TERMS & CONDITIONS

Terms and Conditions

1. Our contract with you

• 1.1. These booking Terms and Conditions (Terms) form the basis of your contract with Mango Bay Resort. Please ensure that you read the Terms carefully as they set out our respective rights and obligations.
• 1.2. These Terms, as amended from time to time, apply to all bookings including those made by telephone, fax, e-mail, online, in writing or by any other means.
• 1.3. These Terms will become binding on you, and you will be deemed to have accepted these Terms on behalf of any other persons detailed on the booking, on the earliest of:
• (a) you paying us a deposit;
• (b) you making full payment of the cost of your villa; or
• (c) we send to you, via e-mail or post, a booking confirmation that confirms the details of your booking.

2. Booking your villa

• 2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
• (a) the details they are providing are complete and accurate;
• (b) he/she has read these Terms and has the authority to, and does agree to be, bound by them;
• (c) he/she consents to us using any information provided in accordance with our Privacy Policy;
• (d) he/she is over 18 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
• 2.2. When you submit a booking to us, this does not mean we have accepted your booking. Our acceptance of the booking will take place as described in clause 1.3 (when a binding contract is entered into).
• 2.3. If we are unable to fulfil the booking, we will inform you of this and we will not process the booking further.

3. Prices

• 3.1. Prices quoted on our website and in our brochure are those in effect at the time of publishing only. Prices are updated from time to time and are only guaranteed once the deposit (see clause 7.1 below) has been paid (although we reserve the right to change prices at any time in the case of error).
• 3.2. All prices quoted do not include all taxes.

4. Accuracy

• 4.1. We endeavour to ensure that all the information on our website and in our brochures is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances.
• 4.2. You must check the price and all other details relating to the villa and any other arrangements that you wish to book before your booking is submitted. By accepting these Terms, you confirm that you have checked the price and all other details relating to the villa and any other arrangements that you wished to book before submitting your booking.
• 4.3. Mango Bay Resort reserves the right to change the interior room configurations, the furnishings, the fixtures and fittings of the villa and all other equipment in, or appearance of, the villa without giving prior notice to you.

5. If you wish to make changes to the booking

• 5.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.3) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible.
• 5.2. Any request for changes to a booking must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of a $75 administration fee.
• 5.3. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation charges set out in clause 25 will become payable.

6. If we make changes to your booking (includingcancellation)

• 6.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed.
• 6.2. In the event of a Minor Alteration (defined below), we will do our best to notify you before your arrival date. You will not be entitled to any refund in the event that we have to make a minor alteration to your booking. “Minor Alteration” means an adjustment or modification to your booking that is not a Significant Change, as defined below in Clause 6.4.
• 6.3. If a Significant Change (see below) or cancellation has to be made to your booking arrangements by us we will notify you as soon as possible. You may then either:
• (a) accept the changed arrangements; or
• (b) accept an offer of an alternative villa of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If you reject our offer of an alternative villa of comparable standard then you will not be entitled to an alternative villa of a standard that is far superior. If in these circumstances you request a villa of a far superior standard, you will be required to pay any difference between the cost of the original villa booked and the alternative villa which is of a far superior standard; or
• (c) cancel your booking completely, in which case we will refund you all monies paid by you.
• 6.4. “Significant Change” means a change of villa or villa location for the whole or greater than 60% of your time away. Please note that not all villa changes will constitute a Significant Change.

7. Paying for your villa

• 7.1. At the time of your booking you will be required to pay a non-refundable deposit in cleared funds of 50% of the full amount payable in order to secure the villa and selected dates (unless at the time of booking your arrival date is 60 days or less away, in which case clause 7.3 applies). BVI STAYCATION AND LONG TERM WORKCATION BOOKINGS WITH REDUCED RATE TARIFFS ARE PAYABLE IN FULL AT TIME OF BOOKING.
  
• 7.2. The balance of the villa cost plus, where required, the security deposit (see clause 8 below) must be received in cleared funds by us no less than 60 days before your arrival date. If we do not receive full payment in cleared funds in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 25 will become payable by you.
• 7.3. If your arrival date is 60 days or less away on booking then the full amount including any security deposit must be paid on booking.
• 7.4. If you pay for your holiday by credit card, debit card or PayPal we reserve the right to charge an additional non-refundable 3.0% (or 5% for AMEX) charge to cover our processing costs.
• 7.5. Should you instruct your credit/debit card company to “chargeback” any payment(s) properly due from you in respect of your booking, we further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s) in the event that a “chargeback” is made.

8. Damage and security deposit

• 8.1. You and your party are responsible for all damage and loss to the villa and its contents during your stay. If you or any member of your party cause any damage to the villa or any item in it or on its premises, you and/or your party may be required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and severally responsible.
• 8.2. A security deposit may be required from you to cover:
• (a) damage or loss to villa contents; and/or
• (b) excessive cleaning costs; and/or
• (c) excessive electricity use (e.g. air conditioning on full with external doors left open).
• 8.3. The villa details will specify if a security deposit is required and the amount. The security deposit is payable with the final balance (see clause 7.2 above).
• 8.4. A full and detailed check of the villa will take place after your departure. You will be advised of any faults or damages found after this check and we will advise you as soon as possible of the cost of repair or replacement.
• 8.5. Anything damaged, spoilt or broken will be charged to you at the replacement cost. Any items having to be purchased will be replaced ‘like for like’ to the same quality and standard.
• 8.6. The security deposit (if required) will be refunded by bank transfer or cheque once the villa has been checked following your departure. In the event that the villa or its contents are damaged or broken in any way or lost then charges will be deducted from the security deposit and any refund that may be due to you will be paid after repair or replacement is made for the appropriate item. Should the security deposit not cover the cost of repairing all the damage caused and/or replacing any items that are damaged, then we will invoice you for additional funds to make up the difference. You agree to pay our invoice for such additional damage or replacement costs within 14 days of the invoice being sent to you.
• 8.7. The security deposit, less any charges, will usually be refunded within 14 days after your departure date. However, the refund may take longer if you dispute a charge and we need time to investigate.

9. Travel insurance

• 9.1. Please note that it is your responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations and holiday cancellation/curtailment.

10. Villa rental period

• 10.1. The villa rental period begins at 15.00 hours on the day of arrival and terminates at 11.00 hours on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).
• 10.2. All villas are professionally cleaned and inspected before and after each rental to ensure that guests have a comfortable stay
• 10.3. Please note that each villa has an initial supply of consumables (bin bags, toilet rolls, washing powder, etc.). Once these have been used neither we nor the management company are responsible for replenishing these items during your stay. The consumables supplied vary from villa to villa and should be adequate for the first few days of your stay.

11. Your duty of care

• 11.1. No other persons are permitted to stay at the villa other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the villa description occupy the property (except by prior written agreement with us).
• 11.2. Breach of clause 11.1 may result in your eviction from the villa and/or additional guests being asked to vacate and in this event you will not be entitled to a refund. We and our agents reserve the right of entry to the villa at any time.
• 11.3. You and all members of your party agree not to use the property for any illegal or commercial purpose, including subletting.
• 11.4. On departure you should leave the villa in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests. This includes disposing of all rubbish before you leave (information relating to rubbish disposal including bin collection dates can be found in the villa guide.
• 11.5. If excess rubbish must be cleared or excessive cleaning of the villa is necessary following your stay, any charges will either be:
• (a) deducted from your security deposit; or
• (b) invoiced to your postal address;

and you agree to pay such charges.

• 11.6. You must notify Mango Bay Resort immediately if you identify any damage to the villa or its contents, or if something gets broken, stained, marked or damaged in the villa during your stay, so that remedial action can be undertaken as soon as possible.

12. Passport and VISA requirements

• 12.1. All travellers must possess valid passports and any required visas.

13. Building work

• 13.1. We cannot accept any liability for disruption to your holiday caused by building work, including but not limited to disruption caused by noise or dust. You accept that you will not be entitled to any refund or compensation as a result of any such disruption.
• 13.2. Our other villas are also situated in areas where refurbishment work may be happening on a neighbouring property over which we have no control. In the majority of cases, we are not given prior notice of such work to neighbouring properties. If we become aware of such building work after you have made a booking and it is reasonable that such work will seriously impair the enjoyment of your holiday, we will offer you alternative accommodation. Where the alternative accommodation would constitute a significant change to your booking, we will offer you the option of cancelling without penalty.
• 13.3. You accept that minor refurbishment and maintenance work carried out at a neighbouring property will not affect your holiday and we will be under no obligation to offer you alternative accommodation in such circumstances.

14. Pest control

• 14.1. The British Virgin Islands are in a tropical climate where insects, including ants and cockroaches are sometimes inevitable. The villas are all treated regularly by a Pest Control Program and cleaned professionally between each rental, however we cannot guarantee an insect or pest free environment.
• 14.2. We cannot accept any responsibility for any disruption caused to your holiday by insects or other pests where this was outside of our reasonable control.

15. Animals

• 15.1. All villas have a strict no pets policy (unless otherwise stated).

16. Smoking

• 16.1. All villas have a strict no smoking policy (unless otherwise stated).

17. Weddings and corporate events

• 17.1 Parties, weddings and corporate events are strictly prohibited in all of our villas, unless prior permission has been granted. Violation of this rule will result in us being entitled to:
• (a) evict you from the villa with immediate effect (and in this event you will not be entitled to a refund); and/or
• (b) invoice you for the additional charge that would have been payable by you had you sought our prior permission to hold the event and such permission had been granted. Such invoices shall be payable by you to us within 14 days of receipt.

18. Changes to the Terms

• 18.1. We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements.
• 18.2. If we have to revise these Terms under clause 18.1, we will give you at least one month's written notice of any changes to these Terms before they take effect.

19. Our liability to you

• 19.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
• (a) the act(s) and/or omission(s) of the person(s) affected;
• (b) the act(s) and/or omission(s) of a third party; or
• (c) unusual or unforeseeable circumstances beyond our or our supplier(s) control.
• 19.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for:
• (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
• (b) fraud or fraudulent misrepresentation.
• 19.3. Subject to clause 19.2, the maximum amount we will be liable to pay you in respect of any claim under these Terms is the cost of the villa booking. This maximum amount will only be payable where your party has not received any benefit at all from the booking.
• 19.4. You are reminded to exercise care as to your personal safety and the safety of your party. Use of the beach and any community areas and recreation area is entirely at your own risk.
• 19.5. Valuables should be left in a secure place out of sight.
• 19.6. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water, electricity or gas. We also cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of the villa by any authority over which we have no control.

20. Force Majeure

• 20.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms, or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
• 20.2. A Force Majeure means any act or event beyond our reasonable control, including, without limitation, flight delays or cancellations, airport closures, adverse weather conditions, industrial disputes, civil commotions, riots, invasions, terrorist attacks or threats of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of a public or private telecommunications network.
• 20.3. If a Force Majeure takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you.
• 20.4. We strongly recommend that holiday insurance is taken out by you to cover the risk of holiday cancellation, loss of payments made or curtailment in such circumstances.

21. Your rights to cancel

• 21.1. Once a binding contract has been entered into (see clause 1.3), in order to cancel the entire booking or any component, the person making the booking must notify us in writing. If you cancel you will lose your deposit and any other sums you have paid us (including if you have paid for the full cost of the villa). You are strongly advised to take out adequate insurance (as soon as your booking is confirmed) to cover the risk of suffering loss if you need to cancel the booking.

22. How we may use your personal information

• 22.1. We will use the personal information you provide to us to:
• (a) make the booking;
• (b) process your payment for the booking;
• (c) send out a customer satisfaction survey at the end of your stay.
• 22.2. Where you provide us with personal information, you consent to this information being used as described in this clause.

23. Complaints and your protection

• 23.1. If you have cause for complaint whilst staying in the villa, this must be brought to Mango Bay Resort’s attention immediately so that action can be taken to rectify the problem. Should Mango Bay Resort be unable to resolve the matter, we must be notified in writing of the details of the complaint within 7 days of the end of your stay. Failure to do so will affect Mango Bay Resort’s ability to investigate your complaint and will result in us being unable to consider your complaint. We aim to resolve complaints within a 2 month period from receipt.

24. Other important Terms

• 24.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights under these Terms.
• 24.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• 24.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

25. Governing law

• 25.1. These Terms and any agreement to which they apply are governed in all respects by British Virgin Islands law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking shall be resolved exclusively through the British Virgin Islands jurisdiction.

26. Information about us and how to contact us

• 26.1. We are a company registered in the British Virgin Islands.
• 26.2. If you have any questions please contact us. You can contact us by telephoning us +1 284 340 8840 or by e-mailing us at info@MangoBayResort.com.
• 26.3. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to Mango Bay Resort, Nail Bay Road, Virgin Gorda, British Virgin Islands, VG1150. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the booking.
  

• If you cancel you will lose your deposit and any other sums you have paid us (including if you have paid for the full cost of the villa). You are strongly advised to take out adequate insurance (as soon as your booking is confirmed) to cover the risk of suffering loss if you need to cancel the booking.