TERMS AND CONDITIONS
IMPORTANT: THESE TERMS AND CONDITIONS (THESE “TERMS”) APPLY IN RELATION FOR HOTEL ACCOMMODATIONS, AMENITIES, TRANSPORTATION, AND OTHER PRODUCTS OR SERVICES PROVIDED FOR YOU AND ANYONE TRAVELING WITH OR THROUGH YOU INCLUDING WITHOUT LIMITATION ALL MINOR CHILDREN, FORMING PART OF THE GUEST’S (GUESTS’) PARTY (COLLECTIVELY AND INDIVIDUALLY "GUEST(S)"). THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE OF TICKETS OR VOUCHERS FROM A MIRACLE RETREAT CONSTITUTES ACCEPTANCE OF THESE TERMS AND A BINDING LEGAL AGREEMENT BETWEEN GUEST(S) AND A MIRACLE RETREAT (THE "CONTRACT")
THE GUEST(S) FURTHER ACKNOWLEDGE(S) AND AGREE(S) THAT THESE TERMS ARE EXPRESSLY INTENDED TO BENEFIT AND BE ENFORCEABLE BY NOT ONLY A MIRACLE RETREAT AND ITS AFFILIATES, BUT ALSO A MIRACLE RETREAT INC, ITS PARENT AND/OR ANY OF THEIR AFFILIATED ENTITIES, RESORT OPERATOR, RESORT MANAGEMENT AND OTHER INDEPENDENT CONTRACTORS ENGAGED BY THEM, AND THEIR RESPECTIVE AFFILIATED ENTITIES (INDIVIDUALLY AND COLLECTIVELY, THE “HOTEL RELATED ENTITIES”).
Additional Definitions: As used herein, "Arrival" means the Guest's arrival at the Hotel for the start of their vacation. "Hotel" means the respective resort(s) visited by Guest(s).
A1. These Terms shall supersede and/or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.
2. Tour Operator and/or Travel Agents:
Any Tour Operator and/or Travel Agent used by Guest(s) to make reservations is, for all purposes, Guest(s) agent, and represents that the Tour Operator and/or Travel Agent has the authority to receive notice of these Terms on behalf of the Guest(s). Guest's Tour Operator and/or Travel Agent agrees to aslo promptly notify a Guest of these Terms. Neither A Miracle Retreat nor the Hotel Related Entities shall be liable for any representations made by Guest's Tour Operator and/or Travel Agent or any acts or omissions of any such Tour Operator and/or Travel Agent. No Tour Operator and/or Travel Agent has the authority to modify or waive these Terms.
3. Rates:
All rates are subject to change until the purchase price for the applicable accommodation, product or service is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges; fare increases, fuel or other surcharges, or other events beyond A Miracle Retreat’s control. A Miracle Retreat may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of Guest(s) reservation. All rates are in U.S. dollars.
4. Deposit, Payment & Cancellation Terms: A deposit of $400 per room plus airfare (if reserved through A Miracle Retreat) is required to secure a reservation. An initial payment of $99 plus the airfare is due when making a booking and the balance is due 21 days after the initial payment. The credit card used for the initial payment will automatically be charged the balance. Consent to auto charge the credit card for the remaining deposit amount and full payment is given to A Miracle Retreat at the time that the booking is made. Bookings made 45 days or less prior to Arrival must be paid in full when booking. A Miracle Retreat may cancel any booking and release any Hotel or air reservation for which payment has not been received at least 45 days prior to Arrival. The date for full and final payment may be subject to change during certain periods. Guest's invoice will provide notice of any such change.
4.1 The Guest's Tour Operator and/or Travel Agent is required to
provide a copy of the Notice to the Guest. Should the Guest decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific waiver provisions, cancellation charges are applicable and depend on when A Miracle Retreat receives notice of the cancellation.
4.2 The minimum cancellation charges are as follows:
(a) If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
(b) If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any applicable airline fees.
4.3 INSURANCE PREMIUMS ARE NON-REFUNDABLE.
4.4 Certain airfares may be non-refundable regardless of time of cancellation.
All cancellations of, or changes to airfares are subject to applicable airline carrier restrictions. A Miracle Retreat will apply any payments made toward the 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.
4.5 No refunds or adjustments will be made from any portion of your vacation or attendant services not utilized.
5. Changes to Reservations :
If Guest desires to change, but not cancel a reservation, then the Guest will be subject to the following:
At any point prior to travel, guests making revisions to their booking to upgrade (i.e. add nights, adding rooms, additional persons), there is no charge.
Any other revisions to the booking (i.e. subtracting number of nights, subtracting rooms), received between 30 and 15 days prior to travel; a revision fee of US $200 per person would apply. For other revisions received 14 days or less prior to travel; they will be subject to full penalty.
All requested changes to reservations are subject to A Miracle Retreat’s sole discretion, and any changes must be approved in writing.
Only one name change permitted.
Changes are subject to all applicable airline fare increases, government taxes, security fees, fuel surcharges and other charges and restrictions.
If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel shall apply.
6. Loyalty & Travel Booking/Reservations - Deposit, Payment & Cancellation Terms: All Loyalty & Travel bookings require a non-refundable deposit to secure the reservation. Deposit amount vary for certain travel dates, resort and/or room categories .
Minimum deposit schedule is as follows unless otherwise noted:
A minimum non-refundable deposit of $250 per room is required for all Resorts.
Full and final payment must be received at least 90 days prior to Arrival date unless otherwise noted. The credit card used for the initial payment will automatically be charged the balance of reservation upon due date. Consent to auto charge the credit card for the remaining full payment amount is given to A Miracle Retreat at the time that the booking is made. Bookings made 90 days or less prior to arrival must be paid in full at the time of booking. A Miracle Retreat may cancel any booking and release any Hotel or air reservation for which payment has not been received at least 90 days prior to arrival. The due date for full and final payment may be subject to change during certain periods. Guest's invoice will provide notice of any such change. Payment and cancellation policy may vary during certain travel periods (see clause 8 Special Deposit and Payment Terms).
Cancellation charges depend on when A Miracle Retreat receives notice of the cancellation.
INSURANCE PREMIUMS, LOYALTY & TRAVEL DEPOSITS AND FUTURE AIR DEPOSITS ARE NON-REFUNDABLE.
The following minimum cancellation charges are:
(a) If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
(b) If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any applicable airline fees.
Certain airfares may be non–refundable regardless of time of cancellation. All cancellations of, or changes to airfares are subject to applicable airline carrier restrictions. A Miracle Retreat will apply any payments made toward the 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 from any portion of your vacation or attendant services not utilized.
7. Loyalty & Travel Reservations -
Special Deposit and Payment Terms: Reservations which benefit from the “Full Payment” discount option are non-refundable at the time of booking.
Reservations made at the Loyalty & Travel desk for travel within the following dates require a $300 NON-REFUNDABLE deposit per room:
- December 21st- 31st, 2019;
- December 23rd - 31st, 2020;
- December 21st - 31st, 2021.
8. Loyalty & Travel - Changes to Reservations:
Any changes/revisions made to a reservation including but not limited to: changes in dates, resort, room category, number of nights, number of guests and/or name changes will be subject to the current rates and promotions at the time of change. Guest will be responsible to pay for any difference in price. In the event of a change in value-added promotions, the value-add promotions at the time of the change will supersede the previous offer; guests will receive only the promotions offered at the time of the change.
TRAVEL DATE REVISIONS ARE LIMITED TO A SIX (6) MONTH
TRAVEL WINDOW FROM ORIGINAL TRAVEL DATES.
All requested changes to reservations are subject to A Miracle Retreat’s sole discretion, and any changes must be approved in writing.
Only one name change permitted.
Changes are subject to all applicable airline fare increases, government taxes, security fees, fuel surcharges and other charges and restrictions.
If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
9. Special Requests:
A Miracle Retreat cannot guarantee that it will satisfy special requests (including) but not limited to requests for specific Hotel or Villa locations, adjoining rooms, bed sizes, and special in-flight meals or seating). A Miracle Retreat is not responsible if such requests are not met.
10. Persons with Disabilities:
A Miracle Retreat cannot guarantee that destination airports, airport transfer vehicles, or Hotel accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability.
11. Room and Hotel Changes:
A Miracle Retreat may, for any reason, at any time, and without prior notice, substitute Hotels and/or rooms for accommodations of equal or greater value than those specified in Guest's reservation. A Miracle Retreat shall not be liable for any loss or injury to Guest caused by such substitution of Hotel and/or rooms.
12. Flights & Air Carriers:
All flight times, itineraries, carriers, equipment, and check-in times are subject to change or cancellation without notice. Guest should contact the airline within twenty-four hours of departure to confirm flight times, itineraries, and check-in. Certain fare class (special fares) do not allow for upgrades, preferential seating and other auxiliaries. A Miracle Retreat is not responsible for any loss or injury to Guest for missed flights or connections, or if Guest is denied boarding.
13. 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 international travel. Guest should consult with their travel agent, or tour operator or airline, or appropriate government authorities to ascertain what documentation is necessary. Guest may be refused passage/entry if they do not possess the necessary travel documents. A Miracle Retreatis not responsible for Guest's failure to obtain and safeguard necessary travel documents.
14. 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. A Miracle Retreat 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.
15. Baggage Limitations:
Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.
16. Compliance with Local and Other Law:
Guest is responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither A Miracle Retreat nor any Hotel Related Entities has any duty to inform or warn Guest about the destination's laws and/or regulations. A Miracle Retreat and the Hotel Related Entities also regularly conduct business by electronic means (e.g., iPad) and signature, including but not limited to required SIGNING AND ASSENT AT CHECK-IN (in Paragraph 21.C), required SIGNING AND ASSENT to any waiver provision (in Paragraphs 25 and 26), and voluntarily signing and assent to waiver, agreement and/or release by Guest, and by continuing with the reservation and booking to CHECK-IN, Guest hereby ACKNOWLEDGES AND AGREES to the same, as applicable.
17. 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.
18. FORUM SELECTION AND CHOICE OF LAW:
A. AS AGAINST A MIRACLE RETREAT ONLY: ALL CLAIMS WHATSOEVER AGAINST A MIRACLE RETREAT, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS, ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO HOTEL, 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 COSTA RICA, AND SHALL BE GOVERNED BY THE LAWS OF COSTA RICA WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF. GUEST(S) AGREE(S) TO PERSONAL JURISDICTION AND VENUE EXCLUSIVELY IN COSTA RICA WITH RESPECT TO SUCH CLAIMS.
B. CLAIMS WHICH INCLUDE A MIRACLE RETREAT INC. AND/OR HOTEL RELATED ENTITIES - NOTWITHSTANDING CLAIMS IN THE FOREGOING PARAGRAPH 21.A., ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH, THAT INCLUDE ANY CLAIM WHATSOEVER AGAINST A MIRACLE RETREAT INC., THE HOTEL, HOTEL MANAGEMENT COMPANY, AND/OR THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, AND TO WHICH CLAIM A MIRACLE RETREAT IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED AND GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED. AND FURTHER THAT THE COURTS OF THE COUNTRY IN WHICH THE RESORT IS PHYSICALLY LOCATED SHALL BE THE EXCLUSIVE VENUE/FORUM FOR ANY PROCEEDINGS, CLAIMS OR LITIGATION WHATSOEVER.
C. NOTICE OF REQUIRED SIGNING AND ASSENT AT HOTEL CHECK-IN - Notwithstanding the terms set forth in Paragraphs 21.A. and 21.B. of this Contract, the Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the Forum Selection and Choice of Law provisions.
D. The Guest is required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, signature may be by electronic means (e.g., iPad), and the Guest is hereby on notice of same for acknowledgement and agreement.
E. 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 HOTEL. 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 21.C) to the Guest.
F. AT CHECK IN
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 cancellation penalty charges are 100% of the purchase price, including any applicable airline fees.
19. LIMITATIONS PERIODS NO SUIT SHALL BE MAINTAINABLE AGAINST A MIRACLE RETREAT, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES RELATING TO PERSONAL INJURY, ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED TO A MIRACLE RETREAT INC. 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.
20. LIMITATION OF DAMAGES: A MIRACLE RETREAT, ANY HOTEL OR HOTEL 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.
21. Photography, Videotaping and/or other Collection and Use of Guest’s (Guests’) Likeness.
The Guest(s) hereby grant(s) for himself/herself and all minor Guests his/her authorization, consent and permission to A Miracle Retreatand each of the Hotel Related Entities, the other Releasees and/ or their promotional partners the right to photograph and video the Guest(s) during their stay at the Hotel and to use their image and likeness in such photographic, video and other visual portrayal(s) of the Guest(s), in any medium of any nature whatsoever, for any purpose, including and without limitation to security purposes, trade, advertising, sales, publicity or otherwise, without compensation to such Guest(s). All rights, title and interest in all photographs, videotapes or other works of authorship capturing Guest likenesses (including all worldwide copyrights therein) shall be the sole property of A Miracle Retreat and/or the Resort Related Entities, as applicable, free from any claims by the Guest(s) and or any person deriving any rights or interest from such Guest(s). Guest(s) further hereby agree(s) for himself/herself and all minor Guests forming part of Guest’s Party to the collection and use of images and other personal data regarding Guest(s) as described in and in accordance with the terms provided in our Privacy Policy as in effect at the applicable time, which is incorporated herein by reference.
22. 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.
23. Use of Facilities and Activities:
The Hotels provide several activities for the entertainment and enjoyment of Guests. Guests who participate in “Activities” (as defined below) acknowledge and accept that, by the very nature of such Activities, it is possible that injuries may be suffered without any negligence on the part of the Hotel, its employees or agents. Consequently, in acknowledgement of the foregoing, the Guests HEREBY RELEASE, DISCHARGE AND SHALL INDEMNIFY AND HOLD HARMLESS A MIRACLE RETREAT, and the other Resort Related Entities, the hotel, hotel management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives (collectively, the “Releasees”) from all claims, demands, actions and/or damages suffered by the undersigned Guests in the participation of such Activities, except in the case of the proven negligence of the hotel, its employees or agents.
Activities. The term “Activities” as used above includes, but is not limited to, the following:
On Land: Running, relays, racing, basketball, shuffleboard, squash, tennis, table tennis, volleyball, weight training, aerobics, racquetball, golf, use of spa facilities, use of gym facilities, swings, slides, monkey bars, see-saws and other recreational facilities for children; and
In Water: Scuba diving, water skiing, wind surfing, snorkelling, sailing, water aerobics, kayaking, pedal boating, pool games, boat riding, swimming, use of the whirlpools, and races.
24. Personal Property and Safekeeping:
The Releasees shall not be liable for any loss or damage to money, jewelry, clothing or other valuables not turned over to the Hotel for safekeeping. In addition, electronic safe boxes have been installed in all rooms and we encourage their use.
25. Non-Smoking Policy:
We are an environmentally friendly organization and as such, our guest accommodations are non-smoking. Failure to adhere to this policy will result in a US $250 cleaning charge.
26. Alcoholic Beverages: The Hotels 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 hotels/resorts. Guests staying at the hotel/resort along with a minor or child (i.e., any individual or person under the age of 18) HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE AND AGREE that the responsible adult Guest shall not furnish, supply, or knowingly allow or permit the use, consumption and/or possession of alcoholic beverages by a minor or child during their stay. If 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 hotel/resort, and thereafter permits such use, consumption and/or possession, and the intoxicated minor or child injures or kills themselves or another, 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 hotel/resort, its employees or agents, and HEREBY RELEASES, DISCHARGES AND SHALL INDEMNIFY AND HOLD HARMLESS THE RELEASEES from all claims, demands, actions and/or damages anyone may have against the Releasees in connection with or in any way incident or related to the injury, death, damage or destruction
suffered.
Cancellation charges depend on when Unique Travel receives notice of the cancellation. Insurance premiums are NON–REFUNDABLE. Minimum cancellation charges are as follows:
If notice is received 30 to 15 days prior to Arrival, 50% of the purchase price, including any applicable airline fees.
If notice is received 14 to 0 days prior to Arrival, 100% of the purchase price, including any applicable airline fees.
Certain airfares may be non–refundable regardless of time of cancellation. All cancellations of, or changes to fares are subject to applicable airline carrier restrictions. All airfare must be sold in conjunction with a Resort stay. Airfare cannot be sold as a standalone item. Unique Travel will apply any payments made toward the 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 from any portion of your vacation or attendant services not utilized.