Cancellation Charges: For cancellation by Guest, cancellation charges depend on when A&W receives notice of the cancellation. Minimum cancellation charges are as follows:
If notice is received 21 days or less prior to Arrival a Cancellation Charge of 50% of the total amount paid for the reservation applies. If the Guest is a No Show on the scheduled Arrival date 50% of the total amount paid is forfeited without deduction as a No Show Penalty. If notice is received 22 days or more prior to Arrival, excluding booking dates that include Statutory Holidays and the Festive Period, no Cancellation Charges apply.
Off- Peak Season:
If notice is received 14 days or less prior to Arrival a Cancellation Charge of 50% of the total amount paid for the reservation applies. If the Guest is a No Show on the scheduled Arrival date 50% of the total amount paid is forfeited without deduction as a No Show Penalty. If notice is received 15 days or more prior to Arrival, excluding booking dates that include Statutory Holidays and the Festive Period, no Cancellation Charges apply.
All Festive Period bookings are non-refundable regardless of the date of booking confirmation and have a Cancellation Charge of 100% of the total amount paid.
Certain packages may be non-refundable regardless of time of cancellation. Guest should make written requests for non-refundable package details if deemed necessary by the Guest prior to booking. A&W will apply any payments made toward the total 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 PACKAGE OR THIRD PARTY SERVICES NOT UTILIZED.
Security Deposit: Upon Arrival at the Property all Guests will be required to provide a credit card pre-authorized for a minimum of $500 per room to cover all expenses related to incidentals, excursions, transportation, resorts services, spa services, cellular data usage, food and beverage charges, motorized and non-motorized rentals, and a loss or damage deposit. The Guest agrees that without further notice A&W can automatically increase the pre-authorized minimum of a sufficient amount to cover the total cost of all non-room related expenses incurred through the duration of the vacation and process payment for the same before, during, and after check-out. Regardless of the date such expenses were incurred by the Guest the Guest authorizes A&W in its sole and unfettered discretion to process payment for all charges to any credit card on file for the booking.
Guest further acknowledges and authorizes A&W in its sole and unfettered discretion to process payment for all bed & bath linens, resort branded goods, furniture, fixtures, and equipment provided exclusively for Guest use in the Room and on the Property that has been removed, spoiled, damaged, or destroyed beyond repair in the sole and unfettered discretion of A&W as per the price list of the same as may be available online on A&W’s websites or at the Property Office.
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, including pre-travel authorizations required to entry the Turks and Caicos Islands. Guest should consult with their travel agent or airline, or appropriate government authorities to ascertain what documentation is necessary. Turks & Caicos Islands Visa Requirements are found online at http://turksandcaicostourism.com/immigration-turks-and-caicos-entry-requirements/. Guest may be refused passage/entry if they do not possess necessary travel documents. A&W is not responsible for Guest's failure to obtain and safeguard necessary travel documents.
FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST A&W ONLY:
ALL CLAIMS WHATSOEVER AGAINST A&W, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AGREEMENTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE AGREEMENT, OR GUEST'S VISIT TO PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE AGREEMENT, 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 PROVIDENCIALES, TURKS & CAICOS ISLANDS AND SHALL BE EXCLUSIVELY GOVERNED BY THE LAWS OF THE TURKS & CAICOS ISLANDS WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.
B. CLAIMS WHICH INCLUDE PROPERTY AND/OR LEGAL OWNERS OF THE ACCOMMODATIONS.
THE FOREGOING IN PARAGRAPH 16.A. NOTWITHSTANDING, ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH, THAT INCLUDE ANY CLAIM WHATSOEVER AGAINST ALIVE AND WELL RESORTS & HOTELS LTD., OR THE PROPERTY OWNER, PROPERTY MANAGEMENT COMPANY, AND/OR THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OR EMPLOYEES, AND TO WHICH CLAIM A&W IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE TURKS & CAICOS ISLANDS AND GOVERNED EXCLUSIVELY BY THE LAWS OF TURKS & CAICOS ISLANDS.
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT PROPERTY CHECK-IN
Notwithstanding the terms set forth in Paragraph 16.A. and 16.B. of this Agreement, the Guest will be required DURING THE PROPERTY 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 with A&W’s Terms & Conditions found online at the time of payment of Reservation and that any and all claims that each such Guest may have against Alive and Well Resorts & Hotels Ltd., the Property owner, Property management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees, in connection with or in any way incident or related to the undersigned Guest's (or Guests') stay at the Property/resort, shall be governed solely by the laws of the Turks & Caicos Islands as the exclusive choice of law, and further that the courts of the Turks & Caicos Islands shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever.
IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS ELECTRONICALLY OR ELSEWISE AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE PROPERTY. 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 16.C) to the Guest. Should the Guest decide to cancel Guest's trip/vacation based upon unwillingness to sign and assent to the specific forum selection and choice of law provisions, the following minimum cancellation charges are:
These additional terms and conditions incorporate the the Terms and Conditions in the A&W Agreement as if those terms and conditions were set out in full in this Agreement. Included in those terms and conditions is information on arrival/departure, reservation requirements, interest on overdue payments, limitations to our liability, responsibilities of all guests and other such matters. Our Terms and Conditions are available on our websites or by clicking on this link: https://www.kokomobotanicalresort.com/terms-and-conditions/. If there is any conflict between the two documents, these terms have precedence.
31 Downwind Drive, Venetian Road Settlement, Providenciales, TKCA 1ZZ, Turks and Caicos Islands