TERMS AND CONDITIONS

1.1 Acceptance of these terms and conditions (the Terms) create a legally binding contract by and between you (the Guests) and Guana Island Hotel Corporation (GIHC) in connection with your stay at Guana (defined below), transportation to, from, and within Guana, Activities and Services (defined below), and all related activities, products or services as of the date the deposit is paid to Guana.

1.2 By making a reservation, paying a deposit and/ or attending Guana Island, you agree to comply with these Terms.

As used herein: “Guana” means the entire Guana Island; “Guana Island Hotel Corporation” or “GIHC” means Guana Island Hotel Corporation, its officers, directors, members, partners, employees, representatives, agents, beneficial owners, trustees and settlors; and “Guests” means all persons booking, purchasing or traveling to Guana, including, without limitation, heirs, representatives and any accompanying minors. All rights, exemptions from liability, defenses and immunities of GIHC shall also inure to the benefit of GIHC, 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 “GIHC Parties“).

1.3 Any travel agent that makes a reservation is, for all purposes, an agent of the Guest(s) for whom such travel agent is making a booking and represents and warrants that the travel agent has the authority to accept these terms and conditions on their behalf and has provided a copy of these terms and conditions to them. GIHC shall not be liable for any representations made by a travel agent. No travel agent has the authority to modify or waive these terms and conditions.

2.1 All rates are subject to change at any time for any reason in GIHC’s sole discretion until the payment of the Deposit by Guests in accordance with these Terms.

3.1 Individual Room Reservations

3.2 Private Island Buyouts

3.3 The Guest is responsible for payment of all additional charges incurred during the stay (including room service, minibar, restaurant, spa treatments, etc.) which are not included in the room rate. These charges must be settled in full upon checkout.

3.4 GIHC reserves the right to request a security deposit upon check-in to cover incidental expenses. This deposit will be refunded upon checkout, less any charges for services used or damages incurred.

3.5 Guests authorise GIHC (and any payment processor) to charge Guests’ payment card for all bookings the Guests make and for any costs GIHC is entitled to charge under these Terms.

4.1 Individual Room Reservations

4.2 Private Island Buyouts

4.3 GIHC reserves the right to cancel Guests’ stay for any reason whatsoever prior to the scheduled check-in date, upon the Guest’s arrival or any time during Guests’ stay.

4.4 If GIHC cancels a booking due to Guest’s failure to comply with these Terms, no refund will be made, and the balance of the Guests’ stay at Guana will be charged to Guests’ payment card.

4.5 If GIHC cancels a booking due to government action, strike, war, terrorism, weather (including a named storm), act of God, force majeure, or any other event beyond GIHC’s reasonable control, the Guest may either:

4.6 If GIHC cancels pursuant to clause 4.5 and the Guest does not request a refund within a 14-day period, the deposit will automatically convert to a credit available to be applied to reservations rebooked within 12 months from the cancellation date and standard booking terms shall apply to the rebooked reservation.

4.7 Any unused deposits at the end of the 12-month period referred to in clause 4.5 (b) or clause 4.6 may be forfeited by GIHC.

4.8 If the Guest fails to arrive on the scheduled date of check-in without prior notification, GIHC reserves the right to charge the full amount of the reservation.

6.1 Guests are expected to conduct themselves in a respectful manner towards other guests and staff at all times. Excessive noise, disorderly, offensive or improper behaviour will not be tolerated.

6.2 The maximum number of guests permitted to stay in each room is strictly limited to the number stated on the reservation. Additional charges will apply for any unauthorised occupants.

6.3 All of our hotels maintain a strict no-smoking policy in all indoor areas including guest rooms, corridors, and public spaces. Smoking is only permitted in designated outdoor areas. A deep cleaning fee of $750 will be charged for smoking in prohibited areas.

6.4 Guests under the age of 18 must be accompanied by an adult.

6.5 GIHC reserves the right, at its absolute discretion or that of its employees, to refuse service or accommodation to any guest prior to or at check-in, and to require any Guest to leave the premises and/or terminate their stay without refund after check-in. This right may be exercised if, in the opinion of GIHC or its employees, the Guest is intoxicated, disorderly, in breach of these Terms, or behaves in a manner that causes or is likely to cause distress, damage, annoyance, or danger to any person or property, or otherwise poses a risk to the safety or enjoyment of others.

7.1 Guests are responsible for any damage caused to the room(s), grounds, or property of Guana, regardless of whether it was done intentionally, negligently, or recklessly, and will be liable for the reasonable costs of repair, replacement or restoration. This responsibility also extends to actions that result in additional cleaning requirements (including but not limited to excessive soiling, staining, or misuse of property), for which the Guest will be liable for the reasonable costs incurred by GIHC with a minimum of $750.

7.2 Guests will be charged the full retail price for the removal of any property from Guana, including bathroom amenities, towels and bathrobes, furniture, soft furnishings, and boutique products.

7.3 GIHC may, at its discretion acting reasonably, charge the Guest for any costs payable under clauses 7.1 and 7.2, including reasonable costs arising from damage and any additional cleaning requirements as described above. Guests hereby authorise GIHC to charge the payment card provided for their reservation if such damage, removal of property, or additional cleaning requirements become apparent during the stay or after the Guest has checked out.

8.1 Various services and activities, with related athletic and recreational equipment, may be available to Guests in connection with the stay at Guana, either at or away from Guana, including, without limitation, excursions, tours, boating, scuba diving, motorised and non-motorised water sports, spa, fitness, golf, tennis, swimming (ocean and pool), gym and fitness equipment, 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 GIHC (collectively or individually “Service Providers”). GIHC 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 of the Activities and Services.

8.2 GIHC does not accept responsibility for the independent acts of Service Providers. Guests acknowledge and agree that Service Providers are not agents, servants or employees of GIHC and have no authority to act on behalf of GIHC.

8.3 Guests acknowledge and agree that all Activities and Services are voluntary, and participation is optional and may be subject to additional terms and conditions, fees and charges of the relevant Service Providers.

8.4 Any and all disputes, claims, or disagreements between Guests and Service Providers are solely between those parties. Regardless of whether GIHC assists in arranging Activities and Services with Service Providers, GIHC is not a party to, and is not responsible or liable for, any such disputes. Guests agree not to bring any claim or action against GIHC in connection with such disputes.

9.1 Guests shall properly safeguard their personal property. GIHC shall have no responsibility for loss of or damage to Guests’ personal property except to the extent such liability cannot be waived under applicable law.

9.2 Guests acknowledge that food and beverages served or made available at Guana may contain or come into contact with allergens, including but not limited to nuts, shellfish, dairy, gluten, and soy. Guests are solely responsible for advising GIHC, in writing and in advance, of any allergies or dietary restrictions affecting themselves or their invitees. GIHC and the GIHC Parties shall have no responsibility or liability for any allergic reactions or other health issues arising from food or beverage consumption, except to the extent that GIHC or the GIHC Parties have received written notice of a specific allergy or restriction in advance and failed to take reasonable steps in response.

9.3 Guests acknowledge and agree to the terms of the waiver and release of liability (the “Waiver“), regardless of whether the Guest has signed the Waiver.

9.4 Guests accept that no one will be permitted to stay at Guana unless they have agreed to the Terms including the Waiver. Anyone who fails to sign and provide GIHC with a copy of the Waiver prior to check-in will not be allowed to check-in and will be denied access to Guana.

10.1 The Guest making the booking (“Booking Guest”) hereby agrees to indemnify, defend and hold harmless GIHC from and against any and all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

10.2 Any travel agent who fails to comply with these Terms agrees to indemnify GIHC for claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs that results from the travel agent’s breach of these Terms.

11.1 Guests acknowledge and agree that none of the GIHC Parties is under any legal obligation to render medical assistance to them.

11.2 Guests acknowledge and agree that GIHC may engage a third-party company for the provision of telemedical services (the “Medical Services Provider”) which services are limited to remote medical advice only.

11.3 Guests authorise GIHC to contact the Medical Services Provider and or arrange medical evacuation at Guests’ expense if medical attention is required.

11.4 Guests authorise any physical or other medical service provider or facility to provide emergency medical or surgical care in the event that the Guest is not expressly able to provide consent during the emergency.

11.5 GIHC makes no representation, warranty, or guarantee regarding the availability, timeliness, quality, or suitability of any medical care and/ or evacuation services that may be arranged by GIHC on behalf of the Guest.

11.6 Guest expressly consents to:

11.7 Guests acknowledge that their Personal Data may be transferred to and processed in countries that may not provide the same level of data protection as Guest’s home country or the British Virgin Islands. Guests expressly consent to such transfers as necessary to provide the telemedical services.

12.1 GIHC cannot guarantee that it will be able to satisfy special requests of the Guests (including but not limited to requests for specific rooms or locations, adjoining rooms, bed sizes, etc.). GIHC accepts no responsibility if such requests cannot be met.

12.2 Guests acknowledge and agree that their Personal Data shall be processed in accordance with these Terms and Guana’s Privacy Policy.

12.3 Guests hereby knowingly and voluntarily agree that any claims against the GIHC parties arising from, in connection with, or incidental to these Terms or Guests’ stay shall be governed exclusively by the laws of the British Virgin Islands (without regard to conflict of laws rules), and shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Road Town, Tortola, Virgin Islands, unless the Parties agree otherwise.

12.4 These Terms constitute the entire agreement between GIHC and Guests and supersede all other agreements or representations, oral or written. Any alteration to these Terms must be in writing and signed by both Parties.

12.5 If any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of these Terms. If any provision of these Terms is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of the provision was deleted or modified, the provision in question shall apply with such deletions and modifications as may be necessary to make it legal, valid and enforceable.