Island Luxury Terms & Conditions
By making a booking you agree that you have fully read and understand these terms and conditions.
TERMS & CONDITIONS
The contract is between Island Luxury Hotel Group and the client (“the client” and “you” in these conditions), being any person traveling or intending to travel on a guided or self guided tour operated by the Company including any person who is added or substituted after booking. We both agree that Maldives law (and no other) will apply to your contract and to any dispute, claim, or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Maldives Courts of Law only. No employee of the Company other than a director has authority to vary or omit any of these terms.
MODIFICATION BY THE CUSTOMER
Should you wish to make a change to an existing booking we will arrange this, subject to availability. Short notice alterations are not always possible and should you find it necessary to cancel your holiday the cancellation charges listed in 3 above will apply. Any amendment charges imposed by suppliers will be charged to the customer.
MODIFICATION BY THE COMPANY
In the case of any material modification or of cancellation, the Company will, if possible, offer alternative arrangements or, if these are not acceptable, a full refund of monies will be paid. When offering alternative arrangements the Company will, if accommodation is affected, endeavor to provide an alternative in the same area. If the Company is only able to offer a lower classification of the hotel it will refund the difference in the price.
Force Majeure: Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire, and all similar events outside our control.
THE COMPANY’S LIABILITY TO THE CUSTOMER
Bookings are accepted on the understanding that you appreciate and accept the possible risks inherent with water activities, including but not limited to snorkeling & diving, traveling by public transport, and that you undertake the tours and holidays featured at your own volition. Each person wishing to participate in such activities may be asked to sign additional forms and in all cases must adhere to the restrictions imposed.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost, or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 5c above.
We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any optional, additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material, or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the Maldives in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided.
We cannot accept any liability for any damage, loss, expense, or other sums of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other faults by ourselves or our employees or, where we are responsible for them, our suppliers.
Additionally, we cannot accept liability for any expenses or losses incurred by or relate to any business including self-employed loss of earnings.
You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 7. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
TRAVELERS WITH DISABILITIES OR DIFFICULTIES
Travelers requiring any type of special assistance must notify us of their requirements at the time of booking. We will make reasonable attempts to accommodate such special needs and to notify our partners of these requirements. However, we cannot guarantee that all disabilities or difficulties can be accommodated. For religious reasons the Maldives does not accept travelers who require service animals. We regret that we cannot provide individual assistance to travelers for walking, dining, entering and exiting vehicles, ships, and other transportation vehicles, or to assist with other personal needs. Travelers who require such assistance must be accompanied by a qualified companion who is a paid traveler.
ACCEPTANCE OF RISK
By booking with us, you acknowledge that you have considered the potential risks, dangers and challenges, and your own personal capabilities and needs, and you assume responsibility for all such risks. You agree to take all prudent measures in relation to your own safety while traveling, including but not limited to the proper use of safety devices (including seatbelts and flotation devices) and obeying all posted signs and oral or written warnings regarding health and safety. Secret Paradise will not be held liable for any claims or causes of action arising from any losses, damages, injuries, or death resulting from failure to comply with safety instructions or warnings or the risks inherent in travel and participating in adventurous activities included in our itineraries or otherwise offered by us or our representatives.
EMERGENCY MEDICAL TREATMENT
Should any medical emergency arise which precludes your ability to consent to emergency treatment when such authorization is required, we or our representatives will endeavor to communicate with your travel companions or previously designated emergency contact to request permission for any necessary treatment. If our representatives believe, at their sole discretion, that time or circumstances do not permit such communication, you authorize our representatives to consent on your behalf to any medical treatment, including all types of medical examinations, diagnoses, medication, treatment, or physician or hospital care, that is deemed advisable by, and is to be rendered under, the supervision of any physician or surgeon. You agree not to hold us or our representatives responsible for actions relating to any such medical or emergency treatment.
BAGGAGE & PERSONAL EFFECTS
In general, our tours & packages do not have any restrictions on size, weight or type of luggage you travel with. We will send you specific baggage allowance information in relation to any products where domestic flight or seaplane luggage allowances apply. In these cases if you exceed the baggage limits, you may be subject to excess baggage charges assessed by the airlines. You are responsible for safeguarding your luggage, camera, and other personal effects, including any items purchased while on tour, while in your possession. We are not responsible for lost, stolen or damaged personal items. Luggage or other personal items that are damaged by our domestic airline partners are the responsibility of the airline. Should this occur, be sure to submit a baggage claim form before exiting the airport, typically in the baggage claim area.
LOSS OR DAMAGE OF RENTAL EQUIPMENT
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
CANCELLATION IN VIEW OF BEHAVIOUR
If a client commits an illegal act (including, for example, causing any damage, bringing alcohol onto a local island, inappropriate standard of dress) the client may be excluded from the tour and Island Luxury Hotel Group shall cease to have the responsibility to/for them as above. No refund will be given for any unused services.
FORCE MAJEURE
Certain unexpected circumstances may arise, such as (but not limited to) weather events, pandemics, quarantines, border closures, acts of governments or authorities, wars, hostilities, political uprisings or civil disturbances, riots, strikes, terrorist activities or the threat of terrorist activities, criminal acts committed by third parties, defects of vehicles or breakdown in equipment, or an Act of God, that are beyond anyone’s control, which force a cancellation or disruption of services. These circumstances are considered a force majeure. We will not be held responsible or liable in any way for such events, including death, bodily injury, illness, damage, delay, or other losses caused by such events. While we will always strive to assist our travelers wherever they are in the world when such circumstances occur, any losses or costs resulting from these events will be the responsibility of the traveler.
OPTIONAL ACTIVITIES & EXCURSIONS
We do not guarantee that any optional activity or excursion mentioned on our website or elsewhere will be available to book during your holiday and/or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
PASSPORTS/VISAS/VACCINATIONS
Clients are responsible for arranging and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear, etc.) is given in good faith but without responsibility on the part of Island Luxury Hotel Group. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges, or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
INSURANCE
Travel Insurance is highly recommended for all clients. Clients are wholly responsible for arranging their own insurance. Clients should forward details of their insurance policy to another company for our records. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover. Clients should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their holiday. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be. Clients together with their personal property including baggage are at all times solely at their own risk.
FLIGHTS
Clients are responsible for arranging, paying, and confirming return flights to the Maldives. Details of arrival and departure flight numbers and times must be communicated to Island Luxury Hotel Group upon payment of the final balance. We cannot accept any liability for any change, cancellation, or delay in your transportation from or to your home country or during your tour whether any change, cancellation, or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline, or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover.
LOCAL ISLAND GUIDELINES
The Maldives is a Muslim country and care needs to be taken in relation to the dress code on local islands. Whilst it is acceptable for men to wear t-shirts and shorts or swim shorts; females should avoid causing offense by maintaining a more conservative approach to clothes by wearing t-shirts, shorts, or sarongs and avoid wearing bikinis and swimwear unless on a designated tourist beach, an uninhabited island, picnic island, sandbank, dive boat or resort island.
Alcohol and pork are also restricted on local islands. If a client commits an illegal act (including, for example, causing any damage, bringing alcohol onto a local island from a resort island) the client may be excluded from the tour and the Company shall cease to have the responsibility to/for them as above. No refund will be given for any unused services.
INFORMATION CONTAINED IN MARKETING MATERIAL & WEBSITE
The Company’s website contains statements representing its honest belief that the facts as shown are correct. Every reasonable effort has been made to describe fully, and as honestly as possible, the tour offered and every reasonable attempt will be made to supply what has been described.
The Company reserves the right to make changes to the information, prices and itineraries set out on the website prior to confirming a customer’s booking and, provided such changes have been notified to the customer prior to his submitting a booking form or accepted by the customer after submission of the booking form prior to the Company’s confirmation, then such changes shall be binding on the parties.
DATA PROTECTION AND PRIVACY STATEMENT
In order to process your booking, and trip information requests, provide your tour, and to help us give you a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We may need to pass on your personal details to the companies and organizations who need to know them so that your tour can be provided (for example your hotel, airline, another supplier).
We would also like to store and use your contact details for future marketing purposes (for example, sending you a monthly newsletter or details of new features, tours, or special offers which we think may be of interest to you, including by email). You have the ability to opt out or unsubscribe.
All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept for 12 months. We will use only names and contact email details for marketing purposes (unless you have indicated that you do not wish us to do so.)
We respect your privacy and do not sell, rent, trade, or give away any of your personal information for any purpose. Occasionally we hire other companies to provide services on our behalf, for example, to email information to you. We only provide those companies with the personal details relating to you which they require in order to deliver the service we ask them to deliver. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details, for this reason, agrees to treat it with the same level of protection we are obliged to provide.
If you do not want us to do any or all of these things, please let us know as soon as possible. You are entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose, and to whom they may be or have been disclosed. We will not charge a fee to respond to such a request. We promise to respond to your request within 30 days of receiving your written request. In certain limited circumstances, we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.
COMPLAINTS
Should you have a complaint about any of your tour arrangements, you must tell the Island Luxury Hotel Group representative at the time. It is only if Island Luxury Hotel Group know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in your ability to claim compensation, if applicable, from Island Luxury Hotel Group
MISCELLANEA
These Terms represents the entire agreement between travelers and Island Luxury Hotel Group. There is no additional liability.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns. In the event that some other person or entity seeks compensation for claims from which you have released us from liability by agreeing to these Terms, you (or your estate) will indemnify and hold harmless Secret Paradise for all sums reasonably incurred in response to such claims, including our reasonable attorney costs and fees.
These Terms and purchases with us are subject to the laws of The Republic of Maldives. Any dispute arising from these packages shall be litigated only in the courts of the Republic of Maldives which shall have exclusive jurisdiction.
We reserve the right to update or alter these Terms at any time. We will post amendments to these Terms below and any amendment will take effect immediately upon posting.
We retain the right at our sole discretion to deny access to anyone to our website and the products and services we offer, at any time and for any reason.
