These terms and conditions govern the contract for accommodations, transportation, and other services between you and anyone traveling with you (collectively and individually "guest") and Calabash Mountain Villa. Please read these terms and conditions carefully. Your acceptance of room reservation(s) from Calabash Mountain Villa constitutes acceptance of these terms and conditions (the "contract".)
1. These terms and conditions shall supersede and/or override any representations 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. Calabash Mountain Villa shall NOT 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 the purchase price is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges; or other surcharges, or other events beyond Calabash Mountain Villa's control. Calabash Mountain Villa 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 shown in U.S. dollars.
4. Payments Required to Secure Reservation: A minimum deposit of 10% per person is due when booking to secure a reservation.
- Calabash Mountain Villa must receive full and final payment of the purchase price no later than 15 days prior to the date of Arrival. Bookings made 15 days or less prior to Arrival must be paid in full when booking.
- Calabash Mountain Villa may cancel any booking and release any Villa reservation for which payment has not been received at least 15 days prior to Arrival. The date for full and final payment may be subject to change during certain periods. Guest's invoice will provide notice of any such change.
5. Cancellation Charges: For cancellation by Guest, cancellation charges depend on when Calabash Mountain Villa receives notice of the cancellation. Minimum cancellation charges are as follows:
- If notice is received 7 days prior to Arrival Date, there will be a one (1) night charge.
- If you are a no-show (no notice given) you will be charged for the full stay.
- Calabash Mountain Villa will apply any payments made toward the 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 or attendant services not utilized.
6. Changes to Reservations:If Guest desires to change, but not cancel, a reservation, Guest must notify Calabash Mountain Villa at least 30 days prior to guest's originally scheduled arrival.Changes within 30 days or less will incur minimum revision charges as follows:
- If notice is received 30 days prior to Arrival, no charge.
- If notice is received 15 - 29 days prior to Arrival, 1 (one) night penalty, based on availability.
- All requested changes to reservations are subject to Calabash Mountain Villa's sole discretion, and any changes must be approved in writing. If the revised reservation is subsequently canceled, the cancellation penalties for the original dates of stay will apply.
7. Special Requests: Calabash Mountain Villa cannot guarantee that it will satisfy special requests (including but not limited to requests for specific rooms or room locations, adjoining rooms, or bed sizes). Calabash Mountain Villa is not responsible if such requests are not met.
8. Persons with Disabilities: Calabash Mountain Villa cannot guarantee that destination airports, airport transfer vehicles, or Resort accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability.
9. Room and Hotel Changes: Calabash Mountain Villa may, for any reason, at any time, and without prior notice, substitute hotels and/or rooms for accommodations of equal or greater value than those specified in Guest's reservation. Calabash Mountain Villa shall not be liable for any loss or injury to Guest caused by such substitution of rooms.
10. Flights and Air Carriers: Calabash Mountain Villa is not responsible for any loss or injury to Guest for missed flights or connections, or if Guest is denied boarding. Guests with connecting flights should allow ample time for connections as specified by the airline and/or the connecting airport. Carriage and services provided by the airline and the airline tickets are subject to the Warsaw Convention.
- Charter flights are conducted pursuant to U.S. Department of Transportation Charter Regulation, Part 380.
11. 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.
- Guest may be refused passage/entry if they do not possess necessary travel documents. Calabash Mountain Villa is not responsible for guest's failure to obtain and safeguard necessary travel documents.
13. 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. Calabash Mountain Villa 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.
14. Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
15. Compliance with Local Law: Guest is responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither Calabash Mountain Villa nor any resort has any duty to inform or warn Guest about the destination's laws and/or regulations.
16. 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.
17. Forum Selection and Choice of Law: All claims whatsoever against Calabash Mountain Villa, its affiliates, subsidiaries, directors, officers, employees, agents, or contractors, arising from, in connection with, or incidental to the contract, or guest's visit to resort, 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 or pursuant to any statute, shall be litigated solely and exclusively in the courts in Soufriere, Saint Lucia, west indies.
18. Limitation periods: No suit shall be maintainable against Calabash Mountain Villa, their affiliates, subsidiaries, directors, officers, employees, or agents relating to personal injury, illness or death or loss of or damage to property, unless written notice of the claim, with particulars, is addressed to Calabash Mountain Villa, 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.
19. Limitation of damages: Calabash Mountain Villa, any hotel or hotel 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.
20. 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.