Small Print

Lettings of Mount Hartman Bay Estate are handled by Mount Hartman Bay Estate (Trading) Limited as principal acting under licence granted to it by the holding company Mount Hartman Bay Estate Limited which owns the property. Such holding company is not the letting company and does not act as principal for the trading company.

Definitions & Parties shall have the following meanings:

The ‘Company’ shall mean Mount Hartman Bay Estate (Trading) Limited, a company registered in Grenada

‘We’ shall mean the Company.

The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person (adult and child) listed within the booking as a travelling companion.

‘You’ shall mean the Client.

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

Bookings:
a contract will only be constituted between the Company and the Client once the Company receives the required 25% deposit, either from, or on behalf of, the Lead Booking Name. By paying the deposit, the Lead Booking Name warrants to the Company that he accepts these Terms and Conditions on behalf of himself and each of his travelling companions. The full balance is due before arrival and we will remind you when this is due. Please remember to update us if your contact details change.

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 payments in respect of that booking. The exchange rate can be negotiated by both parties in cases of extreme currency fluctuations.

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. We will make every effort to contact you prior to taking this course of action and will remind you of payments due.

Arrival and departure:
Mount Hartman Bay Estate is available for occupation from 3pm on the day of arrival and must be vacated by 11am on the day of departure. If the Client does arrive early and with the agreement of Mount Hartman Bay Estate (Trading) Limited takes up occupation before 3pm it does so entirely at its own risk without guarantee of readiness of the property and no liability can be accepted for loss or damage to items left at the property.

Breakages:
the Client is responsible for any damage or breakages (which are not in the reasonable opinion of the Company minor) which should be reported during the period of the Client’s stay. Such losses and damages will be billed to the Client.

Cancellations:
as with any travel, we strongly recommend that you purchase travel insurance that gives you full cancellation cover. All cancellations must be in writing to avoid errors. You can do this by e-mail, letter or facsimile. We will then confirm the cancellation back to you in writing. Cancellations more than 30 days prior to the date of arrival will be refunded in full, less 10% handling fee. There will be no refunds for cancellations after that date. Early checkout will be treated as a concellation. We can also provide letters proving that you lost deposits in order to help you with any travel insurance claims. There may also be cancellation fees levied by third parties such as airline or transfer operators. Please note that clients are liable for any payments outstanding on the date the cancellation is received.

Force Majeure:
we act on the advice given by HMUK government, the Grenadian government and the government of your home country. If flights are grounded because of war, terrorism or hurricane, or any of the above governments advises you that it is unsafe to travel, then we will use our best endeavours to postpone your holiday to a future date. If you are forced to leave Mount Hartman Bay Estate early due to hurricane, tornado or other severe weather conditions then we will use our best endeavours to offer alternative dates, equivalent to the number of days lost, at a future time. Our liability does not extend to new flights although your travel insurance may cover these.

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. 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. 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. If no such alternative arrangements are offered, or 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. If the Client rejects the Booking, all monies paid by the Client up to the date of cancellation, will be repaid, less the Company’s reasonable expenses in respect of the Booking.

Marketing information:

all of the details given in the Company’s promotional materials and on its website are given in good faith and are believed to be correct but their accuracy is not guaranteed.

Liability of the Company:

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 obliged to provide to the Client and require the Client to leave Mount Hartman Bay Estate immediately, if the Company reasonably considers that the Client’s behaviour at Mount Hartman Bay Estate has (or will) cause loss, damage or harm to Mount Hartman Bay Estate or any part of it or is causing any annoyance or becoming a nuisance to other guests of the Mount Hartman Bay Estate and/or to occupants of adjoining properties. In such circumstances, the Company shall not be obliged to make any refund of monies to the Client.

The employees officers agents or servants of Mount Hartman Bay Estate Limited and Mount Hartman Bay Estate (Trading) Limited and their respective officers accept no liability for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the Client’s (and all other adults’ and children’s) stay at Mount Hartman Bay Estate whether arising from negligence or any other act or omission and whether on the part of Mount Hartman Bay Estate Limited and Mount Hartman Bay Estate (Trading) Limited or their respective employees officers servants agents or any other person or entity.

The Client agrees to keep and hold harmless and undertakes to indemnify each of Mount Hartman Bay Estate Limited and Mount Hartman Bay Estate (Trading) Limited against any losses suffered or claims made against each of them in relation to the Client’s (and any of the other adults’ or the minor child’s/children’s) stay at Mount Hartman Bay Estate.

The Client further acknowledges that he/she and his/her party will exercise extreme caution regarding the swimming pools, boats, sea scooters, snorkeling equipment, Jacuzzi, jetty, cliff edge, roofs, verandahs and decks (which have no railings, barriers, netting or safety precautions preventing any person from falling), walkways, roads, electronic gate and all other areas of the property and the sea surrounding it, and hereby warrants that he/she or another adult/s will constantly supervise any children while on the Mount Hartman Bay Estate. The Client and all adults and children in the party use the swimming pools, boats, sea scooters, snorkeling equipment and all other equipment (including but not limited to the water-skiing and wakeboarding facilities) at Mount Hartman Bay Estate voluntarily and at their own risk and Mount Hartman Bay Estate Limited and Mount Hartman Bay Estate (Trading) Limited do not accept responsibility for losses arising from the use of these facilities.

You must obtain suitable insurance to cover this. The Company shall not be obliged to make any payments in accordance with these terms and conditions where the Client or any adult or child in its party (as the case may be) is entitled to make a claim under such a policy of insurance and the Company shall not make any such payment unless and until the Client or any adult or child in its party (as the case may be) has made a claim against its insurers. Any payments to be made by the Company in accordance with these terms and conditions shall therefore be reduced by the amount recovered under such policy of insurance or extinguished if the amount recovered exceeds the amount of any payment to be made by the Company.

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 Grenada, 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.

February 2010