Terms and conditions
As used herein: "Resort" means the entire Petit St. Vincent Private Island; "PSV" means PSV, its owners, officers, directors, shareholders, members, employees, trustees and settlors; and "Guests" means all persons booking, purchasing or traveling to the Resort, including, without limitation, heirs, representatives and any accompanying minors. All rights, exemptions from liability, defenses and immunities of PSV shall also inure to the benefit of PSV, any management company, and their owners, officers, directors, shareholders, members, employees, trustees, settlors, operators, managers, agents, attorneys, affiliates, parents, subsidiaries or related companies and representatives (collectively, the "PSV Parties"). These T&C constitute the entire agreement between PSV and Guests and supersede all other agreements or representations, oral or written. Any alteration to these T&C must be in writing and authorized by PSV. Should any provision herein be contrary to or invalid by virtue of the law of St. Vincent and the Grenadines ("SVG") or so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from these T&C and of no effect and all remaining provisions shall be in full force and effect.
2. Rates, Deposits, Cancellations, Other Fees and Special Requests
A. Rates: All rates are subject to change at any time for any reason in PSV's sole discretion until the payment of the deposit by Guests.
B. Payments Required to Secure Reservation: Deposits required to secure a reservation are: (i) for bookings January 5 to December 19, a minimum 3-night deposit; and (ii) for bookings December 20 to January 4, a minimum 50% deposit. The balance of the purchase price for the Resort stay ("Resort Fare") must be received by PSV as follows: (i) for bookings January 5 to December 19, upon departure from the Resort; and (ii) for bookings December 20 to January 4, no later than 30 days prior to Guests' initial arrival at the Resort ("Arrival") (bookings made 30 days or less prior to Arrival must be paid in full when booking).
C. Cancellation by Guests / Fees: Fees for cancellation by Guests are: (i) for bookings January 5 to December 19, if notice is received within 30 days of Arrival, a 3-night fee; and (ii) for bookings December 20 to January 4: (a) if notice is received60 to 30 days prior to Arrival, 50% of the Resort Fare; and (b) if notice is received 30 to 0 days prior to Arrival, 100% of the Resort Fare. Guests shall be responsible for all applicable government taxes in addition to such cancellation fees. Such cancellation fees are liquidated damages and not a penalty. PSV recommends the purchase of travel insurance. PSV reserves the right to cancel Guests' Resort stay for any reason whatsoever prior to Arrival, upon Arrival or any time during Guests' Resort stay. PSV shall refund to Guests a pro rata portion of the unused Resort Fare unless such cancellation resulted from Guests' failure to comply with these T&C.
3. Activities and Services and Third Party Service Providers
Various services and activities, with related athletic and recreational equipment, may be available to Guests in connection with the Resort stay, either at or away from the Resort, including, without limitation, excursions, tours, boating, scuba diving, motorized and non-motorized water sports, spa, fitness, golf, tennis, travel accommodations and medical services (collectively or individually "Activities and Services"). Guests acknowledge that such Activities and Services may be operated or provided by independent contractors who are not under the direct control of PSV (collectively or individually "Service Providers"). PSV neither supervises nor controls the actions of Service Providers, nor makes any representation or warranty either express or implied as to the suitability, reliability, safety or responsibility for the independent acts of Service Providers. Service Providers are not agents, servants or employees of PSV and have no authority to act on behalf of PSV. Any and all disputes between Guests and Service Providers are solely between the Guests and the Service Providers. All Activities and Services are voluntary, and participation is optional and may be subject to additional terms and conditions, fees and charges.
4. Assumption of Risk
Guests using the Resort, any services or facilities at the Resort or any Activities and Services do so at their own risk. Guests assume all responsibility for their own safety and any injuries or damage that may result in connection with the Resort stay and the Activities and Services, including those not foreseeable. Guests shall properly safeguard their personal property. Guests acknowledge that medical care and evacuation may be unavailable, limited or delayed, and that there may not be a physician or other medical personnel at the Resort. Guests agree to reimburse PSV in the event PSV elects to advance the cost of emergency medical care as well as transportation and/or lodging in connection therewith. PSV assumes no liability for Activities and Services, and does not guarantee Guests' safety in connection with such Activities and Services.
5. LIMITATIONS PERIODS
NO CLAIMS (DEFINED BELOW) SHALL BE MAINTAINABLE AGAINST THE PSV PARTIES RELATING TO PERSONAL INJURY, ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY (THE "EVENT"), UNLESS WRITTEN NOTICE OF ANY CLAIMS, WITH FULL PARTICULARS, IS ADDRESSED TO PSV, ATTENTION GENERAL MANAGER, AND IS RECEIVED BY PSV WITHIN 30 DAYS AFTER THE DATE OF THE EVENT AND COMMENCED WITHIN 1 YEAR AFTER SUCH EVENT. GUESTS EXPRESSLY WAIVE ALL OTHER APPLICABLE LIMITATION PERIODS.
6. LIMITATION OF DAMAGES
PSV PARTIES SHALL NOT BE LIABLE TO GUESTS IN ANY CIRCUMSTANCES FOR ANY CLAIMS ARISING FROM, IN CONNECTION WITH, CAUSED BY OR INCIDENTAL TO: (A) THESE T&C OR GUESTS' RESORT STAY, INCLUDING WITHOUT LIMITATION, ANY ACTIVITIES AND SERVICES EXCEPT IF ARISING DIRECTLY FROM PSV'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; (B) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER; (C) GUESTS' TRAVEL TO AND FROM THE RESORT;(D) CANCELLATION OF A RESERVATION; (E) ACTS OR OMISSIONS OF ANY PERSONS NOT EMPLOYED BY PSV NOR ACTS OR OMISSIONS OF ANY PSV EMPLOYEES COMMITTED WHILE OFF DUTY OR OUTSIDE THE COURSE AND SCOPE OF THEIR EMPLOYMENT; OR (F) ANY MISCONDUCT, WILLFUL OR NEGLIGENT ACT OR OMISSION ON THE PART OF GUESTS. IN NO EVENT SHALL PSV PARTIES BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND OR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. IN NO EVENT SHALL PSV PARTIES' LIABILITY EVER EXCEED THE TOTAL AMOUNT GUESTS PAID TO PSV FOR SUCH GUESTS' RESORT STAY. GUESTS SHALL BE LIABLE TO AND SHALL REIMBURSE PSV FOR ALL EXPENSES AND DAMAGES TO THE RESORT, AND ANY PROPERTY THEREON, CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, BY ANY ACT OR OMISSION OF GUESTS, AND PSV MAY CHARGE GUESTS' RESORT ROOM ACCOUNT FOR ANY SUCH EXPENSE INCURRED OR DAMAGE SUSTAINED.NOTHING IN THESE T&C IS INTENDED TO NOR SHALL IT OPERATE TO LIMIT OR DEPRIVE THE PSV PARTIES OF ANY STATUTORY LIMITATION OF, EXONERATION FROM, OR ANY LIABILITY OR DEFENSE UNDER ANY APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, ANY GOVERNING LAW LIMITING OR EXCLUDING CLAIMS, LIABILITY OR DAMAGES.
7. FORUM SELECTION AND CHOICE OF LAW
GUESTS HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT ANY CLAIMS AGAINST THE PSV PARTIES ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THESE T&C OR GUESTS' RESORT STAY SHALL BE ADJUDICATED SOLELY AND EXCLUSIVELY IN THE COURTS OF AND GOVERNED EXCLUSIVELY BY THE LAWS OF SVG WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL.
NOTICE OF REQUIRED SIGNING AND ASSENT AT RESORT CHECK-IN. Guests shall be required to sign and acknowledge their assent to these T&C during the Resort check-in process upon Arrival.