accommodate your amendment, however we reserve the right to charge a fee of up to 30% of your total accommodation cost and, as before, any such
amendment is still at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave The Lodge early for any reason other than in circumstances outlined in paragraph 1 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at The Lodge cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

Terms and conditions applying to exclusive use bookings
6: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The remaining non-refundable 70% payment is due no later than 90 days prior to your proposed date of arrival at The Lodge, along with any additional sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 90 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

7: Cancellation by the Client
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. You must send us any and all cancellations clearly and in writing to avoid any errors!
This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition. com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. All deposits and other payments are non-refundable.
Please note that if a payment is not received on time or in the correct amount we reserve the right to
release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. Please note that the Client is liable for any payments outstanding on the date cancellation is received.

  1. Onward Sale/Transfer Of Your Booking
    Your booking at The Lodge must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

9: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 90 days prior to the proposed date of your arrival at The Lodge, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. All deposits and other payments are nonrefundable. Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. Should the Client choose to leave The Lodge early for any reason other than in circumstances outlined in paragraph 13 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays at The Lodge cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

Terms and conditions applying to exclusive use bookings
10: Changes and Cancellation by the Company
The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave The Lodge immediately if the Company reasonably considers that the Client’s behaviour at The Lodge has caused (or is likely to cause) loss, damage or harm to The Lodge or
its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances
the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees against any such loss, damage or harm).

11: Liability of the Company
a) We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.
b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us. c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We recommend that you obtain suitable insurance to cover loss or injury and adhere to the recommendations set out in clause 11 below. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

12: Skiing Risks and Precautions
Skiing and snowboarding are inherently dangerous, highrisk activities. All Clients accept full and sole responsibility to be aware of and understand the risks, hazards and dangers associated with these activities and to only partake in those activities for which they are properly trained and have the necessary experience of. Clients further acknowledge that they will be solely responsible for determining their own level of skiing and/or snowboarding experience. Clients are strongly advised to follow local weather reports, seek local advice prior to participating in skiing and snowboarding activities and follow all local guidelines and safety instructions in respect of the slopes on which they intend to ski and/or snowboard. Clients are reminded in particular that “off piste” (i.e. non designated areas) skiing and/
or snowboarding involves risks, dangers and hazards in addition to those normally associated with downhill skiing and/or snowboarding. Specifically (but without limitation) skiing and/or snowboarding “off piste” is uncontrolled, unmarked, uninspected and brings with it increased risks associated with (but not limited to) avalanches, variable snow conditions, crevasses, man made structures, trees, rocks and collision with other skiers and/or snowboarders. Furthermore Clients should be aware that in the event of injury or separation from their ski party (if applicable) in an “off piste” area, communication is difficult and rescue and medical treatment may not be available. Any Client participating in “off piste” activities does so at their own risk.

13: Force Majeure
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled at The Lodge if government advice means that you can’t travel. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

14: Entire Agreement; Variation and Waiver; Severance
These terms and conditions constitute the entire understanding in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

15: Governing Law
This contract shall be governed and construed according to English Law.

16: Data Protection
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK). We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

Mahali Mzuri Terms and Conditions

TERMS & CONDITIONS
1: DEFINITIONS AND PARTIES
In these terms and conditions:
The ‘Company’ shall mean Mahali Mzuri Management Limited, a Company incorporated under the laws of Kenya. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive use rates (applicable when booking 7 or more rooms) and ‘Group Bookings’ shall mean bookings for between 4 and 6 rooms using individual rates to be utilised by one party of individuals. An ‘Individual Booking’ shall mean bookings for between 1 and 3 rooms using individual rates other than a group booking. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: BOOKINGS
A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the Client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under paragraphs 3 and 6 headed ‘Payment and Confirmation’ below. The Lead Booking Name on paying the deposit warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.
PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has authority to do so.

TERMS AND CONDITIONS APPLYING TO INDIVIDUAL BOOKINGS
3: PAYMENT AND CONFIRMATION
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at Mahali Mzuri. Your reservations office can also advise you on the applicable rates and availability of flights between Nairobi Wilson Domestic Airport and Maasai Mara airstrips, which can be purchased by the Client from a third party provider.

4: CANCELLATION BY THE CLIENT
Firstly, as with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover against any unforeseen circumstances. Please note the Client is also liable for any payments outstanding on the date the cancellation is received. Secondly, you must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick
London W6 8DL; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Thirdly, since we incur costs in cancelling your booking, if you cancel a booking you will be obliged to pay the applicable cancellation charges outlined below. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. Your 30% deposit is non-refundable regardless of when you cancel. If you cancel between 42 and 21 days prior to your proposed date of arrival at Mahali Mzuri, a cancellation charge equal to 75% of your total accommodation charge will be levied; this comprises the 30% deposit and a further 45% penalty. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. If you cancel within 21 days of your proposed date of arrival at Mahali Mzuri no refund of any part of the total accommodation charge will be given. Sometimes special offers have different cancellation conditions so please check with your local reservations office.

5: CHANGES BY THE CLIENT TO DATE OR NATURE OF THE BOOKING
We will use reasonable endeavours to accommodate requests for amendments which are received up to 42 days prior to your proposed date of arrival at Mahali Mzuri, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 42 days prior to arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost and, as before, any such amendment is still at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave Mahali Mzuri early for any reason other than in circumstances outlined in paragraph 13 below,
no refund will be made to the Client. The client also agrees that individual or group stays at Mahali
Mzuri cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO EXCLUSIVE USE AND GROUP BOOKINGS
6: PAYMENT AND CONFIRMATION
Bookings will be confirmed upon receipt of a 20% non-refundable accommodation deposit. A second 40% non-refundable payment is due no later than 180 days prior to your proposed date of arrival at Mahali Mzuri, along with any additional sums equal to any payments due to external transport or transfer operators. The final 40% non-refundable payment is due no later than 90 days prior to your proposed date of arrival at Mahali Mzuri, along with any sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 90 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

7: CANCELLATION BY THE CLIENT
All payments received are non-refundable so we strongly recommend that you purchase travel insurance which gives full cancellation cover. Please note that the Client is also liable for any payments outstanding on the date on which a cancellation is received from a Client and that all cancellations must be received in writing. This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number.

8: CHANGES BY THE CLIENT TO DATE OR NATURE OF THE BOOKING
We will use reasonable endeavours to accommodate requests for amendments received up to 90 days prior to the proposed date of your arrival at Mahali Mzuri, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 90 days prior to the proposed date of your arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation costs. As before, any such accommodation of your amendment will still be at the sole discretion of the Management as described above and it will be dependent on, amongst other things, the percentage of dates and rooms originally booked that have been subsequently re-sold. Should the Client choose to leave Mahali Mzuri early for any reason other than in circumstances outlined in paragraph 13 below, no refund will be made to the Client nor will alternative dates be arranged. The client also agrees that individual or group stays at Mahali Mzuri cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO ALL BOOKINGS

  1. ONWARD SALE/TRANSFER OF YOUR BOOKING
    Your booking at Mahali Mzuri must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

10: CHANGES AND CANCELLATION BY THE COMPANY
The Company reserves the right to alter or cancel the whole or part of the booking.
The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation.

PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Mahali Mzuri immediately if the Company reasonably considers that the Client’s behaviour at Mahali Mzuri has caused (or is likely to cause) loss, damage or harm to Mahali Mzuri or any part of it or its reputation or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any such loss, damage or harm.

11: LIABILITY OF THE COMPANY
a) PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.
b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.

c) PLEASE NOTE: Due to the nature of activities undertaken at Mahali Mzuri and because of the incidence of malaria in Kenya, all guests shall sign an indemnity and waiver on arrival at Mahali Mzuri.
d) PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

12: INDEMNITY, RELEASE AND WAIVER
a) The Client hereby acknowledges that the animals, insects and wildlife at Mahali Mzuri and the surrounding land (the “Conservancy”) constitute a potential danger to persons walking on the Conservancy or any part thereof or travelling in open or closed vehicles thereon, whether or not accompanied by a guide or staff member and whether or not in the proximity of safari camps, tents and accommodation.
b) PLEASE NOTE: Subject to paragraph 11 (b) above, the Client hereby releases, indemnifies and holds harmless, to the fullest extent permitted by law, the Company as well as its holding, subsidiary and associated companies and its and their respective directors, officers, employees, servants and agents from and against any and all claims, liabilities and losses of whatever nature, including (without limitation) for loss, costs, damage, expense, personal injury or death, arising from or in connection with the Client and/ or any Minor’s stay at Mahali Mzuri. For the purposes of this paragraph 12, “Minor” shall mean a person under the age of 18 or dependent of whom the Client is the parent or legal guardian or who is under the control or custody of the Client.

c) PLEASE NOTE: The Client is aware that malaria occurs in Kenya and acknowledges that he may have been advised to take anti-malaria precautions for himself and any Minors.
d) PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any guide or other officer or employee of the Company whilst at Mahali Mzuri in the Conservancy and acknowledges that any such instruction will be made for the purpose of protecting the Client’s personal safety and that of others in whose company the Client may be.

13: FORCE MAJEURE
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled at Mahali Mzuri if government advice means that you can’t travel. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

14: ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

15: GOVERNING LAW
This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

16: DATA PROTECTION
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK).We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin you are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. THANKS.

Mont Rochelle Terms and Conditions

PLEASE NOTE: We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ on several paragraphs. As always, please contact us if you would like more information.

1: Definitions and Parties
In these terms and conditions: The ‘Company’ shall mean Vest Source Two (Pty) Ltd (trading as Mont Rochelle Hotel and Vineyard), a Company incorporated under the laws of South Africa. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. Exclusive Use Bookings shall mean bookings required when taking 11+ bedrooms for exclusive use and ‘Group bookings’ shall mean bookings for 5 or more rooms to be utilised by one party of individuals using individual rates. An ‘Individual Booking’ shall mean a booking using individual rates other than a group booking. “Mont Rochelle” means Mont Rochelle Hotel and Vineyard. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: Bookings
A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name (following receipt of payment of the deposit as outlined in paragraphs 3 or 6 below (as appropriate).
PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has authority to do so.

TERMS AND CONDITIONS APPLYING TO INDIVIDUAL BOOKINGS
3: Payment and Confirmation
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at Mont Rochelle.

4: Cancellation by the Client
Firstly, as with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Secondly, you must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Virgin Limited Edition – South Africa, PO Box 1236, Cramerview, 2060, South Africa; Fax: +27 (0) 11 325 4416; enquiries@virginlimitededition.co.za. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Thirdly, since we incur costs in cancelling your booking, if you cancel a booking you will be obliged to pay the applicable cancellation charges outlined below. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. Your 30% deposit is non-refundable regardless of when you cancel. If you cancel between 42 and 21 days prior to your proposed date of arrival at Mont Rochelle, a cancellation charge equal to 75% of your total accommodation charge will be levied; this comprises the 30% deposit and a further 45% penalty. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. If you cancel within 21 days of your proposed date of arrival at Mont Rochelle no refund of any part of the total accommodation charge will be given. Please note that clients are liable for any payments outstanding on the date cancellation is received.

5: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments which are received up to 42 days prior to your proposed date of arrival at Mont Rochelle, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 42 days prior to arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost and, as before, any such amendment is still at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave Mont Rochelle early for any reason other than in circumstances outlined in paragraph 12 below, no refund will be made to the Client. The client also agrees that individual or group stays at Mont Rochelle cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO EXCLUSIVE USE AND GROUP BOOKINGS
6: Payment and Confirmation
Bookings will be confirmed upon receipt of a 20% non-refundable accommodation deposit. A second 40% non-refundable payment is due no later than 180 days prior to your proposed date of arrival at Mont Rochelle, along with any additional sums equal to any payments due to external transport or transfer operators. The final 40% non-refundable payment is due no later than 90 days prior to your proposed date of arrival at Mont Rochelle, along with any sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 90 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

7: Cancellation by the Client
All payments received are non-refundable so we strongly recommend that you purchase travel insurance which gives full cancellation cover. Please note that the Client is also liable for any payments outstanding on the date on which a cancellation is received from a Client and that all cancellations must be received in writing. This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition – South Africa, PO Box 1236, Cramerview, 2060, South Africa; Fax: +27 (0) 11 325 4416;
enquiries@virginlimitededition.co.za. We will then confirm the cancellation back to you in writing and provide you with a cancellation number.

8: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 90 days prior to the proposed date of your arrival at Mont Rochelle, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 90 days prior to the proposed date of your arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation costs. As before, any such accommodation of your amendment will still be at the sole discretion of the Management
as described above and it will be dependent on, amongst other things, the percentage of dates and rooms originally booked that have been subsequently re-sold. Should the Client choose to leave Mont Rochelle early for any reason other than in circumstances outlined in paragraph 12 below, no refund will be made to the Client nor will alternative dates be arranged. The client also agrees that individual or group stays at Mont Rochelle cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

TERMS AND CONDITIONS APPLYING TO ALL BOOKINGS
9: Changes and Cancellation by the Company The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation.
PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Mont Rochelle immediately if the Company reasonably considers that the Client’s behaviour at Mont Rochelle has caused (or is likely to cause) loss, damage or harm to Mont Rochelle or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any such loss, damage or harm.

10: Liability of the Company
a) PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a
maximum of three times the aggregate amount paid by you to us for your accommodation with us.
b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/ or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.
c) PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.
11: Indemnity, Release and Waiver
a) PLEASE NOTE: Subject to paragraph 10 (b) above, the Client hereby releases, indemnifies and holds harmless, to the fullest extent permitted by law, the Company as well as its holding, subsidiary and associated companies and its and their respective directors, officers, employees, servants and agents from and against any and all claims, liabilities and losses of whatever nature, including (without limitation) for loss, costs, damage, expense, personal injury or death, arising from or in connection with the Client and/ or any Minor’s stay at Mont Rochelle. For the purposes of this paragraph 11, “Minor” shall mean a person under the age of 18 or dependent of whom the Client is the parent or legal guardian or who is under the control or custody of the Client.
d) PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any employee of the Company whilst at Mont Rochelle and acknowledges that any such instruction will be made for the purpose of protecting the Client’s personal safety and that of others in whose company the Client may be.

12: Force Majeure
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled at Mont Rochelle if government advice means that you can’t travel. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

13: Entire Agreement; Variation and Waiver; Severance
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14: Governing Law
This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of South Africa, save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

15: Data Protection
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in
accordance with the Data Protection Act 1998 (UK). We will not share your personal information with
third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

Necker Island Terms and Conditions

1: DEFINITIONS AND PARTIES
In these terms and conditions: The ‘Company’ shall mean Necker Island (BVI) Limited, a corporation organised under the laws of The British Virgin Islands. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the ‘Lead Booking Name’ and each person listed within the booking as a travelling companion. ‘You’ shall mean the Client. In these conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: BOOKINGS
A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under ‘Payment and Confirmation’. The Lead Booking Name, on paying the deposit, warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

TERMS AND CONDITIONS APPLYING TO ISLAND RENTALS

3: PAYMENT AND CONFIRMATION
Bookings for island rentals will be confirmed upon receipt of a 20% non-refundable accommodation deposit. A further non-refundable 40% payment is due no later than 9 months prior to the proposed date of arrival and we will remind you when this is due. A final non-refundable 40% payment plus a service charge of 2.5% of the total payments plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 3 months prior to the proposed date of arrival and we will remind you when this is due. Please remember to update us if your contact details change. If the Client makes a reservation less than 3 months prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if any payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. The method by which you should pay for your booking will depend on where you are making your reservation and your Reservations office should provide full details (including as to rates and payment) when they send you your invoice. When paying by credit card, fees will apply and these will vary depending on the card used.

The rates are published in US Dollars. If paying in a different currency, an exchange rate will be agreed at the time of paying the deposit, and this rate will usually apply to future deposits. This can be renegotiated by both parties in cases of extreme currency fluctuations.

5: CANCELLATION BY THE CLIENT OF ISLAND RENTALS
As with any travel, we strongly recommend that you purchase travel insurance which gives you full
cancellation cover. You must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and give you a cancellation number. If requested, we can also provide letters indicating that deposits have
been forfeited in order to assist you with any travel insurance claims. All deposits and other payments
are non-refundable; on a cancellation you will be refunded the 2.5% service charge if this has been paid. Please note that Clients are liable for any payments outstanding on the date the cancellation is received (other than any service charge as yet unpaid). There may also be cancellation fees levied by our affiliates/third parties such as airline or transfer operators. We will advise you of these additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith.

6: CHANGES BY THE CLIENT TO THE DATE OR NATURE OF A BOOKING
Requests for changes to the date or nature of a booking (including, for example, as to numbers) will be dealt with on a case by case basis and approved or rejected (in whole or in part) at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. All deposits and other payments are non-refundable. Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. A reasonable increase in guest numbers may be permitted at any time, however an additional cost may apply. Should you choose to leave Necker Island early for any reason other than in circumstances outlined in paragraph 11 below, no refund will be made to you nor will alternative dates be arranged.

7: CHANGES AND CANCELLATION BY THE COMPANY
The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. a) If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. b) If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. c) If no such alternative arrangements are offered in the circumstances referred to in paragraph b) or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. d) If the Client rejects the booking in the circumstances referred to in paragraph c) all monies which have been paid by the Client to us at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. e) Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of a cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Necker Island immediately if the Company reasonably considers that the Client’s behaviour at Necker Island has caused (or is likely to cause) loss, damage or harm to Necker Island or any part of it or its reputation or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any loss, damage or harm.

8 . ONWARD SALE/TRANSFER OF YOUR BOOKING
Your booking on Necker Island must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. Necker Island is Sir Richard Branson’s home and, given the especially private nature of Necker Island, you will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

9: FILMING ON NECKER ISLAND
Filming and photography on Necker Island are permitted for private purposes, however, any professional filming and photography will require our written approval in advance as well as official film and work permits from the BVI Government.

10: LIABILITY OF THE COMPANY
a) We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to the paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us. b) Nothing in paragraph a) shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us. c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company (including, without limitation, any loss or injury caused by another service provider, airline etc.). We would suggest that you obtain suitable insuranceto cover such loss or injury. The Company shall not be obligated to make any payments in those circumstances save where otherwise provided for in the terms and conditions above.

11: FORCE MAJEURE
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war, terrorism or hurricane, or you are advised by your government that it is unsafe to travel, then we will use reasonable endeavours to assist you in postponing your stay with us to a future date. If it is not possible to postpone your stay with us to a future date, we will repay to the Client all monies paid by the Client to us as at the date of cancellation less the Company’s reasonable expenses in respect of the booking. If you are forced to leave Necker Island early due to hurricane, tornado or other severe weather conditions, then we will use reasonable endeavours to offer the best alternative dates equivalent to the number of days lost, at a future time. Please contact one of our Reservations offices if you have any concerns about travelling due to war, terrorism or severe weather.

12: DATA PROTECTION
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK). We will not share your personal information with third parties for marketing or any other purposes without your consent as required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, The Metro Building,M1 Butterwick, London, W6 8DL, United Kingdom, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

13: ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE
These terms and conditions constitute the entire understanding and agreement in relation to their
subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14: GOVERNING LAW
This contract shall be governed and construed according to English Law and shall be subject to
the exclusive jurisdiction of the courts of the British Virgin Islands, save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

Important Notes
• Please read the terms and conditions carefully, payment of your first deposit constitutes agreement and understanding of our terms and conditions.
• Please carefully check the above details before paying your first deposit and immediately notify us of any errors.
• Any amendments are to be notified in writing, and are not confirmed until written notification confirming changes has been received from the Necker Island Sales Office.
• Please note that all payments are non-refundable, excluding the 2.5% service charge.
• Any extras are to be settled direct with Necker Island on departure.
• Note that arrivals can be after 16h00 and departure is before 12h00 (noon). Early arrivals and late departures are at the discretion of Necker management and may incur an additional cost.
• Due to the especially private nature of Necker Island, your booking with us may not be sold, awarded as a prize or transferred to anyone else without our prior written authorisation. See clause 8 of the terms and conditions for further information.
• Filming and photography on Necker Island are permitted for private purposes, however, any professional filming and photography will require our written approval in advance as well as official film and work permits from the BVI Government.

Ulusaba Terms and Conditions

THE LEGAL STUFF

PLEASE NOTE: We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ on several paragraphs. As always, please contact us if you would like more information.

1: Definitions and Parties
In these terms and conditions:
The ‘Company’ shall mean Ulusaba Rock Lodge (Pty) Ltd., a Company incorporated under the laws of South Africa. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings for exclusive use and ‘Group Bookings’ shall mean bookings for 5 or more rooms to be utilised by one party of individuals using individual rates. An ‘Individual Booking’ shall mean a booking using individual rates other than a group booking. ‘Ulusaba’ means Ulusaba Private Game Reserve. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: Bookings
A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name (following receipt of payment of the deposit as outlined in paragraphs 3 or 6 below (as appropriate).

PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has authority to do so.

TERMS AND CONDITIONS APPLYING TO INDIVIDUAL BOOKINGS

3: Payment and Confirmation
Bookings will be confirmed upon receipt of 100% pre-payment including a non-refundable accommodation deposit of 30%. Any additional payments due to external transport or transfer operators are due no later than 30 days prior to the proposed date of arrival at Ulusaba. Your reservations office can also advise you on the applicable rates and availability of flights between Johannesburg airport and Ulusaba’s private airstrip, which can be separately purchased by the Client from a third party provider. The Client acknowledges that such flights are offered under a general exemption from the requirement to hold an Air Travel Organisers’ Licence (ATOL), in accordance with The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995, as amended.

4: Cancellation by the Client
Firstly, as with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Secondly, you must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition. com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Thirdly, since we incur costs in cancelling your booking, if you cancel a booking you will be obliged to pay the applicable cancellation charges outlined below. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. Your 30% deposit is non-refundable regardless of when you cancel. If you cancel between 42 and 21 days prior to your proposed date of arrival at Ulusaba, a cancellation charge equal to 75% of your total accommodation charge will be levied; this comprises the 30% deposit and a further 45% penalty. There may also be cancellation fees levied by third parties/our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. If you cancel within 21 days of your proposed date of arrival at Ulusaba no refund of any part of the total accommodation charge will be given. Please note that clients are liable for any payments outstanding on the date cancellation is received.

5: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments which are received up to 42 days prior to your proposed date of arrival at Ulusaba, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 42 days prior to arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation cost and, as before, any such amendment is still at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. Should the Client choose to leave Ulusaba early for any reason other than in circumstances outlined in paragraph 13 below, no refund will be made to the Client. The client also agrees that individual or group stays at Ulusaba cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation. 

TERMS AND CONDITIONS APPLYING TO EXCLUSIVE USE AND GROUP BOOKINGS

6: Payment and Confirmation
Bookings will be confirmed upon receipt of a 20% non-refundable accommodation deposit. A second 40% non-refundable payment is due no later than 180 days prior to your proposed date of arrival at Ulusaba, along with any additional sums equal to any payments due to external transport or transfer operators. The final 40% non-refundable payment is due no later than 90 days prior to your proposed date of arrival at Ulusaba, along with any sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 90 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

7: Cancellation by the Client
All payments received are non-refundable so we strongly recommend that you purchase travel insurance which gives full cancellation cover. Please note that the Client is also liable for any payments outstanding on the date on which a cancellation is received from a Client and that all cancellations must be received in writing. This can be done by letter, fax or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number.

8: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 90 days prior to the proposed date of your arrival at Ulusaba, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 90 days prior to the proposed date of your arrival, we will also use best efforts to accommodate your amendment, however we reserve the right to charge a fee of up to 25% of your total accommodation costs. As before, any such accommodation of your amendment will still be at the sole discretion of the Management as described above and it will be dependent on, amongst other things, the percentage of dates and rooms originally booked that have been subsequently re-sold. Should the Client choose to leave Ulusaba early for any reason other than in circumstances outlined in paragraph 13 below, no refund will be made to the Client nor will alternative dates be arranged. The client also agrees that individual or group stays at Ulusaba cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation. 

TERMS AND CONDITIONS APPLYING TO ALL BOOKINGS

9: Onward Sale/Transfer of your Booking
Your booking at Ulusaba Private Game Reserve must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which makes reference to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose
10: Changes and Cancellation by the Company The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation.

PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Ulusaba immediately if the Company reasonably considers that the Client’s behaviour at Ulusaba has caused (or is likely to cause) loss, damage or harm to Ulusaba or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any such loss, damage or harm.

11: Liability of the Company

a) PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.

b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.

c) PLEASE NOTE: Due to the nature of activities undertaken at Ulusaba and because of the incidence of malaria in the region, all guests shall sign an indemnity and waiver on arrival at Ulusaba.

d) PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

13: Force Majeure
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled at Ulusaba if government advice means that you can’t travel. Please contact one of our reservations offices if you are concerned about travel due to war, terrorism or similar events.

14: Entire Agreement; Variation and Waiver; Severance
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification.  No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

15: Governing Law
This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of South Africa, save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

16: Data Protection
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK).We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, The Metro Building, 1 Butterwick, London, W6 8DL, United Kingdom, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thanks.

Son Bunyola Terms and Conditions

THE LEGAL STUFF

PLEASE NOTE: We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ on several paragraphs. As always, please contact us if you would like more information.

1: Definitions and Parties
In these terms and conditions: The ‘Company’ shall mean Arenal & Dunas Resort, S.L., a corporation organised under the laws of Spain. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings for exclusive use. In these terms and conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2: Bookings
A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name following receipt of payment of the deposit as outlined in paragraph 3 below. The Lead Booking Name on paying the deposit warrants to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final payment of 70% is due no later than 60 days prior to your proposed date of arrival, along with any additional sums equal to any payments due to third parties and/or our affiliates. If the Client makes a reservation less than 60 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% payment, plus any additional sums due to third parties and/or our affiliates, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

4: Cancellation by the Client
Firstly, as with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Secondly, you must send us any and all cancellations clearly and in writing to avoid any errors! This can be done by letter or email using the following contact details: Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, United Kingdom; enquiries@virginlimitededition.com. We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Thirdly, since we incur costs in cancelling your booking, if you cancel a booking you will be obliged to pay the applicable cancellation charges outlined below. Please note that if a payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. Your 30% deposit is non-refundable regardless of when you cancel. If you cancel your booking more than 60 days prior to your arrival date, we will refund any monies
received by us less the 30% non-refundable deposit. If you cancel your booking within 60 days of your arrival date no refund of any part of the total accommodation charge will be given. There may also be cancellation fees levied by third parties and/or our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. For the purposes of calculating the charges set out in this clause, we consider your arrival date to be day 0. Please note that the Client is liable for any payments outstanding on the date cancellation is received.

5: Changes by the Client to date or nature of the booking
We will use reasonable endeavours to accommodate requests for amendments received up to 60 days prior to the proposed date of your arrival, however this is at the sole discretion of the Management at Virgin Limited Edition’s UK Head Office. If we receive your request within 60 days prior to the proposed date of your arrival, we will also use reasonable endeavours to accommodate your amendment, however we reserve the right to charge a fee of up to 30% of your total accommodation costs. As before, any such accommodation of your amendment will still be at the sole discretion of the Management as described above and it will be dependent on, amongst other things, the percentage of dates and rooms originally booked that have been subsequently re-sold. Should the Client choose to leave early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to the Client nor will alternative dates be arranged. The Client also agrees that individual or group stays cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

6: Changes and Cancellation by the Company
The Company reserves the right to alter or cancel the whole or part of the booking.
The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us as at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave immediately if the Company reasonably considers that the Client’s behaviour has caused (or is likely to cause) loss, damage or harm to the Company or its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees against any such loss, damage or harm).

7: Liability of the Company
a) We accept no liability for ensuring that the accommodation which you book with us is provided as described in this ratecard, save where any part of your accommodation is not provided as described in this ratecard due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.

b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.

c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

8: Force Majeure
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war or terrorism or you are advised by your government that it is unsafe to travel, we will do all we can to make it easy for you to postpone your holiday. We will never impose any cancellation penalties for accommodation cancelled if government advice means that you can’t travel. Please contact our Reservations Office if you are concerned about travel due to war, terrorism or similar events.

9: Entire Agreement; Variation and Waiver; Severance
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

10: Governing Law
This contract shall be governed and construed according to English Law.

11: Data Protection
Your information is safe with us. Rest assured your details are held by Virgin Limited Edition in accordance with the Data Protection Act 1998 (UK). We will not share your personal information with third parties for marketing or any other purposes without your consent unless required by law. We operate an automatic opt in policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. With Virgin YOU are always in control of your personal information, so if at any time you wish us to stop contacting you then simply email us at: enquiries@virginlimitededition.com, write to Virgin Limited Edition, Reservations, Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, United Kingdom, or call us from the UK toll-free on 0800 716 919 or + 44 (0) 208 600 0430 internationally to let us know. Thanks.