Definitions

  • Accommodation Charge means the fee to be paid for staying in a room at the Hotel.

  • Accommodation Contract means a contract for accommodation at the Hotel entered between the Hotel and the Guest.

  • Accommodation Coupon means the document produced by a travel agency that is approved by the Hotel and is proof that an Accommodation Contract has been agreed and entered into for and on behalf of the Hotel by and between the travel agency and the Guest.

  • Applicant means the person (individual or corporate entity) who applied to enter into an Accommodation Contract.

  • Consumption Tax means the applicable consumption tax as prescribed by the Consumption Tax Act of St. Vincent and the Grenadines

  • Guest means the person who enters into an Accommodation Contract with the Hotel.

  • Hotel means the Ballantyne Ltd. Trading as Stonetrail Villas and the buildings, furniture, equipment, furnishing and fittings of the hotels managed and/or operated by the Ballantyne Ltd.

  • Personal Information means the information belonging to an individual that is protected and governed by general practice of information security

  • Privacy Policy means the privacy policy of the Hotel that governs the use of the Personal Information, and which is prepared based on the Personal Information Protection Act

Scope of Application
Article 1
1. Accommodation Contracts and related agreements to be entered into between the Hotel and the Guest shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by laws and regulations and/or generally accepted practices.

2. In cases where the Hotel has entered into a special contract with the Guest, insofar as such special contract does not violate laws and regulations and/or generally accepted practices, notwithstanding the preceding paragraph, the special contract shall take precedence over the provisions of the Terms and Conditions herein.

Application for Accommodation Contracts
Article 2
1. A Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:

  • Name of the Guest(s)

  • Date of accommodation and estimated time of arrival

  • Accommodation Charges (based, in principle, on Exhibit, Table 1)

  • Name and contact information of the applicant of the Accommodation Contract

  • Name and contact information of the payer of the Accommodation Charges

  • Other particulars deemed necessary by the Hotel

2. In cases where the Guest requests, during his/her accommodation, an extension of accommodation beyond the date(s) in Subparagraph (2) of the preceding paragraph, the Hotel shall regard that the Guest has made a new application for another Accommodation Contract at the time and shall process the request as such.

Conclusion of Accommodation Contracts, etc.
Article 3

  1. The Accommodation Contact shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding article. The same shall not apply when the Hotel proves not to have accepted the application.

  2. When the Accommodation Contract has been concluded in accordance with the provisions of the preceding paragraph, the Guest is requested to pay an accommodation deposit specified by the Hotel, which shall not exceed the value of the total Accommodation Charges covering the Guest’s entire period of stay, by the date specified by the Hotel.

  3. The deposit shall be first used for the Total Accommodation Charges to be paid by the Guest, then secondly for the cancellation charges under Article 6 and thirdly for reparations under Article 18 as applicable, and the remainder, if any, shall be refunded at the time of the payment of the Accommodation Charges under Article 12.

  4. If the Guest fails to pay the deposit by the date as stipulated in Paragraph 2, the Hotel shall treat the Accommodation Contract as invalid, provided that the Hotel has informed the Guest of the specified due date of the deposit payment.

Special Contracts Requiring No Accommodation Deposit
Article 4

  1. Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Hotel may enter into a special contract requiring no accommodation deposit upon the Guest’s request after the Accommodation Contract is concluded.

  2. In cases where the Hotel does not request the payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or does not specify any date of the payment of the deposit when accepting the application for the Accommodation Contract, the Hotel shall be treated as having accepted the Guest’s request for a special contract as stipulated in the preceding paragraph.

Refusal of Accommodation Contracts
Article 5
1. The Hotel may refuse to accept an application for an Accommodation Contract under any of the following circumstances:

  • The application for accommodation does not comply with the Terms and Conditions hereof.

  • The Hotel is fully booked, and no room is available.

  • The Guest seeking accommodation is deemed to be likely to commit any act incompliant with laws or regulations, or against public order or morality, in respect to the accommodation.

  • The Guest seeking accommodation has committed any act significantly inconvenient to other guests being accommodated in the Hotel.

  • The Guest seeking accommodation has made unfair demand to the Hotel or employees thereof or demanded them to incur any unreasonable burden.

  • The Hotel is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes.

  • The Guest seeking accommodation is significantly drunk, or speaks and behaves in a significantly extraordinary way, and is deemed to be likely to cause any inconvenience to other guests in the Hotel.

  • The Guest seeking accommodation is clearly deemed to be infected with the contagious disease, etc.

2. The Hotel shall not conclude the Accommodation Contract under any of the following circumstances:

  • The Guest seeking accommodation is a member of organized crime group or involved with any organized crime-related groups or other anti-social forces.

  • The Guest seeking accommodation is involved with any entity or other group managed/ controlled by an organized crime group or a member thereof.

Right to Cancel Accommodation Contracts by Guest
Article 6

  1. The Guest may cancel the Accommodation Contract by so notifying the Hotel.

  2. In cases where the Guest has cancelled the whole or part of Accommodation Contract based on the causes for which the Guest is liable, the Guest shall pay cancellation charges as listed in Exhibit, Table 2.

  3. In cases where the Guest does not appear by 10 p.m. on the accommodation date (or 2 hours after the expected time of arrival if the Hotel has been notified of it) without advance notice, the Hotel may regard the Accommodation Contract as being canceled by the Guest.

Right to Cancel Accommodation Contract by Hotel
Article 7
1. The Hotel may cancel the Accommodation Contract under any of the following circumstances:

  • The Guest is deemed to be likely to commit any act incompliant with laws or regulations or against the public order or morality or found to have committed such an act.

  • The Guest has committed any act significantly inconvenient to other guests.

  • The Guest has made any unfair demand to the Hotel or employees thereof or demanded them to incur any unreasonable burden.

  • The Hotel is unable to provide accommodation due to force majeure such as natural calamities.

  • The Guest is deemed to be significantly drunk, speaks and behaves in a significantly extraordinary way, and be likely to cause any inconvenience to other guests.

  • The Guest is clearly deemed to be infected with any contagious diseases, etc.

  • The Guest does not observe bans under the house regulations established by the Hotel.

2. The Hotel shall cancel the Accommodation Contract under any of the following circumstances:

  • The Guest is a member of criminal organization group or involved with any criminal organization group, related group thereto, or other anti-social forces.

  • The Guest is involved with any entity or other group managed/controlled by a criminal organization group or a member thereof.

3. In cases where the Hotel cancels the Accommodation Contract in accordance with the preceding paragraphs, the Hotel shall not charge the Guest for any services not rendered.

Registration of Accommodation
Article 8
1. The Guest shall register the following particulars at the front counter of the Hotel on the day of accommodation:

  • Name, age, sex, address, and occupation of the Guest(s)

  • For foreign nationals, the nationality, passport number, point of entry in St.Vincent, and date of entry in St.Vincent

  • Date and planned time of departure

  • Other particulars deemed necessary by the Hotel

2. In cases where the Guest intends to pay his/her Accommodation Charges as provided in Article 12 by any means other than cash, such as credit cards, the Guest shall present them to the Hotel upon the above registration in advance of the payment.

Occupancy Hours of Guest Rooms
Article 9

  1. The Guest is entitled to occupy the contracted guest room of the Hotel from 2 p.m. on the day of registration to 11 a.m. on the next day. When the Guest stays in the Hotel for consecutive days, he/she may occupy the room all day long, except for the dates of arrival and departure. When the Guest uses the special accommodation plans, etc., a further limitation may be placed on the check-in and check-out times.

  2. Notwithstanding the provisions in the preceding paragraph, the Hotel may permit the Guest to occupy the room beyond the designated time above, provided that the Guest shall additionally pay the whole Accommodation Charges (set forth in Exhibit, Table 1).

Compliance with House Regulations
Article 10
The Guest shall observe the house regulations established by the Hotel which are posted in the premises of the Hotel.

Operating Hours
Article 11

  1. The Guest may refer to the brochures supplied and notices displayed at various places in the Hotel, and service directories in guest rooms, etc. for the details of the operating hours of facilities of the Hotel.

  2. The above operating hours may be changed when necessary for any unavoidable reason. In such a case, the Hotel will inform the Guest of the fact in appropriate means.

Payment of Accommodation Charges
Article 12

  1. The breakdown of the Accommodation Charges that the Guest shall pay and the way of payment thereof is listed in Exhibit, Table 1.

  2. The Guest shall pay the Accommodation Charge in the currency or other alternative payment means designated by the Hotel, such as Accommodation Coupons or credit cards, at the front counter, at the departure or when requested by the Hotel.

  3. The Guest shall pay the Accommodation Charges even when the Hotel has made the room available for use by the Guest, but the Guest has not used or stayed in it at his/her own discretion.

  4. In case of any accommodation plan including breakfast and dinner, or any other additional services, the Guest shall pay the Accommodation Charges even when the Guest has not had such meals or used such services at his/her own discretion.

Liabilities of Hotel
Article 13
The Hotel shall compensate the Guest for damages if it has caused such damages to the Guest in the fulfillment or the non fulfillment of the Accommodation Contract and/or related agreements, provided that the Hotel shall not be liable if such damages are not attributable to the Hotel. The Hotel has received the standard fire prevention qualification certificate from the local fire department.

Arrangement at Unavailability of Contracted Rooms
Article 14

  1. When the Hotel is unable to provide the Guest with the contracted room(s), it shall arrange, with the consent of the Guest, another accommodation of the same quality as the contracted room as practically as possible.

  2. When the arrangement of other accommodation cannot be made notwithstanding the provisions of the preceding paragraph, the Hotel shall pay the Guest a compensation fee equivalent to the cancellation charges, which will constitute the payment for damage, unless the Hotel is not attributed to such failure to provide a room to the Guest.

Liability of Hotel for Possessions of Guests
Article 15

  1. When any possession of the Guest is lost or destroyed while kept at the front counter, the Hotel shall compensate for such damage, except when such loss or destruction is caused by the force majeure or when the Guest hasn’t declared to the Hotel the kind and value of the possessions in the case where they are cash or valuables.

  2. In case of any loss or destruction of the possessions of the Guest that he/she has brought in the Hotel and has not left at the front counter, the Hotel shall not compensate for such damage, unless such damage, such as loss or destruction, is caused by the intent or fault of the Hotel. Even when the Hotel pays for such damage, it shall do so up to the value of $10,000 for those whose kind and value hasn’t been declared to the front counter. The Hotel shall not pay for any damage of the loss or destruction of cash and valuables the Guest hasn’t left at the front counter.

Custody of Baggage and/or Belongings
Article 16
1. When the baggage of the Guest is brought into the Hotel before his/her arrival, the Hotel shall be liable to keep it and to hand it over to the Guest at the front counter at the time of his/her check-in only if the Hotel has agreed to do so in advance.

  • When the baggage or belongings of the Guest are left unattended after he/she checks out the Hotel, the Hotel shall temporarily keep the baggage or belongings, and shall take the necessary measures in accordance with the relevant provision of Lost Goods Act.

  • The Hotel’s liability for the custody of the Guest’s baggage or belongings under each preceding paragraph hereof shall be assumed in accordance with the provisions of the preceding Article 1-1 for cases under the preceding Paragraph 1 hereof, and the provisions of the preceding Article 1-2 for cases under the preceding Paragraph 2 hereof.

Liability regarding Parking
Article 17
The Hotel shall not be liable for the custody of any vehicle belonging to the Guest when the Guest utilizes the parking lot in the Hotel, whether or not the key to the vehicle has been deposited with the Hotel.

Liability of Guest
Article 18
The Guest shall compensate the Hotel for any damage caused by his/her intention or faults.

Handling of Personal Information
Article 19
The Hotel shall properly handle the Personal Information provided by the Guest in accordance with the Privacy Policy.

Applicable Laws
Article 20
The Accommodation Contract concluded between the Hotel and Guest shall be in accordance with the laws of St.Vincent and the Grenadines shall be the exclusive jurisdiction over any lawsuit in connection with the Accommodation Contract.

Revision of Terms and Conditions
Article 21

This Terms and Conditions may be revised, as necessary.

Exhibit

Table 1: Breakdown of Accommodation Charges (Article 2-1 and Article 12-1)

Terms and Conditions

Terms and Conditions