Our Terms and Conditions

Kasbah Tamadot Terms and Conditions

DIRECT BOOKING 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 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 rates and ‘Group Bookings’ shall mean bookings for between 5 and 11 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Kasbah Tamadot. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 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;
Fax: +44 (0) 208 600 0431
enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date will incur a 30% penalty.
• Cancellations received between 41 and 21 days prior to a proposed arrival date, will incur a 75% penalty.
• Cancellations received 20 days or less prior to the proposed arrival date will incur a 100% penalty.

Please note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions) 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to the date or nature of a booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Kasbah Tamadot early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you 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.

6: Changes and Cancellation by the Company
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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you 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 Kasbah Tamadot 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: Indemity, Release and Waiver
a) PLEASE NOTE: Subject to paragraph 7(b), 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 Kasbah Tamadot. For the purposes of this paragraph 10, “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.

b) PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any employee of the Company whilst at Kasbah Tamadot 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.

11: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

12: 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 any other country in which the Client is.

The Lodge Exclusive Use Terms and Conditions

DIRECT BOOKING TERMS & CONDITIONS FOR EXCLUSIVE USE

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 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 and including 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 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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 20% refundable accommodation deposit. A second 40% refundable payment is due no later than 180 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. The final 40% non-refundable payment is due no later than 60 days prior to your proposed date of arrival at The Lodge, along with any sums equal to any payments due to external transport or transfer operators. All deposits become non-refundable within 60 days of your arrival.

Bookings Made Within a 60-day Window
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 20% refundable accommodation deposit with the final 80% non-refundable payment due no later than 30 days prior to your proposed date of arrival at The Lodge, along with any sums equal to any payments due to external transport or transfer operators. All deposits become non-refundable within 30 days of your arrival.

Bookings made within a 30-day window
If the Client makes a reservation less than 30 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 20% refundable accommodation deposit with the final 80% non-refundable payment due no later than 14 days prior to your proposed date of arrival at The Lodge, along with any sums equal to any payments due to external transport or transfer operators. All deposits become non-refundable within 14 days of your 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.

4: Cancellation by the Client
We strongly recommend that you purchase travel insurance which gives full cancellation cover. All payments are non-refundable unless stated otherwise in these terms and conditions. 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 emailing us at enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

Bookings made more than 60 days prior to arrival:

• Cancellations received within 60 days prior to the proposed arrival date will incur a 100% penalty.
  Bookings made within a 60-day window:
• Cancellations received within 30 days prior to the proposed arrival date will incur a 100% penalty.
  Bookings made within a 30-day window:
• Cancellations received within 14 days prior to the proposed arrival date will incur a 100% penalty.

Also note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions) 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5. Changes by the Clients to Date or Nature of the Booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Client choose to leave The Lodge 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 at The Lodge 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions 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 clients; 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, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

7. Liability of the Company
PLEASE NOTE a) We accept no liability for ensuring that the accommodation which you book with us, is provided as described in this contract 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 the enjoyment of the Guest’s accommodation with us. Subject to the paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid to us by you in respect of the Guest’s accommodation with us.

PLEASE NOTE 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 accommodation with us.

PLEASE NOTE c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client or the Guest which was outside the control of the Company. We would recommend that all Guests obtain suitable insurance to cover loss or injury and you will ensure all Guests are made aware of such recommendation. 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
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.
c) Notwithstanding clause 8(a), if you have to cancel your booking due to the below listed circumstances arising from Covid-19, you shall have the option of receiving either a voucher in the value of your booking which can be used to make a booking with us at a future date, or a refund of up to 80% of the total cost of your booking. This clause 8(c) shall apply where the following circumstances arise no earlier than 3 months in advance of the date of your booking:

• The government of your home country has issued a travel advisory warning against non-essential travel
• Border closures prohibit you from leaving your home country or entering Switzerland
• Quarantine rules upon entry into Switzerland are such that your holiday cannot be enjoyed as reasonably expected
• The law of your home country dictates that you would have to quarantine upon re-entering your home country

9. Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10. Other
a) The Client and the Company agree that no references to confirmations and other communications between the Company and the Client in these terms and conditions shall be deemed to impose or infer any obligation on the Company to communicate directly with the Guest and/or to accept any communication from the Guest to the Company directly. It shall be the responsibility of the Client to keep the Guest reasonably informed of all developments in relation to the booking. In addition, the Client and the Company agree that no obligation of the Company to pay or refund to the Client any sums under or in connection with these terms and conditions shall be deemed to impose or infer any obligation on the Company to make any such payment or refund to the Guest.
b) The Company and the Client do not intend any of these terms and conditions to be enforceable by or confer any rights upon any person other than the Company and the Client by virtue of the Contracts (Rights of Third Parties) Act 1999.

11. 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.

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. 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 any other country in which the Client is.

The Lodge Winter Hotel Weeks and Summer Bookings Terms and Conditions

DIRECT BOOKING TERMS & CONDITIONS FOR HOTEL WEEKS AND SUMMER BOOKINGS

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 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 and including 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 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at The Lodge. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 all cancellations clearly and in writing to avoid any errors! This can be done by emailing us at enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date will incur a 30% penalty.
• Cancellations received within 41 days prior to the proposed arrival date, will incur a 100% penalty.

The Client is also liable for any payments outstanding on the date upon which the cancellation is received by the Company. Please note that there may also be cancellation fees levied by third parties such as flight or transfer operators. The Company will advise the Client of these once it becomes aware of them and, if requested, the Client will reimburse the Company in respect of such charges forthwith.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5. Changes by the Clients to Date or Nature of the Booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave The Lodge early for any reason other than in circumstances outlined in paragraph 10 below, no refund will be made to you, 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.

6. Changes and Cancellation by the Company
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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you 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 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 8 shall be without prejudice to the rights of the Company set out in paragraph 10(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 10(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 8.

7. Liability of the Company
PLEASE NOTE a) We accept no liability for ensuring that the accommodation which you book with us, is provided as described in this contract 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 the enjoyment of the Guest’s accommodation with us. Subject to the paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid to us by you in respect of the Guest’s accommodation with us.

PLEASE NOTE 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 accommodation with us.

PLEASE NOTE c) For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client or the Guest which was outside the control of the Company. We would recommend that all Guests obtain suitable insurance to cover loss or injury and you will ensure all Guests are made aware of such recommendation. 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
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraphs 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.

b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9. Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at marketing@virginlimitededition.com

10. 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.

11. 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. 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 any other country in which the Client is.

Mahali Mzuri Terms and Conditions

DIRECT BOOKING TERMS & 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 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 paragraph 3 ‘Payment and Confirmation’ below.
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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Mahali Mzuri. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 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;
Fax: +44 (0) 20 8600 0431
enquiries@virginlimitededition.com.

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date will incur a 30% penalty.
• Cancellations received between 41 and 21 days prior to a proposed arrival date, will incur a 75% penalty.
• Cancellations received 20 days or less prior to the proposed arrival date will incur a 100% penalty.

Please 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Mahali Mzuri early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you 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.

6. Changes and Cancellation by the Company
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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you to leave Mahali Mzuri immediately if the Company reasonably considers that the Guest’s behaviour at Mahali Mzuri has caused (or is likely to cause) loss, damage or harm to Mahali Mzuri 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

7. 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 contract, save where any part of your accommodation is not provided as described in this contract 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.

8. Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9. Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10. 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 7 (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 10, “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.

11. 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

12. 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 any other country in which the Client is.

14. Park Entrance Fees
Conservation fees are included in our room rates for the Olare Motorogi conservancy. Please note, any guests entering the Masaai Mara National Reserve will be charged conservation fees (charges apply to passengers and vehicle). These rates are not included within our accommodation rates, except for one complimentary pass to guests who stay three or more nights during our Migration Season. Please contact our sales agents who will be pleased to quote rates as required.

15. AMREF Flying Doctors Scheme
'AMREF, the flying doctors’ organization based in Nairobi, provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. AMREF Flying Doctors operates 24 hours a day, 365 days a year as a vital link between remote areas and AMREF's Control Centre at Wilson Airport in Nairobi. Their airplanes, some fitted with operating theatre and resuscitation room, can take you back to Nairobi and to its modern, efficient private hospitals in less than one hour. All you need to do is to subscribe to their insurance: it costs very little and whilst it’s highly unlikely you’ll need to use it, it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double checking what’s included in the existing policy as air evacuation may not be covered. To buy AMREF insurance please visit www.flydoc.org or ask your travel agent or tour operator.’

Mont Rochelle Terms and Conditions

DIRECT BOOKING 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 13+ bedrooms for exclusive use including the booking of Manor House. ‘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 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Mont Rochelle. All deposits become non-refundable within 42 days of your arrival. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 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;
Fax: +44 (0) 208 600 0431
enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date will incur a 30% penalty.
• Cancellations received between 41 and 21 days prior to a proposed arrival date, will incur a 75% penalty.
• Cancellations received 20 days or less prior to the proposed arrival date will incur a 100% penalty.

Please 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.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Mont Rochelle early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you 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.

6: Changes and Cancellation by the Company
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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you 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 Mont Rochelle 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a)If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b)If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: Indemnity, Release and Waiver
a) PLEASE NOTE: Subject to paragraph 7(b), 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 10, “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.

11: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

12: 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 any other country in which the Client is.

Ulusaba Terms and Conditions

DIRECT BOOKING 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 Ulusaba Rock Lodge (Pty) Ltd (trading as Ulusaba Private Game Reserve), 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 a 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 utilized 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 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Ulusaba. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 when they send you your invoice. 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
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 all cancellations clearly and in writing to avoid any errors! This can be done by emailing us at
enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date, will incur a 30% penalty.
• Cancellations received between 41 and 21 days prior to a proposed arrival date, will incur a 75% penalty.
• Cancellations received 20 days or less prior to the proposed arrival date will incur a 100% penalty.

Please 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Ulusaba early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you 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.

6: Changes and Cancellation by the Company
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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you to leave Ulusaba immediately if the Company reasonably considers that the Guest’s behaviour at Ulusaba has caused (or is likely to cause) loss, damage or harm to Ulusaba 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6

7: 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 contract save where any part of your accommodation is not provided as described in this contract due to the fault of our employees or agents and this has adversely affected the enjoyment of the Client’s accommodation with us. Subject to the paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid to us by you in respect of the Client’s accommodation with us
b) PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. 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
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: Indemnity, Release and Waiver
a) The Client hereby acknowledges that the animals, insects and wildlife at Ulusaba and the surrounding land (the “Farms”) constitute a potential danger to persons walking on the Farms or any part thereof or travelling in open or closed vehicles thereon, whether or not accompanied by a ranger or staff member and whether or not in the proximity of bungalows and other buildings.

b)PLEASE NOTE: Subject to paragraph 7 (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 Ulusaba. For the purposes of this paragraph 10, “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 than he will be entering a malaria-infected area and acknowledges that he has 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 ranger or other officer or employee of the Company whilst on the Farms 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.

11: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

12: 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 any other country in which the Client is.

13: Conservation Fees
Please note, any self-driving guests entering Sabi Sands Private Game Reserve will be charged conservation fees (charges apply to passengers and vehicle). These rates are not included within our accommodation rates. Please contact our sales agents who will be pleased to quote rates.

Son Bunyola Villas Terms and Conditions

DIRECT BOOKING TERMS & 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 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. ‘Guest’ shall mean the one or more individuals in respect of whom the Client is seeking to make the 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 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.

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.

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

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 all cancellations clearly and in writing to avoid any errors! This can be done by letter or email using the following contact details:
Attn: Reservations
Address: Virgin Limited Edition,
The Metro Building, 1 Butterwick,
London W6 8DL, UK
Email: enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 61 days prior to the proposed arrival date will a 30% penalty.
• Cancellations received 60 days or less prior to the proposed arrival date will incur a 100% penalty.

The Client is also liable for any payments outstanding on the date upon which the cancellation is received by the Company. Please note that 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Son Bunyola early for any reason other than in circumstances outlined in paragraph 10 below, no refund will be made to you, nor will alternative dates be arranged.

The Client also agrees that individual or group stays at Son Bunyola 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you to leave Sun Bunyola immediately if the Company reasonably considers that the client’s behaviour at Son Bunyola has caused (or is likely to cause) loss, damage or harm Son Bunyola 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraphs 4 & 6 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.

b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

12: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

13: 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 any other country in which the Client is.

Son Bunyola Hotel Terms and Conditions

DIRECT BOOKING TERMS & 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 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 a travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive rates and ‘Group Bookings’ shall mean bookings for between 5 and 11 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a deposit equal to the first night of accommodation. The final payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 28 days prior to the proposed date of arrival at Son Bunyola Hotel. If the Client makes a reservation less than 28 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-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. 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 when they send you your invoice.

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 all cancellations clearly and in writing to avoid any errors! This can be done by email using the following contact details:
enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 29 days prior to the Guest’s proposed arrival date will not incur a cancellation penalty.
• Cancellations received 28 days or less prior to the Guest’s proposed arrival date will incur a 100% penalty.

Please note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions) 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Son Bunyola Hotel early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you nor will alternative dates be arranged.
The Client also agrees that individual or group stays at Son Bunyola Hotel 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you to leave Son Bunyola Hotel immediately if the Company reasonably considers that the client’s behaviour at Son Bunyola Hotel has caused (or is likely to cause) loss, damage or harm Son Bunyola Hotel 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE 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 accommodation with us.

PLEASE NOTE 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.

b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: Indemnity, Release and Waiver

a) PLEASE NOTE Subject to paragraph 7(b), 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 Son Bunyola Hotel. For the purposes of this paragraph 10, “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.

b) PLEASE NOTE The Client undertakes to obey all instructions given to him at any stage by any employee of the Company whilst at Son Bunyola Hotel 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.

11: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

11: 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 any other country in which the Client is.

Necker Island Celebration Weeks Terms and Conditions

DIRECT BOOKING TERMS & CONDITIONS CELEBRATION WEEKS

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 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. ‘Guest’ shall mean the one or more individuals in respect of whom the Client is seeking to make the 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings for Celebration Weeks will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final non-refundable 70% payment plus a service charge of 2.5%, a 3% BVI Hotel Accommodation Tax and an optional 1% donation to our charity partner (Unite BVI) is due 90 days prior to the proposed date of arrival, along with any sums equal to any payments due to external transport or transfer operators.

PLEASE NOTE: 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.

4: Cancellation by the Client
We strongly recommend that you purchase travel insurance which gives full cancellation cover. All payments are non-refundable unless stated otherwise in these terms and conditions. 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:
Attn: Reservations
Address: Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, UK
Fax: +44 (0)208 600 0431
Email: enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 91 days prior to the proposed arrival date will incur a 30% cancellation penalty.
• Cancellations received within 90 days prior to the proposed arrival date will incur a 100% penalty.

If requested, we can also provide letters indicating that deposits have been forfeited in order to assist you with any travel insurance claims. On a cancellation you will be refunded the 2.5% service charge if this has been paid. Please 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to the date or nature of a booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Client choose to leave Necker Island 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 at Necker Island 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you 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 Necker Island 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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 any other country in which the Client is.

Necker Island Exclusive Use Terms and Conditions

DIRECT BOOKING TERMS & CONDITIONS EXCLUSIVE USE
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: Definition 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. ‘Guest’ shall mean the one or more individuals in respect of whom the Client is seeking to make the 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 10% non-refundable accommodation deposit. A second 50% non-refundable payment is due no later than 270 days (9 months) prior to your proposed date of arrival at Necker Island, along with any additional sums equal to any payments due to external transport or transfer operators. The final 40% non-refundable payment plus a service charge of 2.5%, a 3% BVI Hotel Accommodation Tax and an optional 1% donation to our charity partner (Unite BVI) is due no later than 90 days prior to the proposed date of arrival, along with any sums equal to any payments due to external transport or transfer operators.

PLEASE NOTE: 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.

4: Cancellation by the Client
We strongly recommend that you purchase travel insurance which gives full cancellation cover. All payments are non-refundable unless stated otherwise in these terms and conditions. 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:
Attn: Reservations
Address: Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, UK
Fax: +44 (0)208 600 0431
Email: enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 271 days prior to the Guest’s proposed arrival date will incur a 10% cancellation penalty.
• Cancellations received within 270 and 181 days prior to the proposed arrival date will incur a 60% penalty.
• Cancellations received within 180 days prior to the proposed arrival date will incur a 100% penalty.

If requested, we can also provide letters indicating that deposits have been forfeited in order to assist you with any travel insurance claims. On a cancellation you will be refunded the 2.5% service charge, 3% BVI Hotel Accommodation Tax and the optional 1% donation to our charity partner (Unite BVI) if this has been paid. Please 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Client choose to leave Necker Island 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 at Necker Island 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you 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 Necker Island 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 you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. The Company shall not be obligated to make any payments in those circumstances other that as otherwise referred to in the terms and conditions above.

8: Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

11: Additional Guests
We are happy to accommodate additional guests on the island and our Reservations Team can provide you with a schedule of costs for overnight stays, dinner and drinks and other activities. Where 20 or more extra guests will be visiting the island during your stay, you are required to inform us of the approximate number at least 90 days prior to your arrival. A 50% non-refundable deposit is payable 90 days prior to your arrival. Extra guest numbers (within 10% of your “final confirmed number”) need to be confirmed 60 days prior to your arrival, where a further 30% non-refundable deposit is payable. The “Final confirmed number” of extra guests must be confirmed 14 days prior to your arrival, and any outstanding monies settled. Any increase on the “final confirmed number” within 14 days of arrival shall be at our sole discretion.

12: 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.

13: 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 any other country in which the Client is.

Moskito Island Terms and Conditions

DIRECT BOOKING TERMS & CONDITIONS EXCLUSIVE USE OF AN ESTATE ON MOSKITO ISLAND

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 Moskito Homeowners Ltd, 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. ‘Guest’ shall mean the one or more individuals in respect of whom the Client is seeking to make the 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 paragraph 3 ‘Payment and Confirmation’ below.

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.

3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 20% non-efundable accommodation deposit. A second 40% non-refundable payment is due no later than 180 days prior to your proposed date of arrival at Moskito Island, along with any additional sums equal to any payments due to external transport or transfer operators. The final 40% non-refundable payment plus the 2.5% service charge, 3% BVI Hotel Accommodation Tax and an optional 1% donation to our charity partner (Unite BVI) is due no later than 90 days prior to your proposed date of arrival, along with any sums equal to any payments due to external transport or transfer operators.

Bookings made within a 90-day window: Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% non-refundable payment plus the 2.5% service charge, 3% BVI Hotel Accommodation Tax and an optional 1% donation to our charity partner (Unite BVI) is due no later than 60 days prior to your proposed date of arrival, along with any sums equal to any payments due to external transport or transfer operators.

PLEASE NOTE: 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.

4: Cancellation by the Client
We strongly recommend that you purchase travel insurance which gives full cancellation cover. All payments are non-refundable unless stated otherwise in these terms and conditions. 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:
Attn: Reservations
Address: Virgin Limited Edition, The Metro Building, 1 Butterwick, London W6 8DL, UK
Fax: +44 (0)208 600 0431
Email: enquiries@virginlimitededition.com

The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 181 days prior to the Guest’s proposed arrival date will not incur a 20% penalty.
• Cancellations received within 180 and 91 days prior to the proposed arrival date will incur a 60% penalty.
• Cancellations received within 90 days prior to the proposed arrival date will incur a 100% penalty.

Bookings made within a 90-day window:

• Cancellations received between 90 and 61 days prior to the proposed arrival date will not incur a 30% penalty.
• Cancellations received within 60 days prior to the proposed arrival date will incur a 100% penalty.

If requested, we can also provide letters indicating that deposits have been forfeited in order to assist you with any travel insurance claims. On a cancellation you will be refunded the 2.5% service charge, 3% BVI Hotel Accommodation Tax and the optional 1% donation to our charity partner (Unite BVI) if this has been paid. Please note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions) 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.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Client choose to leave Moskito Island 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 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 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. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

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 under these terms and conditions and require you to leave Moskito Island immediately if the Company reasonably considers that the Client’s behaviour has caused (or is likely to cause) loss, damage or harm Moskito Island 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, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

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

PLEASE NOTE: 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 accommodation with us.

PLEASE NOTE: 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 recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. 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
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9: Data Protection
We respect your privacy and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/en/legal/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: marketing@virginlimitededition.com

10: Filming on Moskito Island
Filming and photography on Moskito 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

11: 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. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. 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.

12: 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 any other country in which the Client is.