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These general booking terms and conditions apply to Hilton Worldwide Resorts' Resort Package bookings at participating Hilton Family of Hotels' resort locations from January 01, 2008 through December 31, 2008. These booking conditions apply to all bookings made by residents of the EU. Customers who are not EU residents must visit our website for the terms which apply to their booking. The number of rooms available at these rates are limited; advance booking required at a minimum of 7 days in advance; subject to availability; full credit card deposit required at time of booking; non-refundable; non-changeable. The Hilton Worldwide Resorts packages available are golf, diving, spa, romance, family and ski packages. Each package requires a minimum 3 night stay and each package contains activity elements appropriate to it. The activity elements vary by resort. Please visit our website for full details or check with the resort at time of booking. Some amenities or services may require advance reservations and are subject to availability. Features of the Hilton Worldwide Resorts' Resort Packages are appropriate to adult guests and as such do not apply to children (anyone 18 and younger) unless indicated. Participating resorts, rates and day of week offered are subject to change without notice. Rates vary by resort, day of week, and date and do not include resort/service fees, gratuities or incidentals. These rates at Hilton participating resorts do not include taxes unless indicated and such taxes remain the responsibility of the guest. Rate, taxes, applicable dates, advance booking, advance deposit, credit guarantee, reservation cancellation, and early departure fee policies may vary by resort; please inquire at time of reservation. Rates are quoted in US Dollars ($) but may be payable in the currency of the country where stay occurs, and may vary due to fluctuating conversion rates at time of stay. Not valid for use during convention or meeting dates. Offers can not be combined with other promotional offers, award stays, meeting/group stays. Some blackout dates may apply. These package rates require minimum length of stay to be able to take advantage of all package inclusions; failure to meet minimum length of stay requirements may cause forfeiture of promised benefits. Earlier departure may result in payment of an early departure fee or payment of the lowest non-bargain rate at certain locations. In the US, kids 18 and under stay free in parents' or grandparents' room subject to local fire and safety regulations; children's age qualifications vary outside the US. Hilton HHonors® membership earning of Points and Miles® and redemption of points are subject to HHonors Terms and Conditions. HHonors points are only earned when booking occurs through Hilton Family booking channels. Other restrictions may apply. The following Booking Conditions apply to bookings made for stays at all resort locations, other than those located in the USA, Canada and Mexico. The Booking Conditions will prevail in the event of any inconsistency between the General Terms and Conditions and the Booking Conditions. Booking Conditions: These Booking Conditions together with any other information brought to your attention before you booked your package, form the basis of your contract with Hilton International (hereafter "Hilton"). Please read them carefully as they set out our respective rights and obligations and all bookings are accepted by Hilton subject to these Booking Conditions which apply to all Hilton Worldwide Resorts' Resort Packages booked between January 01, 2008 and December 31, 2008 inclusive. In these Booking Conditions references to "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made. "Hilton", or "we" or "us" means, as the context permits, Hilton International, Maple Court, Central Park, Reeds Crescent, Watford, Hertfordshire, WD24 4QQ, England. 1. Booking and Paying For Your Holiday All bookings must be made at least 7 days in advance of your stay and must be either: (i) for accommodation for 3 nights or more but less than 7 nights; or (ii) for accommodation for 7 nights or longer. No contract is made between us and you and no booking is valid (and accordingly we shall have no obligations to you) until we have issued a confirmation invoice. This confirmation invoice will be issued by us (if we accept your booking) only after we have received your credit card details and will be sent to you by e-mail, fax or post as requested by you. In the case of bookings made on-line, all confirmation invoices will be sent by e-mail only. Payment in full will be taken by the hotel either upon arrival at your hotel or at the end of your stay; please check upon booking. Please note, save where expressly included as part of a package: expenses incurred at your hotel, including (but not limited to) use of mini-bar, room service, meals, external telephone calls, car parking etc. are not included in the price and will be automatically added to your bill at the hotel. 2. Pricing and accuracy We endeavor to ensure that all the information and prices are accurate both on our website and in our brochures, however occasionally minor errors occur or alterations are necessary. We reserve the right to amend any of the prices, services or other particulars published on the website or contained in our brochures at any time before we enter into a contract with you. The price of your booking was calculated using the exchange rates as published in the Financial Times on 5th March 2007. £1 = Euro 1.48 / US $1.94. We reserve the right to impose surcharges to cover increases in, but not limited to, the following: government action, currency exchange rates, transportation costs or local taxes. In all cases we will absorb an amount equivalent to 2% of the invoice price (excluding insurance premiums and amendment charges). Only amounts in excess of the 2% will be passed to you and should this figure exceed 10% of the invoice price (excluding insurance premiums and amendment charges) you will be entitled to cancel the booking and receive a full refund of all monies paid (excluding insurance premiums and amendment charges). If you choose to cancel in these circumstances, you must do so within 14 days of the issue date on the surcharge invoice. We will not impose any surcharge within 14 days of departure. 3. Your Contract with Us A binding contract between you and us comes into existence when we send out your confirmation invoice. It is only then that a contract exists between you and us. We reserve the right to make changes to the details contained in the Hilton Worldwide Resorts brochure before a contract is entered into. Any such changes will be communicated to you before a binding contract is concluded. 4. Changes by You If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing 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. 5. Cancellation by You If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices at Hilton International, Maple Court, Central Park, Reeds Crescent, Watford, Hertfordshire, WD24 4QQ. We recommend that you use recorded delivery. Please be aware that you may be liable for a cancellation fee if you cancel your booking. Cancellation policies vary from resort to resort. Please check the policy for your resort at the time of your booking. 6. Changes and/or Cancellation by Us It is unlikely that we will have to make changes to your booking arrangements but occasionally we will have to make changes both before and after bookings have been confirmed and/or cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we reserve the right to do so at any time. Occasionally we have to make a "significant change" by which we mean a change of hotel to that of a lower standard for the whole or a major part of the time you are away. If a "significant change" or cancellation of your booking becomes necessary, we will inform you as soon as is reasonably possible before departure. All other changes, including any change to a resort activity (see clause 10) are treated as "minor" in which case we shall have absolute discretion as to whether you are notified. If we have to make a significant change or cancel your booking, and provided that there is time to do so before departure, we will offer you 3 options:
You must notify us of your choice within 7 days of our offer of the alternative booking arrangements. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements. The above options are not available where any change is a minor one or where the changes or cancellation by us arises out of alterations to the confirmed booking requested by you. In addition, if we make a significant change or cancel your booking within 8 weeks before the date of departure we will pay you compensation in accordance with the scale and provisions set out below subject to the following exception: no compensation can be paid and no liability beyond offering you the above options (where applicable) can be accepted where we are forced to make a change or cancellation as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances may include, but are not limited to, those listed under "force majeure" at clause 7 below.
If it is necessary for us to make a minor change in respect of your resort activity (see clause 10) we will offer you an alternative resort activity up to an equal value of the original resort activity offered. The alternative resort activity offered will be in our absolute discretion. The above sets out the maximum extent of our liability under this clause and we regret we cannot meet any expenses or losses you may incur as a result of inconvenience suffered. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you. Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate. 7. Force Majeure We cannot accept liability or pay compensation where the performance and/or prompt performance of our contractual obligations to you is prevented by or affected by "force majeure". In these Booking Conditions "force majeure" means any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include (but are not limited to) war or threat of war, civil strife, riot, industrial dispute, terrorist activity, natural, nuclear, chemical or biological disaster, fire, adverse weather conditions, and all similar events outside our control. 8. Our Obligations to You: (1) Subject to paragraphs 8 (4) and 8 (5), we accept responsibility if any of the services which we contract to provide are deficient or not of a reasonable standard. Subject to all of these Booking Conditions, we will accept responsibility should you or any member of your party suffer death, personal injury, illness or other loss or damage which you can prove results from any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, sub-contractors or suppliers (providing they were at the time carrying out work authorized by us) except in the following situations. We will not be liable where any failure to perform or improper performance of the whole or any part of our contract was due to: (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or (d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled. (2) We limit the maximum amount we may have to pay you and your party for any and all claims or parts of claims which do not involve personal injury, illness or death caused by our negligence. Except where loss of and/or damage to luggage or personal possessions is concerned, the maximum amount we will have to pay you or your party for such claims if we are found liable to you or any member of your party on any basis is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party have not received any benefit at all from your booking. Where we are found liable for loss of and/or damage to any luggage or personal possessions including money), the maximum amount we will have to pay you and your party is £25 per person in total. We strongly recommend that you and your party take out adequate travel insurance for your particular needs whilst on vacation and for the purpose of these Booking Conditions you and your party are assumed to have done so. (3) It is a condition of our acceptance of liability set out under clause 8(2) that you notify any claim to ourselves and our supplier(s) strictly in accordance with the procedure set out in clause 14 "Complaints". Further, where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. (4) Very rarely we may be forced by "force majeure" (see clause 7) to change or terminate your confirmed arrangements after departure but before the end of your scheduled time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which: (a) on the basis of the information given to us by you concerning your booking prior to us accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(5) 'Add on' resort activities, whether within the hotel premises or at another location, are supplied by independent suppliers or concessionaires and our only responsibility is to book the activity. We accept no responsibility or liability for the operation of the activity itself. See also clause 10. (6) The services and facilities included in your package will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs. 9. Assistance in the event of injury, illness or death If you or any member of your party suffers illness, injury or death arising during your contracted package arrangements we will, subject to our absolute discretion, advise and provide you and/or your party with reasonable advice and assistance. 10. What Is Included 11. 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. You should then confirm your requests in writing. 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. We regret that we cannot accept any conditional bookings (i.e. any booking which is specified to be conditional on the fulfilment of a particular request). All such bookings will be treated as standard bookings subject to the above provision on special requests. 11. General Information Cots: Cots are available on request which should be done at the time of booking. Any additional charges for cot hire should be paid directly to the hotel. As types of cot vary considerably and may not conform to British or your local safety standards, parents must satisfy themselves that the cot supplied meets their requirements. Please note that the inclusion of a cot in your room may restrict space. Car Parking: You should check the cost of the hotel car park when you book. Some hotels have a limited number of spaces. Parking is at your own risk and we cannot accept any responsibility for loss or damage to vehicles and/or their contents. Swimming Pools: The opening of swimming pools is entirely at the discretion of the manager of the hotel and may be subject to demand and/or weather conditions. Theft/Loss of Property: All hotels have a safe in which you may place your personal valuables and belongings. You should ask reception for details upon arrival. We are unable to accept any responsibility for theft or loss of your personal belongings during your stay. Entertainment: In some hotels evening entertainment will be provided at certain times. Please check for details at the time of booking. All hotels reserve the right to cancel or change any entertainment entirely at their discretion and we cannot accept any responsibility if at any time entertainment is not provided, although we will endeavor to inform you in advance. Check In and Out Times: Early check in and pre-registration together with late check out will be available upon request in most hotels. This should be requested at the time of booking. In some hotels an early departure fee program operates. This means that if you depart 1 or more days earlier than your booking an additional fee may be charged by the hotel and any unused package benefits will be forfeited. Local Safety Standards and Personal Security: Please see the information in clause 8 regarding the local safety standards which will apply to your booking. On arrival you should familiarize yourself with the layout and emergency escape routes. If you have any questions about safety at your hotel, staff will be pleased to help you. You need to consider your own personal safety when away from home especially when staying in a foreign city. It is advisable to identify if there are any areas which are best to avoid, particularly at night. It is also advisable to be discreet with wallets, purses, jewelry, expensive camera equipment etc. Water/Electricity Supplies: Some of our hotels are located in destinations where the infrastructure is unable to meet the demands for water and electricity at all times. Limited rainfall can put further pressure on their provision. Hotels do everything possible to maintain full services at all times. However, occasional power cuts and/or water restrictions may be experienced. Building and Development Work: Although you may be on vacation, life will be going on around you as normal. This may include noise and inconvenience from building or roadworks and traffic. From time to time general refurbishment at hotels is necessary to maintain standards. We will notify you of any building/refurbishment works which may reasonably be considered to seriously impair the enjoyment of your stay which we are informed about as soon as possible. We will also give you the choice of accepting a different package of a comparable standard (where available), booking another package from us (please note that the price may differ from your original booking) or cancelling your booking in accordance with clause 6. Please note public services and facilities may also be affected by maintenance, bad weather and so on, all of which are beyond our control. We recommend you contact the local tourist information office at your destination for the latest details. Medical Problems: If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before you confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible. Public Holidays Abroad: Any information we give you about public holidays or special events is given in good faith. If dates or other details change or are wrong we will do our best to help, but we cannot accept responsibility. Please note that banks, shops, museums, restaurants and tourist attractions may close or have limited opening times on public holidays. We accept no responsibility for these closures. Emergency Contact: In the event that you have a problem during your stay you should contact your hotel manager who will endeavor to assist. Passports and Visas It is your responsibility to be in possession of a valid passport and any necessary visas or health documents. You should contact your Embassy for information and advice on the passport and visa requirements of the countries you propose to visit. We also cannot accept liability or consider refunds for clients who cannot travel because of incomplete or incorrect documentation. Data Protection: For full details, please refer to the privacy policy on our website. 12. Outside Activities The Hilton Worldwide Resorts brochure refers to activities, services, venues or places of interest which are available within the vicinity of but outside our hotels (hereafter referred to as "outside activities"). The outside activities are not run by or in any way controlled or endorsed by us and unless they are also resort activities they do not form any part of your contract with us even where we suggest an outside activity, and/or assist you in booking outside activities in any way. We cannot accept any liability whatsoever for: (1) any illness, injury or death suffered at or as a consequence of any outside activity; (2) any failure to provide services of a suitable standard or quality; or (3) any other complaints whatsoever. 13. Complaints We make every effort to ensure that your booking arrangements go smoothly. Most problems can be sorted out straight away but we cannot resolve a problem until we know about it. If you have a complaint you must immediately inform a member of the hotel management staff or the representative of the supplier of the service(s) in question giving all relevant details. Failure to do so will affect our ability to investigate your complaint, and will affect your rights under this contract. Any verbal notification must be put in writing and given to the hotel or supplier as soon as possible. If the problem cannot be resolved and you wish to complain you must send formal written notice of your complaint by registered post within 28 days of the end of your stay at the hotel concerned. All such complaints should include all relevant information together with your booking reference and should be sent to: Guest Relations Department, Hilton International, Maple Court, Central Park, Reeds Crescent, Watford, Hertfordshire WD24 4QQ, England, UK. We regret we cannot accept liability for any claims which are not notified to ourselves and/or our suppliers strictly in accordance with this clause. If a complaint cannot be amicably settled, it may alternatively be referred for resolution to the arbitration scheme devised for the travel industry by the Chartered Institute of Arbitrators. Please see clause 16 below. 14. Guest Behaviour All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. 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 termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us. 15. Arbitration Disputes arising out of, or in connection with, this contract which cannot be settled amicably may be referred for resolution by arbitration under a special scheme devised for the travel industry by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the costs you may have to pay. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form. Where a claim includes in part a claim for personal injury or illness a limit of £1,000 per person applies to that part of the claim. The scheme does not apply to claims that are solely in respect of personal injury or illness. The rules of the scheme provide that application must be made for arbitration and sent together with a Statement of Claim to the Chartered Institute of Arbitrators within 9 months of completion of your return from the stay contracted for or of the events giving rise to the dispute, whichever is the later. The scheme provides a right for either party to have the arbitrator's decision reviewed. 16. Jurisdiction These Booking Conditions and any contract to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only (if not referred to Arbitration under clause 16 above). © 2007 Hilton International Co. © 2008 Hilton International Co. |