These terms of [a]use ("Terms") set forth the legally binding terms and conditions for your use of the Experience Resorts, LLC (together, "Company," "we," "our," or "us") website, www.theexperienceresorts.com (the "Site"), and the other services, features, content and applications offered by us on the Site. The Site, and any other services, features, content and applications offered by us may each be referred to herein as a "Service" and collectively as the "Services".
PLEASE READ THE TERMS CAREFULLY IF YOU WISH TO USE OUR SERVICES. BY USING OUR SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS.
THESE TERMS INCLUDE IMPORTANT LIMITATIONS ON YOUR RIGHTS TO SUE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
2. Use of Site
No monetary charge is made for the general use of the Site, unless you choose to make a reservation, purchase merchandise or other services or goods. If you wish to make a purchase, you must click on the designated link at the top of the page, fill in any required information and follow the instructions. We reserve the right to change, modify, add, or delete portions of these Terms at any time, in our sole discretion. Any changes will be posted to these Terms on this web page. Therefore, please check these Terms regularly. We will also indicate at the bottom of this document the dates of any revisions to these Terms.
Your continued use of the Services one (1) business day after the posting of new Terms constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) our Services.
You agree to notify us immediately, at email@example.com, of any unauthorized use of your event ticket. You agree that we may reasonably rely on your event ticket to identify you. You agree to be solely responsible for any losses incurred by us or another party due to someone else using your event ticket.
You agree to: (a) provide true, accurate, current and complete information about you as may be prompted by any forms submitted to Company; and (b) be fully responsible for all uses of your ticket. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
By subscribing to, or accessing, the Services, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.
If any part of our Services requires a login or password, then such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone to use your login or password to access the particular Service. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify us immediately at firstname.lastname@example.org, if the security of your login or password has been breached.
4. Public Forums and Submissions
The Services may provide chat rooms, forums, message boards, blog feeds, news groups and/or other interactive tools to its users including links to third party websites, applications or third party "plug-ins". You are solely responsible for the information, data, opinions, descriptions, photos, profiles, messages, "shouts", comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through our Services or transmit to or share with us and other users (collectively, the "User Content").
By uploading, publishing, modifying or displaying User Content to any part of our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Services.
You represent and warrant that your User Content will not contain any material that: (a) is false, inaccurate, or misleading; (b) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; (c) violates any law or regulation; (d) is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; (e) is obscene or contains pornography; or (f) contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that we do not verify or vouch for any such content and if we determine, in our sole discretion, that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to: (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use any or all of our Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific Internet Protocol (IP) addresses or deactivating the applicable user's registration. Please note, if we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be embedded in the Service as aggregate data.
For more information on our social media policies, please visit www.theexperienceresorts.com/social-media-disclaimer.
5. Rules of Conduct
Your use of our Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: (a) you will not interfere with another member's use of our Services; (b) you will not interfere with or disrupt the security measures of our Services; (c) you will not interfere with or disrupt networks connected to our Services, and will comply with all regulations, policy and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use our Services to: (a) send or result in the transmission of "spam" (junk e-mail) or unsolicited messages; (b) promote or generate revenue for any business or commercial purposes unless authorized in writing by us; (c) impersonate any person or entity; intentionally or unintentionally or create a false identity on our Services; (d) collect or store personal data about other users; (e) make publicly available on our Services, or otherwise transmit, any private information of any third party; or (f) make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post content that you own and/or control -- and not content owned and/or controlled by others. You are fully responsible for your User Content. In other words, if you send us content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to terminate any user's account without notice if that user is determined to be a "repeat infringer" of others' intellectual property.
7. Proprietary Rights
All content on our Services, including but not limited to, visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, and their selection and arrangement ("Site Content"), is our proprietary property, our users or its licensors with all rights reserved. Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any materials contained within the Services (except for your User Content) without our express prior written consent.
8. Limited License
You are granted a limited license to access our Services and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trademark or other notices contained on the Services, including notices on any content you download, transmit, print or reproduce from the Services, nor shall you distribute such Site Content. Except for your User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Services or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This limited license is revocable at any time without notice and with or without cause.
9. Third Party Websites and Content
Our Services may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, "plug-ins", offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our Terms and Policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Services or relating to any applications you use or install from the Third Party Site.
We have the right to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (a) restrict, deactivate, suspend, or terminate your access to our Services, including deletion of your account(s) and all related information and files in your account(s); (b) refuse, move, or remove for any reason any material that you submit on or through the Service; (c) refuse, move, or remove any material that is available on or through our Services; and/or (d) establish general practices and limits concerning use of our Services. We may take any of the above actions for any reason, as determined by us, in our sole discretion, including, but not limited to: (a) breaches or violations of these Terms, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Services (or any part thereof); and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold harmless The Experience Resorts LLC, their related and affiliate companies, as well as their partners, sponsors and promoters, and each of their respective officers, directors, shareholders, members, managers, owners, employees, agents, assigns, attorneys, and representatives (collectively, "Released Parties"), from and against any and all liability, losses, expenses, damages, and costs (including court costs and reasonable attorneys' fees), incurred by any of the Released Parties in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords, the content you submit, upload, post, transmit or make available through the Services, your violation or breach of any these Terms, your connection to the Services, or your violation of the rights of any other person or entity.
12. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THEIR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE RELEASED PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Services.
13. Limitation of Liability
IN NO EVENT WILL WE, THE RELEASED PARTIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR THE INABILITY TO USE THE SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
Our Services are operated primarily from the United States. We do not represent or warrant that our Services are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.
15. COVID-19: A respiratory virus, called Covid19, has been identified as the cause of an outbreak of respiratory illness that began in December 2019 in the city of Wuhan, Hubei Province, China. Additional cases have been identified in other countries. You can find updated information on the Center for Disease Control’s website. The health and safety of our guests is our number one priority. Prior to entering the Resort, all guests will be administered a no-touch thermal scan to screen for fever. Anyone with any fever (≥38 C°/100.4 F°) will not be allowed to enter the Resort. There is a risk in entry regardless of temperature checks, and all guests enter at their own risk. If you experience any symptoms of any illness while at the Resort, please stay in your room and contact the Medical Center. Consultation charges will be waived. If you develop symptoms after leaving the resort, see a doctor right away and advise the Resort. All guests acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and hold harmless The Experience Resorts, LLC, and their respective parent corporations, affiliates, subsidiaries insurers, directors, officers, employees, successors, assigns, agents and representatives, against any claims and/or damages whatsoever, including legal fees relating to any infection, transmission, health condition influenced or otherwise impacted or complication by COVID-19. For more information on our COVID-19 Policy, please visit www.theexperienceresorts.com/COVID-19-Waiver-and-Release.
16. 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 international travel. Guest should consult with their travel agent, or tour operator or airline, or appropriate government authorities to ascertain what documentation is necessary. Guest may be refused passage/entry if they do not possess the necessary travel documents. The Experience Resorts not responsible for Guest's failure to obtain and safeguard necessary travel documents.
17. 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. The Experience Resorts 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.
18. AIG Travel Insurance Waiver: The Experience Resorts is not an insurer and does not have any liability for any coverage amounts. As a travel retailer, The Experience Resorts is not qualified or authorized to answer technical questions about the benefits, exclusions, or conditions of AIG travel insurance or to evaluate the adequacy of your existing insurance coverage. If you have any questions about this coverage, contact AIG at 1-800-XXX-XXXX.
Information Privacy : The Experience Resorts values and protects your privacy. Information that you share with us will be treated with care; we will not use or share personally identifiable information with our affiliates or with third parties except for the purpose of enrolling you in AIG’s plan or otherwise assisting you in connection with the plan or providing notice of a claim, and as otherwise required or permitted by law, such as disclosures to insurance regulatory authorities or in response to a subpoena. Please note that AIG may have personal information a[b]bout you. Our Privacy Notice does not govern their use of information about you.
19. Uplift https://www.uplift.com/privacy/
19. Compliance with Local and Other Law: Guest is responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither Unique Travel nor any Resort Related Entities has any duty to inform or warn Guest about the destination's laws and/or regulations. The Experience Resorts and the Resort Related Entities also regularly conduct business by electronic means (e.g., iPad) and signature, including but not limited to required SIGNING AND ASSENT AT CHECK-IN (in Paragraph 24.C), required SIGNING AND ASSENT to any waiver provision (in Paragraphs 28 and 29), and voluntarily signing and assent to waiver, agreement and/or release by Guest, and by continuing with the reservation and booking to CHECK-IN, Guest hereby ACKNOWLEDGES AND AGREES to the same, as applicable.
20. Compliance With Government Entities: The Experience,LLC, its affiliates, and and/or Resort related entities shall have the right to comply with any orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of this agreement entitling the guests to assert any claim for liability, compensation or refund.
21. Airport Departure Taxes: Guest may be required to pay airport departure taxes to the government of their destination for each traveler as required by local law. Such taxes may not be included in the price of their vacation.
22. FORUM SELECTION AND CHOICE OF LAW:
A. AS THE EXPERIENCE RESORTS AND/OR ANY AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTRACTORS ONLY: ALL CLAIMS WHATSOEVER AGAINST THE EXPERIENCE RESORTS, AND/OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTRACTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO HOTEL WHICH THE GUEST(S) CONTRACTED FOR OR RESIDED AT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE CONTRACT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT, FOR PERSONAL INJURY, ILLNESS, OR DEATH, OR IN CONTRACT, OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED AND GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF. GUEST(S) AGREE(S) TO PERSONAL JURISDICTION AND VENUE EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE RESORT IS PHYSICALLY LOCATED FOR ANY PROCEEDINGS, CLAIMS OR LITIGATION WHATSOEVER.
B. CLAIMS WHICH INVOLVE THE EXPERIENCE RESORTS LLC AND/OR HOTEL RELATED ENTITIES, DIRECTLY OR INDIRECTLY - NOTWITHSTANDING CLAIMS IN THE FOREGOING PARAGRAPH 24.A., ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO GUEST'S VISIT TO HOTEL WHICH THE GUEST(S) CONTRACTED FOR OR RESIDED AT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO PERSONAL INJURY, ILLNESS OR DEATH, OR IN CONTRACT, OR PURSUANT TO ANY STATUTE, THAT INCLUDE ANY CLAIM WHATSOEVER AGAINST SANDALS RESORTS INTERNATIONAL LIMITED, THE RESORT, RESORT MANAGEMENT COMPANY, AND/OR THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, PARTNERS, JOINT VENTURES, AGENTS AND REPRESENTATIVES, DIRECTLY OR INDIRECTLY, EXPLICITLY OR IMPLICITLY, AND TO WHICH CLAIM THE EXPERIENCE RESORTS AND/OR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR CONTRACTORS WHO MAY ALSO BE PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE RESORT IS PHYSICALLY LOCATED AND GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED. AND FURTHER THAT THE COURTS OF THE COUNTRY IN WHICH THE RESORT IS PHYSICALLY LOCATED SHALL BE THE EXCLUSIVE VENUE/FORUM FOR ANY PROCEEDINGS, CLAIMS OR LITIGATION WHATSOEVER.
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT RESORT CHECK-IN - Notwithstanding the terms set forth in Paragraphs 24.A. and 24.B. of this Contract, the Guest will be required DURING THE RESORT CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the Forum Selection and Choice of Law provisions.
D. The Guest is required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, signature may be by electronic means (e.g., iPad), and the Guest is hereby on notice of same for acknowledgement and agreement.
E. IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE RESORT. 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 24.C) to the Guest.
F. AT CHECK IN should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific Forum Selection and Choice of Law provisions, the cancellation penalty charges are 100% of the purchase price, including any applicable airline fees.
23. CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS TICKET CONTRACT. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST'S CLAIM IS SUBJECT TO LEGAL PROCEEDING UNDER PARAGRAPH 24 ABOVE, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE PROCEEDING OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ANY CLAIMS HEREIN. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE FORUM SELECTION AND CHOICE OF LAW PROVISION SET FORTH IN PARAGRAPH 24 ABOVE. Guest agrees that the parties referenced in PARAGRAPH 24 ABOVE that may be the subject of any claim by Guest can receive immediate judicial assistance to enforce this class action waiver.
24. LIMITATIONS PERIODS NO SUIT SHALL BE MAINTAINABLE AGAINST THE EXPERIENCE RESORTS, ANY RESORT OR RESORT MANAGEMENT COMPANY, THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES RELATING TO PERSONAL INJURY, ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED TO THE EXPERIENCE RESORTS. ATTENTION: CLAIMS, 160 GREENTREE DR, SUITE 101 DOVER, DE 19904 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.
25. LIMITATION OF DAMAGES: THE EXPERIENCE RESORTS, LLC, ANY RESORT OR RESORT MANAGEMENT COMPANY, THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES 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.
26. WAIVER OF LIABILITY: CANTILEVERED PRIVATE PLUNGE POOL WITH INFINITY EDGE AT SANDALS LA SOURCE LOCATED IN GRENADA AND AT SANDALS ROYAL BARBADOS IN BARBADOS - The Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the following waiver provision:
THE BALCONIES OF SOME OF THE ROOMS AT SANDALS LASOURCE GRENADA AND SANDALS ROYAL BARBADOS ARE EQUIPPED WITH A CANTILEVERED PRIVATE PLUNGE POOL WITH INFINITY EDGE ("BALCONY INFINITY POOL"). UNDERSIGNED GUEST(S) ACKNOWLEDGES AND AGREES TO FOLLOW ALL POSTED SAFETY PRECAUTIONS RELATED TO THE BALCONY INFINITY POOL INCLUDING, BUT NOT LIMITED TO, THE STRICT PROHIBITION AGAINST ENTERING THE INFINITY POOL'S OVERFLOW CHANNEL, RESTING, SITTING OR CLIMBING ON THE WALL(S) AND/OR EDGE(S) OF THE BALCONY INFINITY POOL, AND EVEN SO UNDERSIGNED GUEST(S) ACKNOWLEDGES HE OR SHE IS HEREBY ON NOTICE OF THE SAME AND AGREES TO ASSUME ANY ASSOCIATED RISKS. IN DOING SO, UNDERSIGNED GUEST(S)HEREBY WAIVES, DISCHARGES AND HOLDS HARMLESS UNIQUE TRAVEL, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, Sandals Resorts International Limited, and their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents or representatives (TOGETHER, THE "RELEASEES") FROM ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS AND/OR EXPENSES WHICH MAY ARISE OUT OF OR IN ANY WAY CONCERN THE UNDERSIGNED GUEST'S (OR GUESTS') USE OF THE BALCONY INFINITY POOL. UNDERSIGNED GUEST(S) UNDERSTANDS AND ACKNOWLEDGES THAT THIS WAIVER INCLUDES CLAIMS BASED ON NEGLIGENCE AND/OR THE ACTION(S) OR INACTION(S) OF THE RELEASEES. By signing below, undersigned guest(s) acknowledges that a different room without a balcony infinity pool is readily available for undersigned guest(s) and that he/she/they have declined such alternative accommodation.
26.1 The Guest will be required to SIGN AND ASSENT to the above waiver provision AT HOTEL CHECK-IN by electronic means (e.g., iPad) and Signature, and the Guest is hereby on notice of the same for acknowledgement and agreement.
26.2 IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL BE DENIED ACCESS TO ROOMS EQUIPPED WITH A BALCONY INFINITY POOL AND/OR THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE RESORT. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.
26.3 The Guest's Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraphs 28) to the Guest(s). Should the Guest(s) decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific waiver provisions, the same minimum cancellation charges set forth in clauses 4.1 and 4.2 above will apply.
26.4 AT CHECK IN should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific Waiver provisions in paragraphs 28, the cancellation penalty charges are 100% of the purchase price.
27. WAIVER OF LIABILITY: OVER-THE-WATER VILLAS AND/OR OVER-THE-WATER BUNGALOWS AND/OR OVER-THE-WATER ROOMS (jointly and severally the “OVER THE WATER VILLAS”). THE OVER THE WATER VILLAS ARE PERCHED ON A DECK FLOATING ABOVE TURQUOISE OCEAN WATERS AND MAY BE EQUIPPED WITH A SEE-THROUGH GLASS FLOOR FOR OCEAN VIEWING, A TRANQUILITY SOAKING TUB, AN OVER-THE-WATER HAMMOCK, AN OPEN PATIO DECK, AND A PRIVATE PLUNGE POOL WITH INFINITY EDGE (TOGETHER, THE "PRIVATE VILLA INFINITY POOL AND DECK AMENITIES"). GUEST(S) ACKNOWLEDGE(S) AND AGREE(S) TO FOLLOW ALL POSTED SAFETY PRECAUTIONS RELATED TO THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES INCLUDING, BUT NOT LIMITED TO THE STRICT PROHIBITION (1) OF ALCOHOLIC BEVERAGES, JUMPING, DIVING, SWINGING, HORSEPLAY, AND ROUGH PLAY IN OR NEAR THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES, AND/OR SPECIFICALLY FROM OR ON THE OVER-THE-WATER HAMMOCK, (2) AGAINST ENTERING ANY OF THE PRIVATE INFINITY POOL'S OVERFLOW CHANNEL, AND (3) AGAINST ANY RESTING, SITTING OR CLIMBING ON THE WALL(S) AND/OR EDGE(S) OF THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES, AND GUEST(S) ACKNOWLEDGE(S) THAT EACH OF THEM IS HEREBY ON NOTICE OF THE SAME AND AGREE(S) TO ASSUME ANY ASSOCIATED RISKS. IN DOING SO, GUEST(S) HEREBY WAIVE(S), RELEASE(S) AND DISCHARGE(S) AND SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ALL LIABILITIES CLAIMS, ACTIONS, DAMAGES, COSTS AND/OR EXPENSES WHICH MAY ARISE OUT OF OR IN ANY WAY CONCERN GUEST'S (OR GUESTS') USE OF THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES. GUEST(S) UNDERSTAND(S) AND ACKNOWLEDGE(S) THAT THIS WAIVER INCLUDES CLAIMS BASED ON NEGLIGENCE AND/OR THE ACTION(S) OR INACTION(S) OF THE RELEASEES. Upon signature of acceptance, Guest(s) acknowledge(s) that a different room without THE PRIVATE VILLA INFINITY POOL AND DECK AMENITIES is readily available for Guest(s) and that he/she/they have declined such alternative accommodation.[c]
27.1 The Guest may be required to SIGN AND ASSENT to the above waiver provision AT HOTEL CHECK-IN by electronic means (e.g., iPad) and Signature, and the Guest is hereby on notice of the same for acknowledgement and agreement.
27.2 IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL BE DENIED ACCESS TO THE OVER THE WATER VILLAS AND/OR THE GUESTS WILL NOT BE ALLOWED TO CHECK-IN TO THE HOTEL. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.
27.3 AT CHECK IN should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific Waiver provisions in paragraphs 29, the cancellation penalty charges are 100% of the purchase price.
29. All Other Defenses Preserved: Nothing in this Contract shall exclude the application of any defense, including but not limited to any governing law limiting or excluding actions, claims, liability, or damages.
30. Use of Facilities and Activities: The Resorts provide several activities for the entertainment and enjoyment of Guests. Guests who participate in “Activities” (as defined below) acknowledge and accept that, by the very nature of such Activities, it is possible that injuries may be suffered without any negligence on the part of the Resort, its employees or agents. Consequently, in acknowledgement of the foregoing, the Guests HEREBY RELEASE, DISCHARGE AND SHALL INDEMNIFY AND HOLD HARMLESS The Experience Resorts, LLC. and the other Resort Related Entities, the hotel, hotel management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives (collectively, the “Releasees”) from all claims, demands, actions and/or damages suffered by the undersigned Guests in the participation of such Activities, except in the case of the proven negligence of the hotel, its employees or agents.
Activities. The term “Activities” as used above includes, but is not limited to, the following:
On Land: Running, relays, racing, basketball, shuffleboard, squash, tennis, table tennis, volleyball, weight training, aerobics, racquetball, golf, use of spa facilities, use of gym facilities, swings, slides, monkey bars, see-saws and other recreational facilities for children; and
In Water: Scuba diving, water skiing, windsurfing, snorkeling, sailing, water aerobics, kayaking, pedal boating, pool games, boat riding, swimming, use of the whirlpools, and races.
31. Personal Property and Safekeeping: The Releasees shall not be liable for any loss or damage to money, jewelry, clothing, or other valuables not turned over to the Hotel for safekeeping. In addition, electronic safe boxes have been installed in all rooms and we encourage their use.
32. Non-Smoking Policy: We are an environmentally friendly organization and as such, smoking is only allowed in designated areas. Failure to adhere to this policy will result in a US $250 cleaning charge.
33. Alcoholic Beverages: The Hotels provide and serve alcoholic beverages for reasonable consumption by, and the entertainment and enjoyment of, its Guests all of legal drinking age. Guests understands by agreement and acknowledgement that it is possible the injury, death, damage or destruction occurred with and/or without fault on the part of the resort, its employees or agents, and HEREBY RELEASES, DISCHARGES AND SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES from all claims, demands, actions and/or damages anyone may have against the Releases in connection with or in any way incident or related to the injury, death, damage or destruction suffered due to the overconsumption of alcohol.
34. Errors and Omissions: Please note that quotes, generated invoices, and our website may contain typographical errors or inaccuracies. Information contained in a quote, a generated invoice or on this website is subject to change and is not guaranteed to be free from errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after a quote or a reservation). Such errors, inaccuracies or omissions may relate but may not be limited to product description, pricing, promotion, holiday travel period and availability. We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify, or clarify information on our website, except as required by law.
35. Travel Safety Warnings: Due to the fact that travel and tourism are constantly in a state of flux, please consult the U.S. State Department’s website at <https://travel.state.gov/content/travel.html> and enter the name of the country(ies) that you plan to visit for the latest information concerning traveler safety, security, and health advisories. We suggest that you do so prior to the purchase of travel. Non-U.S. citizens are advised to consult their nation’s travel safety website and are welcome to consult the US government website.
These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you subscribe to the Services or use or purchase certain other services, affiliate services, sponsored services, third-party content or third-party software.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at email@example.com. If you are a California resident, you may have this same information e-mailed to you by sending an e-mail to the foregoing e-mail address with your e-mail address and a request for this information.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.
The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of Delaware, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Delaware, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Contact Information
If you have any questions about these Terms, please contact us via e-mail at firstname.lastname@example.org or by mailing your question(s) to the following address:
The Experience Resorts
160 Greentree Dr, Suite 101
Dover, DE 19904