Legal Notice

 

Legal Notice

Via this link https://ansechastanet.com/waiver.html you may view the complete waiver documents we ask our guests to sign as part of the check-in procedure.

Agreement, Waiver and Release – Covid 19

Dear Prospective Guests,

Please know that we have always taken your health, safety, and comfort very seriously, and we have always enjoyed a well-deserved reputation for maintaining very high levels of customer service, cleanliness, and safety.

As a result of the Covid -19 (coronavirus) pandemic presently, we are taking enhanced health and safety measures throughout the resort to help maintain a clean, safe and comfortable environment for our valued guests, staff members, and visitors.   Despite these enhanced health and safety measures we offer no guarantee that the risks associated with the virus will be totally eliminated.  For your safety all guests will be required to adhere to all health and safety protocols, posted rules, signage, and instructions during your stay with us.  Compliance with social distancing, hand washing and sanitizing, and similar instructions will be of primary importance.

Covid-19 (coronavirus) is highly contagious, potentially deadly, and may result in serious illness, injury, disability or death.  There is an inherent risk of coronavirus/Covid-19 exposure anywhere people are, or have been, present.  The Center for Disease Control (“CDC”) has indicated that certain people may be at greater risk, namely the elderly and those with compromised immune systems and other underlying conditions.  However, young and healthy people may also suffer severe illness, injury disability and or death, and should therefore take precautions.

As a condition of visiting the resort and using any of its services, facilities and amenities, you will be required to VOLUNTARILY AGREE TO FULLY ASSUME ALL RISKS related to exposure to any infectious disease including but not limited to Covid-19 exposure.  You further AGREE that you, your heirs, executors, successors and assigns SHALL HOLD HARMLESS AND SHALL NOT SUE and or OTHERWISE HOLD LIABLE the resort, its owners, officers, directors, employees, agents, representatives, insurers, affiliates, suppliers and any relevant tour operators, travel agencies, and travel agents, for any illness, injury, death, disability, losses or damages of any kind or nature whatsoever caused by exposure to any infectious disease including but not limited to Covid-19  Kindly note that all  guests will be required to sign an Agreement, Waiver  and Release Regarding Covid -19 ( hereafter “Waiver”  ) to this effect upon booking.

This Waiver applies to all guests and visitors including but not limited to any minor children for whom an adult guest or visitor is a parent, guardian, or is otherwise responsible for. The Waiver shall be LEGALLY BINDING.  Should any guest or visitor bring a claim, suit or any other action in violation of this provision, we shall seek to have it DISMISSED WITH PREJUDICE (meaning permanently dismissed) with costs.  

Please understand that, without this Waiver, it would be nearly impossible for the resort to operate under the current circumstances.  We don’t like legal jargon any more than you do, and we look forward to the day (hopefully in the near future) when all of this goes away.  In the meantime, we feel it is only fair that you are fully informed and allowed to make the best possible decisions for you and your loved ones.

We greatly—and very sincerely—appreciate you and your business, and we look forward to providing you with an excellent Saint Lucian holiday.  Thank You!


COVID-19 TRAVEL - ADHERENCE TO SAINT LUCIA LAWS

With the risk of Covid-19, exposure can never be eliminated in a travel and tourism setting. While we have made the necessary investments in health and safety, staff training, equipment and products to help insure you have a safe holiday, we also need to ensure that each guest understands and agrees to follow the following health and safety protocols while resident guests in accordance with the guidelines set forth by our Chief Medical Officer in St. Lucia in addition to any additional guidelines that they may provide later: 

  • Sanitize hands immediately upon arrival at the resort as well as before entering each restaurant and bar, boutiques, reception, spa, gym and the scuba center
  • Agree to luggage sanitation on arrival
  • Wear face mask in public areas with other persons present
  • Always seek to maintain social distancing of 6 feet
  • Agree to be assessed for COVID-19 symptoms twice daily.
    • This includes assessing for flu like symptoms, gastrointestinal symptoms (e.g. vomiting or diarrhea), loss of smell or taste, measurement of temperatures and other medical related questions
  • Agree to promptly report any flu like symptoms or fever that may be experienced.
  • Observe and practice the information contained within the COVID-19 information boards around the property 
  • Agree to undergo a PCR test upon request by the Ministry of Health once on property 
  • As per GOVERNMENT OF SAINT LUCIA STATUTORY INSTRUMENT, 2020, No. 114: 

Do not leave the resort property during your entire stay and/or stop and exit the vehicle anywhere during the airport transfers for example at local shops, restaurants, bars, etc.   You must remain at your COVID-certified accommodation for the duration of your stay in Saint Lucia, unless you are on an excursion arranged by the hotel. The resorts certified to operate in Phase 1 will do their utmost to provide you with a diverse offering of activities and services on their resort properties. Coastal boat excursions are available as an approved activity off property, bookable through the hotel. 

Booking Terms & Conditions- Anse Chastanet & Jade Mountain Resorts

IMPORTANT: THE FOLLOWING TERMS AND CONDITIONS GOVERN THE CONTRACT BETWEEN ALL TRAVELERS AND HOTEL GUESTS (INDIVIDUALLY AND COLLECTIVELY “GUEST”), AND ANSE CHASTANET RESORT (SYCUM) LIMITED, (“HOTEL”) PROVIDING ACCOMMODATIONS AND SERVICES TO GUEST PURSUANT TO A CONFIRMED BOOKING.YOUR ENJOYMENT OF YOUR VACATION IS IMPORTANT TO US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE YOUR COMPLETE UNDERSTANDING AND AGREEMENT. IN CONSIDERATION OF THE BOOKING CONFIRMATION BY ANSE CHASTANET RESORT (SYCUM), LIMITED AND/OR ANY THIRD PARTY TOUR OPERATOR, TRAVEL AGENT, OR TRAVEL PROVIDER, ALONG WITH OTHER GOOD AND VALUABLE CONSIDERATION, ALL GUESTS HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS THAT ARE INCORPORATED IN THE CONTRACT:

  1. Payment.Bookings made with Anse Chastanet Hotel (SYCUM), Limited require a deposit as follows: Reservations based on our daily rates must be secured by a three-night deposit and the remainder is charged at check-in. Weekly packages and special promotional offers require a 50% deposit upon reservation confirmation with the balance due 4 weeks prior to arrival. Special conditions apply for the Festive Season, after initial deposit, full prepayment must be received for all reservations 8 weeks prior to arrival.
  2. Cancellation and Change Charges Payable by Guest:
  • Regular cancellation policies
    • Cancellation or amendment of reservations are subject to a 3 night’s cancellation fee if notification is not received 21 days prior to arrival for reservations January 3rd to December 19th. 
    • Festive reservations (Dec 20-Jan 2) are subject to a 3 nights’ cancellation fee if cancelled within 65 to 22 days prior to arrival. Festive reservations (Dec 20-Jan 2) are non-refundable if cancelled or amended within 21 days of arrival. 
    • No show or cancellation on arrival day attracts a 100% penalty charge. 
    • We suggest that travel insurance is taken. 
    • Credit card refunds due to reservation cancellation are subject to a 5% processing fee.
    • Group reservations and cancellations terms differ.
  • COVID cancellation policy – in light of the COVID-19 travel uncertainty, we have temporarily changed our cancellation terms: 
    • Any existing or new booking taken between now and December 21st, 2020 for arrival dates between July 24th and December 21st, 2020 & between January 3rd and December 21st, 2021 will be subject to no cancellation fee when cancelled 8 days prior to arrival.
    • A cancellation fee of 3 nights will apply for bookings cancelled within 7 days prior to arrival.
    • Festive reservations (Dec 22-Jan 2) are subject to a 50% cancellation fee if cancelled within 21-8 days prior to arrival. Festive reservations (Dec 22-Jan 2) are non-refundable if cancelled or amended within 7 days of arrival .  
    • No show or cancellation on arrival day attracts a 100% penalty charge.
    • We suggest that travel insurance is taken. 
    • Credit card refunds due to reservation cancellation are subject to a 5% processing fee. 
    • Our reservation terms may change without prior notice. Confirmed bookings will be subject to the cancellation terms at time of booking
    • Group reservations and cancellations terms differ.
  • TRAVEL INSURANCE IS STRONGLY RECOMMENDED. 
  1. Travel Delays and Cancellations.The Hotel shall NOT be liable for any refunds or other compensation due to travel delays, cancellations, Guest’s inability to travel for any reason and any related losses or expenses including without limitation any losses or expenses resulting from “acts of God” or force majeure type events.TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
  2. Check-in / Check-out.Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Subject to availability, early check-in or late check-out may be available for an additional fee payable locally at the Hotel.
  3. Passport and Credit Card Required for Check-In. Upon check-in at the Hotel, the lead Guest whose name the booking is under MUST PRESENT a VALID PASSPORT and a VALID MAJOR CREDIT CARD. The names on the booking confirmation, passport, and credit card must match. This is part of the Hotel’s ongoing efforts to prevent fraud and protect Guests’ identities.
  4. Preauthorization at Check-In.Upon check-in at the Hotel, a credit card preauthorization in the amount of $100 per day will be completed to cover any room charges, incidentals, and damage. The preauthorization will be released at check-out assuming the Guest’s room bill has been paid in full. The Hotel accepts Visa, MasterCard, and American Express.
  5. Required Signing and Agreement at Hotel Check-In.Notwithstanding anything to the contrary, upon check-in at the Hotel, each adult Guest shall be required to sign the Hotel’s Guest registration form, the Guest Covid 19 Safety Protocol Agreement and submit the completed Waiver and Release from Liability Regarding COVID-19 if not already submitted to the Hotel. A copy of the Hotel Waiver and Release Regarding COVID -19 is attached to this Booking Terms and Conditions as Exhibit A. The Hotel’s Waiver and Release Agreement specifies, among other things, the Hotel’s disclaimer of liability for any claims relating to exposure to infectious diseases including but not limited to COVID-19, that any claims or controversies arising out of or in connection with any Guest’s stay at or presence upon Hotel property—including the use of any related services, facilities, and amenities—shall be governed by the Laws of Saint Lucia and subject to the exclusive jurisdiction of ST. LUCIA courts. IF THE GUEST REFUSES TO SIGN THE HOTEL’S WAIVER AND RELEASE REGARDING COVID-19, THE GUEST SHALL NOT BE PERMITTED TO CHECK-IN AND SHALL BE DENIED ACCESS TO THE HOTEL AND ITS SERVICES AND AMENITIES. THEREFORE, ADVANCE NOTICE OF THIS REQUIREMENT IS HEREBY PROVIDED AND THE GUEST SHALL BE DEEMED TO HAVE READ AND UNDERSTOOD THIS REQUIREMENT PRIOR TO MAKING THEIR HOTEL BOOKING. THE CANCELLATION CHARGES SET FORTH IN PARAGRAPH 2 OF THIS TERMS AND CONDITIONS SHALL APPLY IF THE GUEST CHOOSES TO CANCEL OR CHANGE THEIR HOTEL BOOKING DUE TO AN UNWILLINGNESS TO SIGN AND AGREE TO THE HOTEL’S WAIVER AND RELEASE REGARDING COVID-19 AGREEMENT. THE REQUIREMENTS OF THIS PARAGRAPH 7 SHALL APPLY TO ALL HOTEL BOOKINGS WHETHER MADE DIRECTLY WITH THE HOTEL OR THROUGH ANY OTHER THIRD PARTY TOUR OPERATOR OR TRAVEL AGENT.
  6. Force Majeure.The Hotel and any third party tour operators and travel agents shall NOT be liable for any losses or damages due to events beyond their reasonable control including without limitation: acts or orders of governmental authorities; weather; fire; flood; earthquake; pandemics; epidemics; endemics; outbreaks; volcanic activity; lightning; airline delays or cancellations for any reason; utility outages; strike, lockout, or work stoppage; terrorism; or any event typically described as “force majeure” or an “act of God.” REFUNDS SHALL NOT BE OFFERED in the event of a late or delayed arrival to the Hotel. In the event of a delayed departure from the Hotel, Guests shall be required to pay locally for any additional nights at a rate not to exceed the Hotel’s night published (“rack”) rates. Again,TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
  7. Insect-Borne Illness.The Hotel is located in a tropical environment. Although the Hotel maintains a year round pest control program, the Hotel, its owners, officers, employees, agents, representatives, tour operators, agents, affiliates, insurers, and suppliers shall absolutely NOT be liable for, and all Guests shall HOLD HARMLESS the Hotel, its owners, employees, agents, insurers, and suppliers from any injury, illness, disability, death or loss resulting from exposure to any insect-borne disease or similar tropical illness of any nature whatsoever, including but not limited to Zika virus and dengue viruses . Potential Guests who are pregnant or may become pregnant should seek the advice of a qualified physician prior to travel. 
  1. Food Allergies and Dietary Restrictions.The Hotel and its owners, employees, agents, insurers, and suppliers SHALL ABSOLUTELY NOT BE LIABLE for, and all Guests shall HOLD HARMLESS all such parties, from any injury, illness or loss resulting from food allergies or the Hotel’s inability to meet specific dietary needs or requirements.
  2. Guests with Disabilities.Due to the unique nature of the Hotel, its buildings, grounds, amenities, and services, the Hotel may not be suitable for Guests with certain disabilities and mobility issues. Some buildings, rooms, grounds, beaches, amenities, events, and services may not be accessible. Likewise, Guests with certain disabilities and mobility issues may encounter difficulties at local airports and with public and private transportation, walkways, buildings, facilities, services and events.
  3. Forum Selection; Governing Law:As a condition of making any Hotel booking, all Guests hereby agree that the courts and authorities of THE COUNTRY WHERE THE HOTEL IS PHYSICALLY LOCATED, ST. LUCIA, shall have EXCLUSIVE JURISDICTION over any claims or actions of any nature whatsoever arising out of any act, omission, illness, injury, loss or other occurrence at the Hotel or anywhere in the country where the Hotel is physically located. All other jurisdictions that any Guest may have access to by reason of domicile or otherwise including without limitation the United States, Canada, and the United Kingdom are hereby irrevocably WAIVED. The Hotel shall seek to have any claim brought in an unauthorized jurisdiction to be DISMISSED without prejudice, and all costs of such dismissal shall be borne by the party who brought the action in the unauthorized jurisdiction. These terms and conditions shall be LEGALLY BINDING on all Hotel Guests. In the event of a conflict between the provisions of this Contract and any other information or advertising relating to any Guest’s travel to or stay at the Hotel, the provisions contained herein SHALL CONTROL.
  4. Limitations of Liability:UNDER NO CIRCUMSTANCES shall the Hotel, its owners, officers, employees, agents or insurers be liable for any claim or action of any nature whatsoever arising out of or in relation to any act, omission, illness, injury, loss or occurrence at the Hotel or in St. Lucia where the Hotel is physically located. Each Guest shall HOLD HARMLESS the Hotel and its owners, officers, employees, agents and insurers from any such Hotel-related claims and actions, and from any claims or actions based on the acts or omissions of any third party airline, transportation provider, and tour and excursion providers. UNDER NO CIRCUMSTANCES shall the Hotel, any third party tour operators or travel agents, or any of their respective owners, officers, employees, agents or insurers be liable for any consequential, incidental, punitive, or exemplary damages or any damages based on emotional distress, mental suffering, or psychological injury of any kind.

LIMITATIONS PERIODS: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO SUIT ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS OF ANY NATURE WHATSOEVER SHALL BE MAINTAINABLE AGAINST THE HOTEL OR ANY OF ITS AFFILIATES, PARENT COMPANIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INSURERS UNLESS WRITTEN NOTICE OF THE CLAIM WITH DETAILS IS SENT BY RELIABLE INTERNATIONAL COURIER OR CERTIFIED MAIL WITH DELIVERY RECEIPT AND ADDRESSED TO ANSE CHASTANET HOTEL, 1 ANSE CHASTANET ROAD, SOUFRIERE, ST. LUCIA LC09 101, ATTENTION: LEGAL DEPARTMENT AND IS RECEIVED WITHIN SIX (6) MONTHS AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS. UNDER NO CIRCUMSTANCES SHALL ANY SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED (ACTUALLY FILED WITH A COURT OF COMPETENT JURISDICTION) WITHIN ONE (1) YEAR AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS.

  1. Legally Binding.These terms and conditions are LEGALLY BINDING. Each Guest is responsible for reading, understanding, and agreeing with the terms and conditions set forth herein as a condition of securing a Hotel booking. These terms and conditions have been made available to the Guest IN ADVANCE of making a Hotel booking. The provisions are meaningful and enforceable and are NOT “BOILER PLATE” PROVISIONS. These terms and conditions have been made available to Guest PRIOR TO making a Hotel booking and PRIOR TO travel, thus ADVANCE NOTICE has been provided.

 


RESPONSIBILITY OF ANSE CHASTANET RESORT TOURS DEPARTMENT

Anse Chastanet Hotel (SYCUM) Limited hereby gives notice that all arrangement for transport, conveyance or carriage by plane, boat vehicle during their tours are made upon express condition that they may not be held liable by any person participating in the same for injury, loss, damage, sickness, accident, delaying or irregularity occasioned by reason of any defect in any vehicle, aircraft or boat or through the act of default of any servant or agent or any other person engaging in conveying the tour or otherwise in connection therewith nor for any loss, injury, delay, sickness or damage occasioned by such person or their property during their stay in any Hotel, Apartment, Guests House or Boat howsoever occasioned. The right is reserved to withdraw, with or without notice, any tour announced in this programme and to make such alterations in the itineraries as may be found desirable for the convenience of the parties and proper carrying out of tours. The right is also reserved to decline or accept or retain any person as a member of any party at any time. Baggage is at owner’s risk at all times. Anse Chastanet Hotel (SYCUM) Limited hereby further declares and gives you notice that:

  1. Any carriers (whether by land, sea or air), hotels, restaurants, or any person or companies (hereinafter called the Suppliers) providing services hereunder are independent contractors engaged by Anse Chastanet Hotel (SYCUM) Limited to provide certain services for your beneft and convenience.
  2. There exists no relationship of Master and Servant or agency between Anse Chastanet Hotel (SYCUM) Limited and Suppliers.
  3. The Suppliers are solely responsible for their acts and omissions and Anse Chastanet Hotel (SYCUM) Limited assumes no responsibility for such acts or omissions.The user of the services provided by the Suppliers ACKNOWLEDGES and ACCEPTS the relationship between Anse Chastanet Hotel (SYCUM) Limited and the suppliers above described and in consideration Anse Chastanet Hotel (SYCUM) Limited arranging the services to be provided by the Suppliers and the user HEREBY RELEASES AND DISCHARGES Anse Chastanet Hotel (SYCUM) Limited from all claims, demands, actions and or proceedings now or hereafter to become manifest in respect of loss and damage suffered by the user in the use of such services.

LOSS OR DAMAGE (Hotel Proprietors Act)

Under the hotel proprietors act a hotel proprietor may in certain circumstances be liable to make good any loss or damage to a guest’s property even though it was not due to any fault of the property or staff of the Hotel. This liability, however;

  1. extends only to the property of guests who have engaged sleeping accommodations at the Hotel.
  2. is limited to £750 for any one article and a total of £1,500 in the case of any one guests, except in the case of property which has been deposited or offered for deposit for safe custody, pending police investigation.
  3. does not cover motor cars or other vehicles of any kind or any property left in them or horses or other live animals. This notice does not constitute an admission either that the Act applies to this hotel or that liability thereunder attaches to the proprietor of this hotel in any particular case.