Terms & Conditions

DEFINITIONS OF PARTIES ISLAND RENTALS AND CELEBRATION WEEKS

In these terms and conditions:

The ‘Company’ shall mean Necker Island (BVI) Limited, a corporation organized under the laws of The British Virgin Islands.

‘We’ shall mean the Company.

The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name

and each person listed within the booking as a travelling companion.

‘You’ shall mean the Client.

‘Necker’ shall mean Necker Island (BVI) Limited.

In these conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

 

 

1. BOOKINGS

A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under ‘Payments, Cancellations and Amendments’.

The Lead Booking Name on paying the deposit warrants to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

 

 

2. PAYMENT AND CONFIRMATION FOR ISLAND RENTALS

Bookings will be confirmed upon receipt of a 20% non-refundable accommodation deposit.

A further non-refundable 40% payment is due 9 months prior to arrival and we will remind you when this is due. A final non-refundable 40% payment plus the 2.5% service charge is due 3 months prior to arrival and we will remind you when this is due. Please remember to update us if your contact details change.

Please note that if a payment is not received on time we reserve the right to release your reservation, regardless of any payment already received. How you go about paying for your booking depends on where you are making your reservation and your reservations office will provide full details when they send you your invoice. Credit card payments are possible at some locations and a 2% fee will be applied. The rates are published in US Dollars. If paying in a different currency, an exchange rate will be agreed at the time of paying the deposit, and this rate will generally apply to future deposits. This can be renegotiated by both parties in cases of extreme currency fluctuations.

 

 

3. PAYMENT AND CONFIRMATION FOR CELEBRATION WEEKS

Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit.

The final non-refundable 70% payment plus the 2.5% service charge is due 3 months prior to arrival and we will remind you when this is due. Please remember to update us if your contact details change.

Please note that if a payment is not received on time we reserve the right to release your reservation, regardless of any payment already received.

How you go about paying for your booking depends on where you are making your reservation and your reservations office will provide full details when they send you your invoice. Credit card payments are possible at some locations and a 2% fee will be applied.

The rates are published in US Dollars. If paying in a different currency an exchange rate will be agreed at the time of paying the deposit, and this rate will apply to future payments. This can be renegotiated by both parties in cases of extreme currency fluctuations.

 

 

4. CANCELLATION FOR ISLAND RENTALS AND CELEBRATION WEEKS

As with any travel, we strongly recommend that you purchase travel insurance that gives you full cancellation cover. One of our reservations offices can give you advice if you are not sure where to purchase this.

We must receive all cancellations in writing to avoid any errors! This can be done by e-mail, letter or fax.

We will then confirm the cancellation back to you in writing and give you a cancellation number. We can also provide letters proving that you lost deposits in order to help you with any travel insurance claims. We will make every effort to contact you prior to taking this course of action and will remind you of payments due.

All deposits are non-refundable; you will be refunded the 2.5% service charge if this has been paid.

There may also be cancellation fees levied by third parties such as airline or transfer operators so we will advise you of these at the time.

Please note that clients are liable for any payments outstanding on the date the cancellation is received.

 

 

5. CHANGES TO THE DATE OR NATURE OF A BOOKING

These situations are dealt with on a case by case basis and are at the sole discretion of the Board of Directors. All deposits are nonrefundable.

Once the booking is confirmed a decrease in guest numbers will not result in a rate reduction. You can increase guest numbers at any time however an additional cost may apply.

 

 

6. FORCE MAJEURE

We act on the advice given by our government and the government of your home country. If flights are grounded because of war, terrorism or hurricane, or you are advised by your government that it is unsafe to travel, and then we will do all we can to make it easy for you to postpone your holiday to a future date.

We will never impose any cancellation penalties for accommodation cancelled at Necker Island if government advice means that you can’t travel. If you are forced to leave Necker Island early due to hurricane, tornado or other severe weather conditions then we will do all we can to offer the best alternative dates equivalent to the number of days lost, at a future time. Please contact one of our reservations offices if you have any concerns about travelling due to war, terrorism or severe weather.

 

 

7. CHANGES AND CANCELLATION BY THE COMPANY

The Company reserves the right to alter or cancel the whole or part of the booking.

The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms apply depending on whether the proposed changes are minor or substantial.

 

i. If the proposed changes are minor, the Company will make alternative, comparable arrangements at no cost to the client, who will accept such alternative arrangements.

ii. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements.

iii. If no such alternative arrangements are offered, of the Client does not accept any such offered alternative arrangements, then the Client may reject the Booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking.

 

T E R M S  A N D  C O N D I T I O N S

iv. If the Client rejects the Booking, all monies paid by the Client by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the Booking if the change or cancellation results from any of the force Majeure events set out under ‘Liability of the Company’.

v. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. The Company’s liability in the event of a cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation the Company reserves the right to cancel the

service or the services it is contractually obligated to provide to the Client and require the Client to leave Necker Island immediately if the Company reasonably considers that the Client’s behaviour at Necker Island has (or will) cause loss, damage or harm to Necker Island or any part of it or is objectionable to other guests the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify the Company (for itself and on behalf of its agents and employees) against any loss, damage or harm.

 

 

 

8. LIABILITY OF THE COMPANY

i. We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure.

If any part of your accommodation is not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. Subject to the paragraph below, our liability in all cases shall be limited to a maximum of three times the cost of your travel arrangements.

ii. We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay you such damages as might have been awarded under such circumstances under English Law.

iii. For the avoidance of doubt the Company will not be liable for loss or injury outside its control suffered by the Client. You must obtain suitable insurance to cover this. The Company shall not be obligated to make any payments on those circumstances other than the repayments referred to in the terms and conditions above.

 

 

9. GOVERNING LAW

The contract between the Company and the Client shall be governed and construed in all respects according to English Law and shall the subject to the exclusive jurisdiction of the courts of the British Virgin Islands , save that the Company shall be entitled to enforce the contract against the Client in the courts of England or in the courts of any other country in which the Client is resident, domiciled or has a place of business.

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