Please take time to carefully read these terms and conditions, which govern the use of our website, the booking process and the basis on which persons may reside in the vacation rental property located at White Bay, Jost Van Dyke, British Virgin Islands known as “The Hideout White Bay”.
DEFINITIONS AND PARTIES
In these terms and conditions, “we”, “us” or “our” shall mean references to the owner(s) and operator(s) of the Property from time to time. “You” and “your” shall include a reference to anyone that these terms and conditions refer or apply to and shall include persons that access our website, persons that make a booking with us, persons that make a payment to us, and persons that stay at our Property. “Property” shall mean the vacation rental property located at White Bay, Jost Van Dyke, British Virgin Islands known as “The Hideout White Bay” and owned by us.
ACCEPTANCE
By accessing or using the website or booking any travel accommodations or other services listed on our website, you agree to these terms and conditions and to follow all applicable regulations that apply to the use of this website and to any bookings made on this website. A contract will only be made once we issue a booking confirmation to you and receive the required deposit either from or expressly on your behalf.You acknowledge and accept that on payment of the deposit these terms and conditions, as amended from time to time, will apply to you and to each and every person that will be staying at the Property in connection with the booking. You accept that we may amend these terms and conditions from time to time and that you must therefore check periodically to ensure that you are familiar with the terms and conditions that will govern the booking and your stay at the Property.
TOUR OPERATORS AND/OR TRAVEL AGENTS
Any tour operator and/or travel agent that makes a reservation is, for all purposes, an agent of the person(s) for whom such tour operator and/or travel agent is making a booking and represents and warrants that the tour operator and/or travel agent has the authority to accept these terms and conditions on their behalf and has provided a copy of these terms and conditions to them. We shall not be liable for any representations made by a tour operator and/or travel agent. No tour operator and/or travel agent has the authority to modify or waive these terms and conditions.
RATES
All rates are subject to change. We 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 and all payments must be made in U.S. Dollars. An amount representing a 10% service charge and an amount representing 10% hotel accommodation tax will be added to your booking.
PAYMENT
You authorize us (and any payment processor) to charge your payment card for all bookings you make and for any costs we are entitled to charge to your payment card under these terms and conditions. We accept the forms of payment stated on the website and, for credit card payments, we will charge your payment card when your booking is processed. The bank issuing your credit card may control when to release funds in the case of a booking cancellation or refund. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to make any booking in breach of any applicable law or regulation, including the credit card network rules or regulations; (ii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iii) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (iv) if you fail to cooperate in an investigation or provide additional information when requested.
RESERVATION DEPOSIT
To confirm your reservation, a minimum deposit of 50% of the total booking price is required at the time of booking. The remaining 50% balance is due not less than 60 days prior to your arrival date and will be automatically charged to your payment card without further notice. If your reservation is made within 60 days of arrival the full amount is due at the time of your booking. If the balance of a payment due is not received on time or in the correct amount we reserve the right to cancel your reservation and to forfeit the sums paid, regardless of any payment(s) already received.
DAMAGE OR THEFT OF PROPERTY
You are responsible for any damage you or any member of your party, whether or not they are guests at the Property during your stay, cause to the room(s), grounds, or property, regardless of whether it was done intentionally, negligently, or recklessly. In order to cover any costs or expenses incurred, we shall have the right to keep your credit card and/or debit card information as provided when you registered and to charge or debit the payment card with the amounts, we deem necessary. You hereby authorize us to charge your credit or debit card should this damage become apparent after you have checked out. A $500 security deposit will be taken on arrival to cover for any damages and incidentals. Your security deposit will be released when the rooms have been inspected and no damages have been found.
CANCELLATIONS
Cancellation charges shall be based upon the date upon which we are notified of a cancellation. Minimum cancellation charges are as follows:
If you provide written notice of cancellation to us at least 60 days prior to the booked arrival date, there will be a cancellation charge of 25% of the price of the booking plus any direct expenses incurred by us on your behalf.
If you provide written notice of cancellation to us at least 30 days but less than 60 days prior to the booked arrival date, there will be a cancellation charge of 50% of the price of the booking plus any direct expenses incurred by us on your behalf.
If you provide written notice to us with less than 30 days prior to the booked arrival date, there will be a cancellation charge of 100% of the price of the booking plus any direct expenses incurred by us on your behalf.
The cancellation charges outlined above represent liquidated damages that reflect a genuine pre-estimate of loss in the event of a cancellation, and not a penalty. No refunds or adjustments will be made for any portion of a booking that is not utilized.
CHANGES TO RESERVATIONS
At any point prior to your stay, you may make a request for revisions to your booking to upgrade (e.g. upgrading rooms, adding nights, adding rooms, additional persons), without the application of a revision fee. Any other revisions to your booking (e.g. subtracting number of nights, subtracting rooms) will be subject to the following revision fees:
If you notify us of such revisions at least 30 days prior to the booked arrival date, a revision fee of $200 per room will apply.
If you notify us of such revisions less than 30 days prior to the booked arrival date, you will be responsible for the full purchase price of theoriginal booking.
All requested changes to reservations will be subject to our approval at our sole discretion, and any requested changes will be subject to availability. If the revised reservation is subsequently cancelled, the cancellation charge set out in these terms and conditions for the original booking will apply.Please note that any arrangements made and subsequently cancelled or amended involving third party operators (e.g. tours, excursions) may incur charges according to the cancellation and amendment policy of those third party operators and, if requested, you will refund us in respect of such charges.
TRAVEL INSURANCE
We strongly suggest obtaining comprehensive travel insurance as there are no refunds given for late arrival, premature departure or otherwise unused days, including those related to weather or travel-related delays and other events beyond our control.
SPECIAL REQUESTS
We cannot guarantee that we will be able to satisfy special requests (including but not limited to requests for specific rooms or locations, adjoining rooms, bed sizes, and the like). We accept no responsibility if such requests cannot be met.
SAFES
Safety deposit boxes are available in all our units, free of charge. However, each person residing at the Property is responsible for all valuables and personal items and we accept no responsibility for any loss of any of the contents during your stay.
LOST AND FOUND
We are more than happy to assist you with any item/s that you may have forgotten or left behind upon check out.
PETS
We do not allow pets on the Property.
SMOKING
Smoking is not permitted in the villas.
BEHAVIOUR
We reserve the right in our absolute discretion to terminate your stay if your behaviour is likely, in our opinion or that of our employees to cause distress, damage, annoyance or danger to our guests, employees or to any third party, or their property. Please note that we reserve the right to charge an appropriate fee during your stay, for any costs resulting from damage or which causes our housekeeping teams extra cleaning work.
ROOM CHANGES
We may, for any reason, at any time, and without prior notice, substitute rooms for accommodations of equal or greater value than those specified in your booking. We shall not be liable for any loss or injury to persons caused by such substitution of accommodations.
LIMITATION OF DAMAGES
In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to any booking made by a person exceed the sums paid in respect of that person’s booking. Nothing herein shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law, in which case, our liability will be limited to the greatest extent permitted by applicable law. SUBJECT TO THE FOREGOING YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM USE OF THE WEBSITE, BOOKING YOUR STAY, OR ALLEGED TO HAVE BEEN SUFFERED DURING YOUR STAY.
COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, this website, and all text, images, marks, logos and other content contained herein, including, without limitation, any of The Hideout logos (the “Logos”), and all designs, text, graphics, photographs, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property belonging to us, or our respective licensors and are protected by international copyright laws. All rights to the Site Content are expressly reserved. The Logos and all other product or service names or slogans displayed on the website are registered and/or common law trademarks belonging to us, or our related and affiliated entities, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.
THIRD-PARTY WEBSITES AND SERVICES
This website may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk. You agree to abide by the terms and conditions of any applicable Third-Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by these terms and conditions regardless of anything to the contrary in your agreement with any third party and you shall not use such Third-Party Service to avoid the restrictions set forth in these terms and conditions.
APPLICABLE LAW AND VENUEYou explicitly agree that all disputes, claims or other matters arising from or relating to your use of this website and booking your stay or any claims made in connection with your stay will be governed by the laws of the British Virgin Islands and subject to the exclusive jurisdiction of the courts of the British Virgin Islands.If you access the website from locations other than British Virgin Islands, you will also be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify us for your failure to comply with any such laws.
PRIVACY
Please have respect for the privacy of your fellow guests when taking videos and photographs.
USE OF CUSTOMER’S LIKENESS
Persons may be required during their check-in at the Property, to agree to the following Use of Guest’s Likeness provisions: “The undersigned person(s) grant us and our respective owners and promotional partners the exclusive right to photograph and video you during your stay at the Property and include such photographic, video and other visual portrayal(s) of the undersigned person(s), in any medium of any nature whatsoever, for any purpose, including without limitation trade, advertising, sales, publicity or otherwise, without compensation to such person, and all rights, title and interest therein (including all worldwide copyrights therein) shall be our sole property and that of our respective owners, free from any claims by the undersigned person(s) and or any person deriving any rights or interest from such person(s), and each undersigned person(s) understands and hereby knowingly and voluntarily so agrees.” If the person does not sign and agree to such terms and conditions at check-in, the person may not be allowed to check-in and may be denied access to the Property. Accordingly, advance notice of this requirement is hereby provided.
LIABILITY AND WAIVER AGREEMENT
Please refer to the indemnity, liability and waiver agreement, a copy of which is available on our website by clicking here. You accept that the terms of the indemnity, liability and waiver shall apply to every person staying at the Property and booking, and that no one will be permitted to stay at the Property unless they have signed the agreement. Anyone who fails to sign and provide us with a copy of the indemnity, liability and waiver agreement prior to check-in, will not be allowed to check-in and will be denied access to the Property. Accordingly, advance notice of this requirement is hereby provided.
OTHER
If any provision of these terms and conditions is deemed invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. We may assign any or all of their respective rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach of these terms and conditions by you or others does not waive their right to act with respect to subsequent or similar breaches.
