TERMS & CONDITIONS
IMPORTANT: THESE TERMS AND CONDITIONS GOVERN THE CONTRACT FOR VILLA ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES BETWEEN YOU AND ANYONE TRAVELING WITH YOU (COLLECTIVELY AND INDIVIDUALLY "GUEST") AND UNIQUE TRAVEL CORP. ("UNIQUE TRAVEL"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR ACCEPTANCE OF ACCOMODATION, TRANSPORTATION, TICKETS OR VOUCHERS FROM UNIQUE TRAVEL CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "CONTRACT").
Additional Definitions: As used herein, "Arrival" means the Guest's arrival at the Villa for the start of their vacation. "Villa" means the villa(s) visited by Guest.
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. Special Requests: Unique Travel cannot guarantee that it will satisfy special requests (including but not limited to requests for specific villas or villa locations, adjoining room or villas, bed sizes, special in-flight meals or seating). Unique Travel is not responsible if such requests are not met.
3. Persons with Disabilities: Unique Travel cannot guarantee that destination airports, airport transfer vehicles, or Villa accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability.
4. Flights & Air Carriers: All flight times, itineraries, carriers, equipment, & check-in times are subject to change or cancellation without notice. Guests should contact the airline within 24 hours of departure to confirm flight times, itineraries, & check-in. Certain fare class (special fares) do not allow for upgrades, preferential seating and other auxiliaries. Unique Travel is not responsible for any loss or injury to Guests for missed flights or connections, or if Guests are denied boarding. Guests with connecting flights should allow ample time for connections as specified by the airline and/or 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.
5. Travel Documents: PROOF OF CITIZENSHIP IS GUEST'S SOLE RESPONSIBILITY. Guest is solely 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. Unique Travel is not responsible for Guest's failure to obtain and safeguard necessary travel documents.
6. 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. Unique Travel 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.
7. Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
8. Compliance with Local and Other Law: Guest is solely responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither Unique Travel nor any Villa has any duty to inform or warn Guest about the destination's laws and/or regulations. Unique Travel and the Villa also regularly conduct business by electronic means (e.g., iPad) and signature, including but not limited to the required SIGNING AND ASSENT AT CHECK-IN (indicated in Paragraph 10.C), required SIGN AND ASSENT to any waiver provision, and voluntarily signed and assented to waiver, agreement and/or release by Guest. By continuing with the reservation and booking to CHECK-IN, Guest hereby ACKNOWLEDGES AND AGREES to the same, as applicable.
9. 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.
10. FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST UNIQUE TRAVEL ONLY: ALL CLAIMS WHATSOEVER AGAINST UNIQUE TRAVEL, ITS AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO THE VILLA, 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 PANAMA, AND SHALL BE GOVERNED BY THE LAWS OF REPUBLIC OF PANAMA WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.
B. CLAIMS WHICH INCLUDE VILLA AND/OR VILLA MANAGEMENT COMPANY NOTWITHSTANDING CLAIMS IN THE FOREGOING IN PARAGRAPH 10.A., ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH THAT INCLUDE ANY CLAIM AGAINST THE VILLA, VILLA MANAGEMENT COMPANY, AND/OR THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, AND TO WHICH CLAIM UNIQUE TRAVEL IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE VILLA IS PHYSICALLY LOCATED AND GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE VILLA IS PHYSICALLY LOCATED.
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT VILLA CHECK-IN, Notwithstanding the terms set forth in Paragraph 10.A. and 10.B. of this Contract, the Guest will be required DURING THE VILLA 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 that any and all claims that each such Guest may have against the Villa, Villa management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives, in connection with or in any way incident or related to the undersigned Guest's (or Guests') stay at the Villa, shall be governed solely by the laws of the country in which the Villa is physically located as the exclusive choice of law, and further that the courts of the country in which the Villa is physically located shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever.
The Guest is required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, and signature may be by electronic means (e.g., iPad), and the Guest is hereby on notice of same for acknowledgement and agreement.
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 VILLA. 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 10.C) to the Guest. 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 following minimum cancellation charges are:
(i) No charge, if notice of cancellation is within 3 business days of booking, provided that cancellation is greater than 45 days prior to Arrival.
(ii) 1 night Penalty, including any airfare, if notice is between 5 to 0 days prior to Arrival, in the event there are 5 days or less between booking with Sandals and scheduled arrival at the Villa.
11. LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE TRAVEL, THE VILLA, OR VILLA MANAGEMENT COMPANY, THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES RELATING TO PERSONAL INJURY OR ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED TO UNIQUE TRAVEL CORP. ATTENTION: CLAIMS, CALLE AQUILINO DE GUARDIA, NO. 8, IGRA BUILDING, PANAMA, REPUBLIC OF PANAMA, 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.
12. LIMITATION OF DAMAGES: UNIQUE TRAVEL, ANY VILLA OR VILLA 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.
13. 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.
14. 1. The Villas provide and serve alcoholic beverages for reasonable consumption by, and the entertainment and enjoyment of, its Guests of legal drinking age at each of its villas. The Guest staying at the Villa along with a minor or child (i.e., any individual or person under the age of 18) HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGES AND AGREES that the responsible adult Guest shall not furnish, supply, or allow or permit the use, consumption and/or possession of alcoholic beverages by a minor or child during their stay. If the undersigned Guest knows or has reason to know of the illegal use, consumption and/or possession by a minor or child of alcoholic beverages at the villas, and thereafter permits such use, consumption and/or possession, and the intoxicated minor or child injures or kills themselves or another, the Guest, 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 villa, its employees or agents, HEREBY DISCHARGES AND HOLDS HARMLESS the villa, villa management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees from all claims, demands, actions and/or damages one may have against the villa, its employees or agents in connection with or in any way incident or related to the injury, death, damage or destruction suffered.