EXCELLENCE-RESORTS.COM (“Site”) is property of Excellence Resorts N.V., (“Excellence Resorts”, “we”, “us”).
These terms and conditions of use (“Terms and Conditions) are applicable to any user (“user” or “you”) of the Site. Please read these terms and conditions of use (“Terms and Conditions”) before using the Site. You consent to these Terms and Conditions when you use this Site. If you disagree with any part of the Terms and Conditions, you may not use this site in any way. You should check these Terms and Conditions for any changes each time you access the Site.
Excellence Resorts offers on the Site information related to the type of activities, products and services of the Excellence Resorts Group. This Site offers information of the hotels of the Excellence Resorts Group.
We are a Netherland Antilles registered company. Our business and the services we offer are governed by the applicable laws of the Antilles. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this Site, the services offered by or on behalf of us, any information relating to such services and our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.
1. The Site
1.1 Use of the Site
Excellence Resorts grants you a limited right to use the Site only as expressly permitted in these Terms and Conditions. Except for this limited use, we do not grant you any other rights or licenses with respect to this Site. Excellence Resorts reserves the right to terminate or restrict your access to the Site at any time without notice. Upon such termination or suspension, you must immediately discontinue use of the Site.
The information and/or prices shown on this Site are updated from time to time and therefore may have changed by the time you come to book your hotel arrangements.
This Web site is for personal use but never for commercial use. It is prohibited to modify, copy, distribute, transmit, reproduce, publish, commercialize, sell or conduct any other activity that can be made with the content of this Site, except for with the prior written consent of Excellence Resorts.
Excellence Resorts takes your privacy concerns seriously and will not share your personal information without your consent. When you make a reservation or purchase online with Excellence Resorts, we will share information about you and your booking with the hotel you designate. We will only provide the necessary information to ensure your hotel arrangements are confirmed with the hotel. The hotel will use your credit card information to process your booking. Excellence Resorts will not give or sell confidential or personal information about the user to any third party not affiliated with the transaction, except as required by law or as necessary to provide the services to the user.
Some of the information collected by Excellence Resorts is personal data or data which relates to an identifiable person. Examples of personal data are names, addresses, e-mail addresses, credit card numbers and telephone numbers. We are committed to fulfill the applicable regulations on the processing of personal data. Excellence Resorts will deal with the data of users in an automated form, and if required will register such processing with the Antilles Data Protection Authority.
We treat the personal data of the user as assets that must be protected against loss and unauthorized access. We employ information security techniques to appropriately protect confidential information from unauthorized access by users outside the company.
We retain information about users as necessary for business purposes and as required by government regulation. We carefully dispose of records and delete information when retention periods expire.
Users can visit most areas of the Site without revealing who they are or providing any information about themselves. However, some of our interactive services require that users identify themselves in order to enable the interactive function. We may ask users to provide some personal information in these situations.
You can exert your right of access, rectification, cancellation or opposition by contacting email@example.com as indicated below. Users should note that Excellence Resorts will use reasonable efforts to delete user information when requested but that some residual information may remain because of backup files and deletion logs.
1.3 Intellectual Property
The information, content, graphics, text, images, trademarks, service marks, trade names and logos (“Materials”) contained in this Site are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national law and international treaties. Excellence Resorts retains all right, title, interest and intellectual property rights in and to the Materials.
1.4 Links to third party sites
Please note that our Site may provide links to other sites not operated by Excellence Resorts and that the privacy policies of these sites may differ from ours. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
The Site is provided on an ‘as is’ and ‘as available’ basis. We do not accept any liability in respect of your ability to access or use the Site at any time or for any interruption in that access or use for any failure to complete any transaction. We do not warrant that the Site is free from defects, including, but not limited to computer viruses or other properties that may cause loss or damage.
No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy of any of the information contained on this Site or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Site and/or use of or access to any other information or material by web links from this Site or any inability to access or use this Site. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed by sites or supplied by an identified Third Party, where consistent with our applicable booking conditions. If any of these exclusions, in whole or in part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.
2. Terms and Conditions of booking
2.1 User Obligations
You agree to be bound by the following obligations, including without limitation:
a. you accept financial responsibility for all transactions made under any name or account;
b. you must be 18 years of age or over and have legal capacity;
c. you declare that you understand these Terms and Conditions;
d. you warrant that all information you provide about yourself or anyone else shall be true and accurate;
e. the Site must not be used for speculative, false or fraudulent bookings;
f. any content the Site may not be modified, copied, transmitted, distributed, sold, displayed, licensed or reproduced in any way by you, except that one copy of the information contained within the Site may be made for your personal, non-commercial use. If you do so, you may not modify the content in any way.
All prices stated on the Site are expressed in US Dollars and include service and VAT.
2.3 Booking procedure
Upon completion of the reservation according to the instructions on the Site, you confirm the dates indicated on the booking form, as well as the number of rooms, the number of persons the chosen hotel and your acceptance of the conditions and contracted price of the reservation.
The contracted price including any additional tax will be charged in full four (4) days prior to your arrival day to the credit card provided during the booking process. If we are not able to receive the reservation payment in full, four (4) days prior to your arrival, you will have a 24 hour grace period to complete the payment. If the full payment is not received within that grace period we reserve the right to cancel your booking and apply appropriate cancelation fees in accordance with section 2.7
For bookings made four (4) days or less prior to arrival date, the full amount corresponding to your reservation will be charged in full at the time of the booking to the credit card provided during the booking process.
Each booking must be guaranteed with a credit card number. Please note the maximum number of reservations guaranteed under the same credit card is five (5). The credit card data will also be used to offset costs if you do not comply with the cancellation conditions on cancellation.
2.5 Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Any failure to meet special requests will not be a breach of contract on our part.
2.6 Changes by user
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us by means of filling in a form on the Site as soon as possible. This should be done by the person who made the booking. Whilst we will do our best to assist we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to any applicable rate changes or extra costs incurred. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with section 2.7.
2.7 Cancellation by user
Cancellation of your booking must be made by means of filling in a form on the Site. Once the booking is cancelled, you receive a confirmation by e-mail which contains a cancellation number. This cancellation number acts as proof of your cancellation in the event of a dispute.
For cancellations of bookings received 7 days or more prior to arrival, no cancellation fee is due. Cancellations of bookings received within 6 to 5 days prior to arrival will result in a cancellation fee equivalent to an average two nights stay from the booked period. Cancellations of bookings received within 4 days or less prior to arrival will result in a cancellation fee equivalent to the full amount due for the entire booked stay.
Please be aware that no refunds will be issued for any unused portion of your stay. Our cancellation policies are applicable at all times without exception.
2.8 Changes or cancellation by Excellence Resorts
We reserve the right to make changes or cancellations after the booking at any time, although we will endeavor not to make a major change or cancel the booking within 72 hours of the arrival date, except by reason of force majeure. If we have to make a major change to your arrangements after booking we will offer you the option of accepting the change or canceling the booking and receiving a full refund of any monies you may already have paid. We do not accept responsibility for any expenses or costs you may incur as a result of any change.
2.9 Incorrect Information
Whilst every effort is made to ensure the accuracy of all information and prices displayed on this Site, regrettably errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the hotel arrangements or to cancel and receive a full refund of any monies you may already have paid.
We may charge a fee for the service provided when you book accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes and assessment arising out of your use of the services available on the Site.
2.11 Force Majeure
We do not accept liability or pay compensation for any loss, damage or expense where the performance of our service is prevented or affected by reason of force majeure. Force Majeure means any event which we could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
2.12 Guest behavior
In the event of a termination of your hotel arrangement by the hotel (manager) by reason of improper conduct, our liability to you and /or your party will cease. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of the termination.
3. Change of Terms and Conditions
We reserve the right to change these Terms and Conditions as well as the contents of this Site, including the availability of any suppliers, features, information, database or content, for any reason and without notice, and without liability to you, any other user or third party. This right shall not affect the Terms and Conditions accepted by you upon making a legitimate reservation using this website. You should check these Terms and Conditions for any changes each time you access the Site.
You agree to indemnify Excellence Resorts and each of their respective officers, directors, employees ad agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees in any action filed or commenced by any third party against Excellence Resorts as a result of (i) your breach of these Terms and Conditions or the documents made part of these Terms and Conditions by reference, (ii) your violation of any law or the rights of a third party or (iii) your use of our Site.
Access to this Site is conditional upon your agreement that all information contained in it and all matters which arise between you and Excellence Resorts will be governed by Netherland Antilles law. Access is further conditional upon your agreement that any dispute or matter which arises between you and Excellence Resorts will be dealt with exclusively by the courts of the Netherlands Antilles. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.
6. Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Excellence Resorts, you may contact firstname.lastname@example.org as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.