ALIVE and Well Resorts & Hotels Ltd. Vacation Terms & Conditions

IMPORTANT: THESE TERMS AND CONDITIONS GOVERN THE AGREEMENT FOR PROPERTY ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES BETWEEN YOU AND ANYONE TRAVELING WITH YOU (COLLECTIVELY AND INDIVIDUALLY “GUEST”) AND ALIVE AND WELL RESORTS & HOTELS LTD. (“A&W”) DBA KOKOMO BOTANCIAL RESORT & SPA, ONE ON MARLIN SPA RESORT, RIDGE RESIDENCES INN, AND ALIVE AND WELL VACATION CLUB (COLLECTIVELY AND INDIVIDUALLY “PROPERTY”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR DEPOSIT OR ACCEPTANCE OF ANY VOUCHERS FROM A&W CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE “AGREEMENT”).

Additional Definitions: As used herein, “Arrival” means the Guest’s arrival at the Property for the start of their vacation. “Property” means the A&W managed vacation destination(s) visited by Guest.

  1. These terms and conditions shall supersede and/or override any representations found on any third party website, not limited to but including all online travel agent websites (i.e. Expedia.com, Booking.com, etc.) or contained in any advertising and promotional materials to the extent of any inconsistency.
  2. Travel Agents: Any travel agent used by Guest to make reservations is, for all purposes, Guest’s agent. Neither A&W nor the Property shall be liable for any representations made by Guest’s travel agent. No travel agent has the authority to modify or waive these terms and conditions.
  3. Rates: All rates are subject to change until purchase price is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges; fare increases, fuel or other surcharges, or other events beyond A&W’s control. A&W may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of your reservation. All rates are in U.S. dollars.
  4. Payments Required to Secure Reservation: Payment of the total purchase price, including all applicable taxes and service charges is due in full at the time of booking unless A&W has received a prior written request by the Guest to make a deposit only at time of booking. A minimum deposit of fifty (50%) percent of the total purchase price (if reserved through A&W sales channels or “hotel collect” options from online travel agencies. i.e. Expedia) is due at time of booking to secure a confirmed reservation.
    1. A&W must receive full and final payment of the purchase price by the Due Date, hereinafter referred to as a minimum of no less than 21 days prior to the date of Arrival year round, excluding booking dates that include any United States or Canadian Statutory Holidays and the Holiday Period between December 19th and January 4th. All bookings made 21 days or less prior to Arrival must be paid in full at time of booking. The Due Date for full and final payment for all booking dates that include any United States or Canadian Statutory Holiday is 42 days prior to the date of Arrival. The Due Date for full and final payment for all booking dates during the Holiday Period is October 31st.
    2. As of the above-mentioned Due Date, without further notice, the Guest authorizes A&W to charge the balance of payment of the purchase price in full to the credit card provided by the Guest at time of making the booking.
    3. A&W may cancel any booking and release any Property for which full payment has not been received by the earlier of the respective Due Date above mentioned or at least 21 days prior to Arrival. The date for full and final payment may be subject to change during certain periods. Guest’s booking confirmation will provide notice of any such change.
  1. Cancellation Charges: For cancellation by Guest, cancellation charges depend on when A&W receives notice of the cancellation. Minimum cancellation charges are as follows:
    1. If notice is received 21 days or less prior to Arrival a Cancellation Charge of 100% of the total purchase price applies. If the Guest is a No Show on the scheduled Arrival date 100% of the total purchase price is forfeited without deduction as a No Show Penalty. If notice is received 22 days or more prior to Arrival, excluding booking dates that include Statutory Holidays and the Holiday Period, no Cancellation Charges apply.
    2. If notice is received 42 days or less prior to Arrival for all booking dates that include a Statutory Holiday but excluding the Holiday Period, a Cancellation Charge of 100% of the total purchase price applies. If notice is received 43 days or more prior to Arrival for all booking dates that include a Statutory Holiday but excluding the Holiday Period, no Cancellation Charges apply.
    3. If notice is received before October 31st for the Holiday Period, no Cancellation Charges apply. If notice is received after October 31st for the Holiday Period, Cancellation Charge of 100% of the total purchase price applies.
    4. Certain packages may be non-refundable regardless of time of cancellation. Guest should make written requests for non-refundable package details if deemed necessary by the Guest prior to booking. A&W will apply any payments made toward the total purchase price against any cancellation charges and will refund any balance remaining after the payment of any charges. In order to receive a refund, if applicable, Guest must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges. NO REFUNDS OR ADJUSTMENTS WILL BE MADE FOR ANY PORTION OF VACATION PACKAGE OR THIRD PARTY SERVICES NOT UTILIZED.
  1. Changes to Reservations: A&W does not charge Guests a Change Fee. If Guest desires to change, but not cancel, a reservation, Guest may request a Change to Reservation from A&W at any time prior to the originally scheduled Arrival date for all bookings, excluding those during peak Statutory Holiday Dates and Periods when the Property is historically sold out. A&W will use its best efforts to accommodate all Change requests, but confirmation is subject to availability and cannot be guaranteed. All requested changes to reservations are subject to A&W’s sole discretion, and any changes must be approved in writing. Changes are subject to all applicable room rates in effect, including fees, and charges at the time of confirming the changes. If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
  2. Special Requests: A&W cannot guarantee that it will satisfy special requests (including but not limited to requests for specific rooms or room locations, adjoining rooms, bed sizes, meal reservations or seatings, or services provided by third party providers). A&W is not responsible if such requests are not met.
  3. Room Occupancy Limitations: Each Property and Room Type has set occupancy levels for fire, safety, and insurance purposes. All rates published are based on minimum single or double occupancy. Additional Guests will incur additional costs per extra, child, adult or senior citizen as published online from time to time. Any Reservation for more than two (2) people for a one bedroom suite or five (5) people in two bedroom villa will not be honored. Children twelve (12) years of age and under are counted in the number of people for Guest occupancy purposes. Without exception, at the One On Marlin Spa Resort Guest with more than two (2) people at Arrival must book and pay for an additional room at the prevailing Best Available Rate at time of check-in for all additional Guests. One On Marlin is exclusively an Adults ONLY Property. Children of any age are not permitted. All One On Marlin Guests must be a minimum of 21 years of age at Arrival.
  4. Persons with Disabilities: A&W cannot guarantee that destination airports, airport transfer vehicles, or Property accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability. At this time no A&W Property is wheelchair or handicapped persons accessible.
  5. Room and Property Changes: A&W may, for any reason, at any time, and without prior notice, substitute Properties and/or rooms for accommodations of equal or greater value than those specified in Guest’s reservation. A&W shall not be liable for any loss or injury to Guest caused by such substitution of Property and/or rooms.
  6. Security Deposit: Upon Arrival at the Property all Guests will be required to provide a credit card pre-authorized for a minimum of $500 per room to cover all expenses related to incidentals, excursions, cellular data usage, meal plans, rentals, and a loss or damage deposit. The Guest agrees that without further notice A&W can automatically increase the pre-authorized minimum of a sufficient amount to cover the total cost of all non-room relates expenses incurred through the duration of the vacation and process payment for the before, during and after check -out. Regardless of the date such expenses were incurred by the Guest the Guest authorizes A&W to process payment for all charges to any credit card on file for the booking.
  7. Car Rental, Meals and Activities Vouchers: If applicable, any and all car rental vouchers are sent electronically by email to Guest or Guest’s travel agent approximately three weeks prior to travel. If applicable, any and all other vouchers will be made available to Guest at Arrival. Guests are responsible for said vouchers. All rental rates are set by the issuing car rental company and are valid only for the specific period booked. Any changes to the Reservation Period may result in the requirement of additional expenses. Vouchers are non-transferable and are only valid for use by Guest during the Reservation Period. Lost, stolen, or unused Vouchers may not be exchanged, replaced, credited, or refunded for the same or alternative dates. Depending on the rules of the issuing car rental company, Car Rental Voucher may be completely non-refundable regardless of time of cancellation or change, depending on applicable car rental company restrictions.
  8. Travel Documents: PROOF OF CITIZENSHIP IS GUEST’S RESPONSIBILITY. Guest is responsible for furnishing proof of citizenship in the form of a valid passport, and any other documentation necessary for travel. Guest should consult with their travel agent or airline, or appropriate government authorities to ascertain what documentation is necessary. Turks & Caicos Islands Visa Requirements are found online at http://turksandcaicostourism.com/immigration-turks-and-caicos-entry-requirements/. Guest may be refused passage/entry if they do not possess necessary travel documents. A&W is not responsible for Guest’s failure to obtain and safeguard necessary travel documents.
  9. Customs and Immigration: Customs and/or immigration officials may, at their own discretion, deny Guest entry into their country, and/or seize, confiscate, or impound personal property. A&W is not liable for any loss or injury arising from Guest being denied entry into any country or the seizure, confiscation, or impoundment of any personal property.
  10. Compliance with Local Law: Guest is responsible for knowing, obeying and complying with the laws, rules and regulations of their destination, and neither A&W nor any Property has any duty to inform or warn Guest about the destination’s laws, and/or rules & regulations. Property Rules & Regulations are available at the Front Desk.
  11. FORUM SELECTION AND CHOICE OF LAW: 
    1. AGAINST A&W ONLY:
      ALL CLAIMS WHATSOEVER AGAINST A&W, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AGREEMENTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE AGREEMENT, OR GUEST’S VISIT TO PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE AGREEMENT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN PROVIDENCIALES, TURKS & CAICOS ISLANDS AND SHALL BE EXCLUSIVELY GOVERNED BY THE LAWS OF THE TURKS & CAICOS ISLANDS WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.
    2. CLAIMS WHICH INCLUDE PROPERTY AND/OR LEGAL OWNERS OF THE ACCOMMODATIONS.
    3. THE FOREGOING IN PARAGRAPH 15.A. NOTWITHSTANDING, ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH, THAT INCLUDE ANY CLAIM WHATSOEVER AGAINST ALIVE AND WELL RESORTS & HOTELS LTD., OR THE PROPERTY OWNER, PROPERTY MANAGEMENT COMPANY, AND/OR THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OR EMPLOYEES, AND TO WHICH CLAIM A&W IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE TURKS & CAICOS ISLANDS AND GOVERNED EXCLUSIVELY BY THE LAWS OF TURKS & CAICOS ISLANDS.
    4. NOTICE OF REQUIRED SIGNING AND ASSENT AT PROPERTY CHECK-IN
      Notwithstanding the terms set forth in Paragraph 16.A. and 16.B. of this Agreement, the Guest will be required DURING THE PROPERTY CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the following forum selection and choice of law provisions:

The undersigned Guest(s) hereby knowingly and voluntarily agrees with A&W’s Terms & Conditions found online at the time of payment of Reservation and that any and all claims that each such Guest may have against Alive and Well Resorts & Hotels Ltd., the Property owner, Property management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees, in connection with or in any way incident or related to the undersigned Guest’s (or Guests’) stay at the Property/resort, shall be governed solely by the laws of the Turks & Caicos Islands as the exclusive choice of law, and further that the courts of the Turks & Caicos Islands shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever. 

IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS ELECTRONICALLY OR ELSEWISE AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE PROPERTY. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED. 

The Guest’s Tour Operator and/or Travel Agent (to the extent one has been used) is being provided with this Notice and, in turn, said Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraph 16.C) to the Guest. Should the Guest decide to cancel Guest’s trip/vacation based upon unwillingness to sign and assent to the specific forum selection and choice of law provisions, the following minimum cancellation charges are:

No charge, if notice of cancellation is within 3 business days of booking with A&W, provided that cancellation is greater than 21 days prior to Arrival.

1 night Penalty if notice is between 7 to 0 days prior to Arrival, in the event there are 7 days or less between booking with A&W and scheduled arrival at the Property. Otherwise, see Paragraph 5 above.

  1. LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST A&W, ANY PROPERTY OWNER OR PROPERTY MANAGEMENT COMPANY, AND/OR THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS RELATING TO PERSONAL INJURY, ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED BY FEDERAL EXPRESS COURIER TO A&W, ATTENTION: CLAIMS, ALIVE AND WELL RESORTS & HOTELS LTD., KOKOMO BOTANICAL RESORT, GUEST SERVICES CLUBHOUSE, 31 DOWNWIND STREET, PROVIDENCIALES, TURKS & CAICOS ISLANDS, TKCA 1ZZ AND IS RECEIVED WITHIN SIX MONTHS AFTER THE DEATH OR LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS. IN NO EVENT SHALL SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE YEAR AFTER THE DEATH, LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS.
  2. LIMITATION OF DAMAGES: A&W, ANY PROPERTY OWNER OR PROPERTY MANAGEMENT COMPANY, THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE TO GUEST IN ANY CIRCUMSTANCES, FOR: (A) ANY PERSONAL INJURIES OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY AIR CARRIER OR GROUND TRANSPORTATION CARRIER; (B) EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND; OR (C) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES.
  3. All Other Defenses Preserved: Nothing in this Agreement shall exclude the application of any defense, including but not limited to any governing law limiting or excluding actions, claims, liability or damages.
  4. Free Nights Sunny and Warm Guarantee: When an individual Guest makes a direct online reservation on the Property website, from the day of Arrival for each and every FULL DAY of the Reservation that is either rainy and overcast or the average daytime temperature is less than 23 degrees C (74 degrees F) A&W will credit the Guest 50% of the net attributable room rate (exclusive of taxes and service charges) the Guest paid for that day and a full 100% credit for each and every FULL day that neither sunny nor warm as prescribed above! Credit will be processed within thirty (30) days of completion of stay with credit card on file. Guarantee only applies to the room portion of direct bookings made on the property’s website for individual (non-group) bookings only.
  5. Specials, promotions, and discounts cannot be combined with each other. Only one special or discount can be applied to each Reservation.
  6. All Villas and Suites come equipped with a dedicated mobile phone and charger (the “equipment”) for Guest use only. The Security Deposit in paragraph 11 includes a $200.00 deposit for Talk Time (cellular, wifi, and data) to be added to the equipment. In the event of damage or loss to the equipment the deposit will be retained in full. All Guest mobile phones are automatically pre-loaded with incremental $10 of Talk Time Top Ups for the convenient usage by the Guest through the duration of the vacation based on the published rates from Flow. Acceptance of this Service Fee is acknowledged by actual usage. All Talk Time usage Service Fees will be added to the Guest Folio in increments of $10.00 plus application taxes and service charges as and when topped up. Top Up balances remaining at Check Out will not be refunded. If the Guest does not specifically notify the Property to opt-out upon Arrival the minimum $10 fee will be added to the Guest Folio. By accepting this Agreement the Guest acknowledges these terms of use and consents to payment by the credit card on file and authorizes all charges as set out in this Agreement in respect to the equipment and services provided.