Terms and ConditionsLaVista Mamora Bay Ltd a company registered in Antigua and Barbuda with registered address at Mamora Bay, St. Paul’s, Antigua, (hereinafter referred to as “LaVista” ) herein agrees with the “Guest” as follows:
Guest acknowledges that LaVista is a self catering property. Guest shall be responsible for preparation of their food, and safe use of the kitchen and cooking equipment provided.
In these Booking Conditions references to the “Guest” include the first-named person on the Booking and all persons on whose behalf the Booking is made.
1. In making a Booking, the Guest agrees that these Terms and Conditions have been read, understood and have been accepted and agreed to by the Guest without reservation and without exception.
2. Agreement: The rental agreement is between the Guest and the LaVista. The contract is deemed to have been made once the LaVista has received payment of the deposit. The Guest making the booking must be over 25 years of age at the time of making the booking.
3. Booking: The Guest who makes the booking is deemed to have agreed to these Terms and Conditions will be responsible for all persons included in the booking (who must be named, and should ensure that they are all aware of these Terms & Conditions. The LaVista reserves the right to decline any booking or refuse to hand over a key to any person who has not or does not comply with these Terms & Conditions and or refuses to sign a copy of them acknowledging their agreement to the terms. All bookings made on line are subject to these terms and conditions. On or before arrival all Guests must sign a copy of this agreement and/or accurately complete a reservation form, and provide a copy of Government issued identification document such as a current passport or drivers licence. Guest confirms that he has read carefully this agreement and shall be bound by its terms. Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
(b) he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
(c) he/she and all persons named on the booking are over 18 years of age.
(d) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
4. A non refundable deposit of 50% of the total amount payable is due upon making the booking. For bookings made 42 days or less of the arrival date the total amount for the booking must be paid at the time of booking.
5. Third Party Booking. The person that makes the booking and provides payment should be a Guest staying at the property and attending the Package. If that is not the case then the person staying at the property shall be required to make separate payment, and provide identification. Any initial payment shall be refunded (minus any bank charges and administration fee) This is to prevent fraud.
6. Payment: At the time of booking a deposit equal to 50% of the Booking amount inclusive of ABST (Antigua and Barbuda Sales Tax at 17%), but exclusive of the Government Guest Levy is required. The balance is due (exclusive of the Government Guest Levy ) 42 days before arrival. The Guest agrees to pay the monies due as detailed herein. Email reminders may be sent, but delivery cannot be guaranteed. Where a Guest fails to pay their balance by the due date the booking may be cancelled, by the LaVista at their complete discretion. Where LaVista cancels for non payment then the booking shall be cancelled and the cancellation policy shall apply. On arrival at LaVista, Government Guest Levy calculated at US$5 per person per night shall be paid together with a security deposit of US$300 per suite. LaVista reserves the right to charge a higher security deposit.
7. Guest agrees that credit card information provided is for payments to be may be paid to Miradola LLC, or Lavista Mamora Bay Ltd, and that such payments are payments made in fulfilment of this agreement. Guest agrees that credit card information provided at the time of booking shall be used by LaVista Antigua to process payment for the booking. Guest agrees that the credit card provided to make the booking shall be presented at the time of booking and that LaVista Antigua may take a copy of such card in order to verify the authenticity of the payment.
8. Insurance: Bookings are accepted by LaVista on the strict expectation that Guest will take out holiday insurance. (which includes cancellation insurance covering sickness and unavoidable reasons for cancellation) prior to their stay. LaVista will not refund any booking for reasons of sickness, family emergency etc, as Guest is expected to take out holiday insurance to cover all such eventualities.
9. Security Deposit: The LaVista reserves the right to charge a security deposit. This may be in the form of a proforma completed with Guests credit card details and shall be signed by Guest, and or alternatively a “hold” on the Guest’s card for the security deposit amount. LaVista may also charge sums in excess of the security deposit amount against the card for any damage caused by Guest or his party in excess of the security deposit. Where there is no damage found within 7 days of Guest’s departure then no claim shall be made against the card.
10. Arrival/Departure: The property (unless otherwise agreed in writing by the LaVista) is available for occupation from 4.00 pm on the day of arrival. Guests must vacate by 10.30 am on the day of departure.
11. Government Guest Levy. Currently set at US$5 per person per day must be paid on arrival.
12. Guest Responsibility: Guest remains responsible for their own safety and supervision and of their party which may need more supervision because of their particular circumstances.
13. Check in. Each guest shall provide photographic identity documentation such as passport, or driving licence. Each guest shall sign a copy of the Terms and Conditions, and or a Guest Check In Form. Check in shall be after 4pm and before 9 pm unless agreed previously in writing with LaVista. Check out. Check out time is 10.30am unless agreed in writing with LaVista. Guests should put all furnishings and household items back to their original locations as per the beginning of the rental period. Guest shall remove their items for the fridge, put any trash in the garbage bin, and wash the dishes. Guests should not leave any items at the property and, if left, the LaVista has the right to charge for the removal, return or disposal of those items. Guest shall return keys to staff on site, or if no staff member is available then keys should be returned to the lock box. If Guest does not check out at the proper time, then LaVista may charge Guest further for any additional cleaning cost incurred caused by the late check out. Additionally if late check out of Guest causes the accommodation not to be available for a new arrival then Guest shall be charged for any refund due to the incoming guest inclusive of any charge to provide alternative accommodation for that person and their party inclusive, of any incidental costs such as taxi fees, and meal costs etc.
14. Number of People using Holiday Accommodation: LaVista permits the Guest and members of the guest’s party, as indicated on the Booking Form(but no one else) to attend the property for holiday purposes only. Guest must declare the name and details and the correct number of Guests intending to stay for the booking. Any request for changes must be made to the LaVista before the rental commences. No more than the maximum number of persons, (which is generally two adults per suite), permitted by LaVista may visit or occupy the property unless by prior written agreement with LaVista. Extra charges may be applicable if the number of Guests differs from the number on the booking.
15. No show: Should Guest not attend property for the duration of the booking, then Guest shall be charged the full amount for the booking.
16. Cancellation by Guest: If the booking is cancelled 42 or more days before arrival then a charge equal to US$240 per suite booked will be made. If the booking is cancelled less than 42 days before arrival then a charge equal to the first 2 nights of the stay will be made. Cancellations within 30 or less of arrival date, full booking amount is due. Guest bears all bank charges on refunds paid.
17. Parties and Events: Are not permitted unless expressly agreed by LaVista in writing before such party or event. Should Guest have unauthorised person or persons s on the property LaVista maintains the right to ensure such unauthorised persons to leave the property. Should Guest or Guests seek to hold an unauthorised event or party then LaVista maintains the right to do all that is reasonably required to close down such event including calling the police and authorities. In such circumstances LaVista retains the right to terminate the Guest booking and the Guest shall not be entitled to any refund. Additionally Guest shall remain liable for any additional costs incurred such as additional cleaning costs, additional costs for LaVista staff and managers to attend the property and for any loss or cost incurred should property not be ready or available for next incoming Guest due to the unauthorised party or event to include loss to LaVista and the costs of finding alternative accommodation for the incoming guest to include incidental costs such as transportation etc.
18. Guest nor any of his party may assign/sublet or transfer any benefit or part of this agreement.
19. Concierge Service. LaVista does not generally provide concierge services. However such service may be provided on request and will be charged additionally. Such cost should be paid at the time of delivery of service, and is generally charged at US$35 per hour plus the cost of the service or product. Guest authorises LaVista to charge for any such costs and or any services provided to the Guest to the Guests credit card, and to deduct from the security deposit. If a local “pay as you go” mobile telephone is made available to Guest, Guest agrees to top up an agreed amount before departure, and such cost may be deducted from Guests credit card and or security deposit.
20. Cleaning: A mid stay clean may be provided by LaVista to Guests staying for five days or more. The Guest is expected to keep the accommodation in clean condition and good order during their stay. This includes keeping the kitchen clean, and free of food debris, using the bins provided and washing the dishes etc, and keeping the accommodation in general good order. Guest may request LaVista to provide additional cleaning for which a small fee shall be charged. Guest may be charged an additional fee, where excessive cleaning is required, because Guest has failed to keep the accommodation clean and in good order.
21. Pets/Animals: No dog, cat, or any animal, or insect is permitted at the property. Service and or support animals are not accepted at the property, and the laws of Antigua and Barbuda do not require their acceptance. Guest found contravening this policy shall be denied entry and their booking shall be cancelled without refund. If damage, extra cleaning or any cost or expense, or loss is caused to LaVista by a Guest contravening this policy then the Guest shall be charged for such cost, expense and or loss.
22. Damage, Loss, Theft: Guests agree to inform LaVista of any damage or loss however caused to the property, and its contents, incurred during occupation. Guests should not remove any item from the property not belonging to them. LaVista may charge for reasonable replacement costs for any item missing or damaged during Guests stay. Keys not left with LaVista on departure incur a fee of US$150. In the instance of damage the LaVista will charge for the whole cost of the replacement or repair of the damage plus any additional costs incurred as a result of the damage. If damage or loss caused by the Guest is such that the accommodation cannot be used until the damage is repaired and a booking has to be cancelled, or alternative accommodation provided to a new arrival, then the Guest shall be charged for the loss of revenue to the LaVista, and or the cost of providing alternative accommodation, and reasonable incidental costs and any refund and or damages paid to the incoming guest.
23. Guest is instructed not to rest any item on any of the balconies to the property as they are unsightly and or pose a risk to the other Guests. Should any Guest leave any item on any balcony and it falls and causes damage or injury then Guest shall be fully responsible for the cost of replacement, repair and compensation. Guest shall not stand, sit or jump off any balcony, or throw anything from it, as it poses a severe risk of injury and or death.
24. Left Personal Items. Guest agrees that if any personal items are left at LaVista then Guest must provide funds to LaVista to pay for the costs of return before the item is returned. Guest understands that the traditional postal system in Antigua is exceptionally slow (it can take months for mail to reach its destination, if at all) and for this reason any item left would have to be returned via courier. Guest agrees that unless full payment is made to LaVista before such cost is incurred then the item will not be returned to Guest. If Guest has left any item at the property that he wants returned, he shall inform LaVista within 5 days of his departure.
25. Security. Antigua is generally a very safe country, and Mamora Bay is very much so. However Guest is encouraged to maintain reasonable precautions in order to maintain their own safety and that of the other Guests at the property. This includes, locking doors and windows when not in the suite, leaving items of value away from windows and other visible places, using the safe provided, and not bringing persons to the property. Closing and locking doors and windows at night. LaVista shall not be responsible for any loss or damage caused to the Guest should they not adhere to this guidance.
26. Nuisance and Quiet Hours. Quiet hours are 11pm to 9am. During Quiet Hours Guests shall keep all noise to a minimum, and shall not disturb other Guests and neighbours. Guests should not cause nuisance or annoyance to occupants of any nearby property, or other Guests on the property. If, in the opinion of the LaVista, any person does not maintain Quiet Hours, or causes unreasonable noise or nuisance to other Guests or neighbours, they may be considered not suitable to continue their occupation of the property, and LaVista may repossess the accommodation provided to Guest without refund to Guest. Guest shall remain responsible for payment of the whole booking. Amplified music is not permitted. Guests should take care that their music is not audible to other guests whether or not it is Quiet Hours.
27. If Guest behaves unreasonably and causes damage or nuisance to other Guests or neighbours, the contract may be treated by the LaVista as discharged and the LaVista may repossess the property immediately. The guest will remain liable for the whole cost of rental and no refund shall be due.
28. Access: Guests must allow reasonable access to the property by the LaVista for maintenance, repair, and cleaning given reasonable notice. LaVista reserves the right to enter Guest accommodation where it has reasonable cause to believe that such entry is necessary to carry out maintenance or repair and to prevent loss or damage to person or property.
29. Guest acknowledges that Antigua is a tropical country and a developing nation and that the wildlife there may be different to what Guest is accustomed to. Guest should fully expect to see and hear the local wildlife during his stay and accept this as normal. Should Guest request or require that the property is “fogged” to reduce bugs then such expense shall be borne by the Guest. Guest acknowledges that animals such as birds, and insects will enter the property when doors and windows are left open. Guest also acknowledges that if food is left out and not refrigerated, especially sweet food such as sugar etc, then this will attract pests. Should such incidences occur then this will not entitle Guest to any refund. Guest also acknowledges that as a developing nation the provision of wifi is unlikely to be of the same standard as provided in more advanced countries. Internet speed is not guaranteed. Power outages are extremely uncommon, however they may happen. Utilities are not guaranteed.
30. No Smoking: The property has a strict No Smoking Policy. Marijuana smoking is not permitted on any part of the building or the property generally. Smoking is not permitted in the building or on the grounds on the waterfront side of the property. Tobacco smoking is permitted on the driveway where indicated. Please dispose of cigarette buts in the cigarette tray provided. No vaping or candles are permitted in the building or on any part of the grounds. No illegal drug is to be taken or consumed on any part of the property.
31. Outside area. Swimming pool. There is no life guard on duty. Guest use pool completely at their own risk. The pool is approximately 4 feet or less in depth. No diving or jumping into the pool is permitted. No food is to be consumed in or around the pool. Guest shall not be under the influence of alcohol or any mood/awareness affecting drug or medication before or when using the pool. No glass, ceramic, or other items likely to cause injury if broken shall be used in or near the pool, or on the pool deck. Any additional cleaning, or emptying of the pool caused by Guests failure to adhere to these terms shall be charged to the Guest. Guest must comply with pool rules which are posted on the property. No running or horseplay on pool deck, which is slippery when wet. Do not swim immediately after eating, and do not use the pool if you have open wounds or communicable diseases. Shower before entering the pool Ocean access. There is no life guard on duty. Guest accesses to the ocean is completely at their own risk. Access is via rocks which can be by their nature slippery. Sea life also inhabit the seas. LaVista accepts no responsibility for the conditions of the ocean, and access to it.
32. Security Cameras. Security cameras are located around the property to ensure the safety, and security of LaVista and Guests at the property. Currently cameras are placed on the driveway, on the back wall, and on the front of the building. The cameras are set so as to monitor access to and from the property and the buildings. They monitor and record video and audio. The cameras are not constantly monitored but may be if there are any safety or security issues or LaVista reasonably believes that this Agreement or property rules have been or are likely to be broken, or where the LaVista reasonably has cause to believe that an issue regarding the safety and or security of the property, Guest or LaVista is likely to occur. Guest and their party consent to the use of such cameras. Should Guest not consent to such camera use then they may cancel their booking without refund. Guest agrees that they shall not tamper with, disconnect any Wi-Fi or obstruct any camera. Doing so shall entitle the LaVista to terminate the contract and tell Guest and his party to leave the property with no refund. LaVista reserves the right at its discretion to place security personnel on the property for the safety and security of Guests at the property and the property itself.
33. Cancellation by LaVista, property unavailable: The LaVista reserves the right to refuse, or amend any booking and to cancel any bookings already made if the property is unavailable (e.g. through fire, flood, etc.) for any reason whatsoever, subject to a full refund of all monies paid (but no further liability). LaVista shall not be under any other liability if such cancellation occurs.
34. Cancellation by LaVista, breach of the terms and conditions by Guest, misrepresentation or fraud. LaVista reserves the right to cancel a booking and or terminate an existing booking due to any fraud or misrepresentation before, during, or after the booking process. LaVista also reserves the right to cancel and or terminate a booking where Guest has not adhered to these terms and conditions. In such cases Guest remains responsible for the full booking amount and no refund, credit, or offer of alternative accommodation shall be made. Further if the behaviour of the Guest leads to the LaVista cancelling or terminating the booking and the LaVista incurs any cost or expense due to the Guests behaviour then such cost or expense shall be a charge applied to the Guest.
35. Inspection: LaVista inspects the standard of facilities at the property on a regular basis. Property descriptions and all details both written and oral are given in good faith and believed to be correct, but interpretation thereof can be subjective and as such their accuracy cannot be guaranteed. Property details may vary over time from photographs and descriptions on the websites.
36. Complaints Procedure/Disputes: Any dispute arising out of the booking will be between the Guest and LaVista. No complaints can be considered unless notified during the Guest’s stay in the property. It is the duty of Guests to minimize any loss to them and therefore it is their responsibility to inform LaVista at the earliest possible opportunity of any problem. Complaints received after departure cannot be accepted as LaVista thereby had no opportunity to resolve the complaint at the time.
37. Liability: LaVista cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property, its plumbing, gas, electrical services or exceptional weather. No responsibility is accepted for loss or damage of property, vehicles or vehicle contents belonging to the guest or any member of the party during their occupancy.
38. Force Majeure: LaVista cannot accept responsibility or liability for any alterations, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, epidemics, acts of any government or public authority, or any other event outside our control.
39. Hurricane and Severe Weather. Guest understands that as Antigua is a Caribbean island there is a very small risk of hurricane. Guest agrees that LaVista may cancel booking due to an impending hurricane, or other severe weather or environmental condition. In such event Guest shall have the option to re arrange new dates as can be agreed, or alternatively monies paid shall be refunded. If Guest is at LaVista and there is notification of a hurricane or other severe weather, then LaVista reserves the right to make such emergency arrangements as they consider appropriate at their sole discretion. Such arrangements may include evacuating the property and relocating guests to a shelter until the threat has passed. Guest understands and agrees that LaVista is not responsible for the weather and environmental conditions, and no refund shall be due to Guest should there be any such unfavourable conditions. If LaVista is damaged by any such hurricane or severe weather such that further occupation at LaVista is not practical then Guest shall be entitled to a refund for those remaining days.
40. Items provided by LaVista such as complimentary food or toiletries are used by Guest at their own risk and guest is to take appropriate steps to ensure that goods supplied are compatible with their allergies etc.
41. Passport/Visa. It is Guest’s responsibility to ensure that they have the necessary passport and or visa to enter and remain in Antigua for the duration of their visit.
42. Waiver: The failure of the LaVista to enforce or exercise, at any time or for any period of time, any term of, or any right pursuant to this agreement does not constitute and shall not be construed as a waiver of such term or right.
43. Jurisdiction. This agreement is governed exclusively by and subject to the laws of Antigua and Barbuda. The courts of Antigua and Barbuda shall have exclusive jurisdiction to determine any dispute between the parties.
Please note Check In time is after 4pm and Check Out time is 10.30am unless agreed in writing beforehand with LaVista.
If the booking is cancelled less than 42 days before arrival then a charge equal to the first 2 nights of the stay will be made.
If the booking is cancelled less than 30 days before arrival then a charge equal to the full booking amount will be made.
If the booking is cancelled 42 or more days before arrival then a charge equal to 240 USD per room booked will be made.