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Terms and Conditions

GENERAL:
These Terms and Conditions ("Terms"), including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services on www.oneandonlyresorts.com website (the "Site"), owned and operated by Kerzner International Resorts, Inc. on behalf of its affiliated companies, including One & Only Resorts Limited and its affiliated One&Only resorts including (collectively "One & Only", "us" or "we"). These Terms (which also incorporate our Privacy Policy are a legally binding agreement between you and One & Only and govern your use of this Site as well as all accommodations, transportation, services and activities included in the Resort stays described on our Site ("Services"). BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY. We may make changes to these Terms from time to time in our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the home page. Please check them regularly to take notice of any changes. If you have made a booking, we will provide you with an updated copy of the Terms on your arrival at the Resort. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. These Terms do not in any way alter the terms or conditions of any other agreement you may have with us, our subsidiaries or affiliates.

OUR PRIVACY POLICY:
The information that we obtain through your use of our Site, whether through the reservation process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains the provisions that govern our collection, use and disclosure of the information you provide to us, including our respective rights relative to that information. By using our Site and/or providing us with your personal information, you consent to such processing. Our Privacy Policy is incorporated into and subject to these Terms. Please review our Privacy Policy before you use our Site and/or Services. If you are unwilling to accept the provisions of our Privacy Policy, please do not use our Site and/or Services. Any communication or information transmitted by you to us by electronic mail or otherwise will be treated as non-proprietary and non-confidential, except where stated otherwise.

TRAVEL AGENTS - PASSWORDS AND SECURITY:
A travel agent account is required to access certain portions of the Site and/or Services and may be accessed and used only by those authorized persons who are registered with us. To open a travel agent account, you must be a travel agent and complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. In registering for such services, you agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right, but not the obligation, to suspend or terminate your access to the Site and/or use of the Services and/or seek updated information from you. You are solely responsible for any and all activities that occur under your travel agent account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized access to your account by others.

GUARANTEE POLICY:
A valid credit card is required at the time of booking to receive a guaranteed reservation confirmation. For guaranteed reservations, rooms are held until the Resort check-out time the day following arrival.

CANCELLATION, AMENDMENT AND DEPOSIT TERMS
(Excluding Festive Season 20 December 2014 – 04 January 2015 inclusive)

CANCELLATION AND AMENDMENT POLICY (EXCLUDING FESTIVE SEASON)
FIT cancellations and/or amendments will incur the following charges (excluding Festive Season 20 December 2014 – 04 January 2015 inclusive):
  • Prior to 14 days from arrival date - no cancellation fee will apply
  • Within 14 days prior to arrival - cancellation fee will be 100% of full stay
BEACH VILLA, BEACH HOUSE & PENTHOUSE CANCELLATION AND AMENDMENT POLICY (EXCLUDING FESTIVE SEASON)
FIT cancellations and/or amendments for Beach Villas, Beach House or Penthouses will incur the following charges (excluding Festive Season 20 December 2014 – 04 January 2015 inclusive):
  • Prior to 30 days from arrival date - no cancellation fee will apply
  • Within 30 days prior to arrival - cancellation fee will be 100% of full stay
ROOM AND RATE AMENDMENT POLICY
FIT downgrade amendments to a room category will incur the following charges (excluding Festive Season 20 December 2014 – 04 January 2015 inclusive):
  • Prior to 14 days from arrival date - no amendment fee will apply
  • Within 14 days prior to arrival - cancellation fee will be 100% of difference between room categories
FESTIVE SEASON CANCELLATION, AMENDMENT AND DEPOSIT TERMS
(20 December 2014 – 04 January 2015 inclusive)

FESTIVE SEASON CANCELLATION, AMENDMENT, DEPOSIT AND MATERIALISATION POLICY
The following Booking Deposit, Booking Amendment and Booking Cancellation terms apply during Festive Season period being 20 December 2014 – 04 January 2015 inclusive.
20 December 2014 - 04 January 2015 inclusive
  • Booking Deposit - One nights’ accommodation deposit commitment is required at time of booking. This one-night deposit is non-refundable 14 days after booking date.
  • Final Payment – prepayment for the remainder of accommodation charges is required 60 days prior to arrival (or by 01 November 2014 latest whichever is the earlier).
  • Cancellations or amendments received 61 days prior to arrival – the one night deposit will be incurred as a cancellation fee.
  • Cancellations or amendments from 60 days prior to arrival – 100% of full stay cancellation fees apply.
Please note: Accommodation Booking is not confirmed until the above is received.
SPECIAL NOTE - NEW YEAR’S EVE CELEBRATION
Please note a compulsory New Year’s Eve supplement per person will be applied to all bookings when staying overnight on 31 December 2014. This supplement is for New Year’s Eve Dinner. Rates for this event are currently being finalised and will be advised shortly.

PAYMENT INFORMATION:
Prices are quoted in Australian dollars and are inclusive of a 10% Goods and Services Tax. One&Only Hayman Island accepts cash, travellers cheques and all major credit cards including American Express, Diners, Visa, MasterCard, JCB and China Union Pay.

One&Only Hayman Island applies a 1.5% surcharge for all credit card transactions(excluding online booking). EFTPOS facilities are available however limits apply. If paying by credit card you may be asked to provide an identification number called a CVV, CSC or a CID.

One&Only Hayman Island offers and accepts gift certificates in denominations up to A$100,000. One&Only Hayman Island does not accept personal or business cheques unless approved prior to arrival.

NO SHOWS:
In the event of a no-show (i.e. if you neither use nor cancel your reservation), a fee equivalent to the value of the entire stay will be levied.

TRIPLE SUPPLEMENT AND CHILDREN’S RATES CONDITIONALITY:
  • Children aged up to and including 4 years of age sharing a room with adults is complimentary.
  • Children 5-12 years sharing room with 2 adults or requiring a single sofa bed arrangement will be charged third person children’s supplement.
  • Maximum of one single sofa bed OR one cot in room.
  • Retreat Rooms have an inbuilt day bed, which is suitable for a child (up to age 4 years).
    No cot or extra bed permitted in Retreat Rooms.
  • Beach House can only accommodate one cot – no rollaway/portable beds.
  • Meals for children up to the age of 12 years are available from Children’s Menu.
RESERVATIONS:
Please direct all reservations, amendments and cancellations to the One&Only Hayman Island Reservations team on:
  • Toll Free (Australia only) 1800 075 175
  • Outside Australia 61 (7) 4940 1838
  • Within USA + 866 552 0001
  • Facsimile 61 (7) 4940 1858
  • Email reservations@hayman.com.au
TOUR GROUPS, CONFERENCES AND INCENTIVES:
For tour group, conference and incentive group reservations of 10 rooms or more separate rates may apply. Please contact One&Only Hayman Island Meetings and Events on email event@hayman.com.au or facsimile +61 (2) 8272 7010.

ALLOTMENT AND BLOCK OUT DATES:
One&Only Hayman Island reserves the right to withdraw allotment over various dates due to large groups, sole use bookings and other business requirements which may occur. Please be advised as much notice as possible will be provided.

HONEYMOON BOOKINGS:
Honeymoon guests may receive a courtesy welcome amenity in their room (at the discretion of management). Please ensure that honeymoon guests are clearly specified on the booking.

CHECK-IN TIME:
One&Only Hayman Island is pleased to confirm access to guest rooms from 2.00pm (14:00hrs) or earlier strictly subject to availability. For guaranteed earlier access to guest rooms, pre-registration of 75% of full contract rate is required, strictly subject to availability.

CHECK-OUT TIME:
Rooms are required to be vacated by 12.00pm midday. Late check-out fees may apply for check-out after 12.00pm midday

GOODS AND SERVICES TAX (GST):
Government regulations state that all Retail Selling Prices must be displayed GST inclusive. Rates within this agreement are inclusive of a 10% Goods and Services Tax (GST). Should any additional Federal, State or Local Government taxes be introduced, or should a change be made to GST, this will apply to all rates.

OF OUR SITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:
The contents of our Site are intended for the personal use of users of this Site. All right, title, and interest to the content contained in our Site, including but not limited to the Site's look and feel, data, information, databases, text, graphics, images, sound or video materials, photographs, designs, logos, names, trademarks, service marks, trade names, URLs, computer codes, and content provided by third parties ("Materials"), are owned by us or our licensors, and are protected by copyright, database, trademark, patent or other intellectual property rights and laws. You must not:
  • use any Materials in any way other than is incidental to your use of our Site in accordance with these Terms;
  • except as expressly authorized by us, copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license or reverse engineer any Materials or create derivative works based on the Site or any Materials (including, without limitation, any software) available through the Site;
  • set links to our Site without our prior permission; or use our trademarks, logos or other proprietary graphics to link to this Site, or frame the Materials, without prior written permission.
You may print off one copy, and may download extracts, of any page(s) from this Site for your own personal use only, provided you keep intact all and any copyright and proprietary notices. Any other use of the contents of this Site is not allowed, unless we have provided you with out prior written permission. Except as expressly provided in these Terms , nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.

YOU AGREE NOT TO USE OUR SITE TO:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device or manual process to monitor or copy any information or content contained in the Site without our prior express written permission; Systematically retrieve data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Attempt any unauthorized access to or interference with any part or component of the Site or any software used in the provision of our Site; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; To cause the whole or part of the Site to be interrupted, damages rendered less efficient or to impair the effectiveness or functionality of the Site in any way If we believe that anyone has violated this provision or any other provision of these Terms or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person. We also reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the Site. We will not be liable to you or any third party for termination or suspension of the Site.

LINKS TO OTHER WEBSITES:
Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:
Your dealings with advertisers and third party vendors found on our Site or through our Services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services which may be obtained from such third parties or any third party website you may access, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.

COMPLIANCE WITH LAWS:
You agree to comply with all applicable laws regarding your use of our Site.

MODIFICATION TO OUR SERVICES:
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our Site and/or Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our Services.

INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES: BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW:
  • YOUR USE OF OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK; WHILST WE TAKE ALL REASONABLE CARE IN THE CREATION, SELECTION AND ASSEMBLY OF THE MATERIAL ON OUR SITE AND AS PART OF OUR SERVICES, OUR SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
  • WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS; AND
  • THAT ANY MATERIAL OBTAINED BY YOU THROUGH USE OF OUR SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM OBTAINING THE MATERIAL.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE AND/OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:
You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents immediately on demand harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your breach of these Terms, (b) the infringement by you of any intellectual property or other right of any person or entity, or (c) any other liabilities arising out of your use of this Site.

LIMITATION OF ACTIONS BROUGHT AGAINST US:
You agree that any claim or cause of action arising out of your use of our Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. If any provision of these Terms is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

ASSIGNMENT:
We may assign our rights and obligations under these Terms, and upon such assignment we shall be relieved of any further obligation hereunder. If you have any questions, please contact us here: reservations@hayman.com.au
Effective Date: September 1, 2013
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