Memories Resorts Terms & Conditions
These Terms and Conditions are applicable to all contracts made by the Memories Hotels and Resorts (“Memories" or “Hotel”) and its clients (the “Clients" or “Client”) and apply to all reservations, bookings and agreements for accommodation, dining, boardroom or facility rental and use of all services at Memories.
By accessing, browsing or making a reservation through this website, the Clients expressly accept these Terms and Conditions, without modification, and intend to be legally bound by them. To the extent any travel products and/or services are booked through our call centre agents, the Clients agree that these Terms and Conditions apply to all transactions. Please read these Terms and Conditions carefully. If you do not accept all of these terms and conditions, please do not use the website or make any reservations through our call centre agents.
Conditions of Use
As a condition of use of the website and by accepting these Terms and Conditions, you declare that:
- You are 18 years of age or older
- You have the necessary legal capacity to contract the services offered
- You will only use this website in accordance with these Terms and Conditions
- You will only make legitimate reservations for you or for another individual for whom you are legally authorized to act.
- All information you provide on this website or to our call centre agents is true, accurate and complete
- You agree to be financially responsible for all charges, fees and taxes arising from the use of the reservation services offered
Terms of Supply
Clients are asked to read these terms and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of Memories. The Contract is conditional on the payment of the Deposit.
|"Arrival"||means the date on which the Services are to be provided.|
|"Client"||means the person for whom the Services will be provided in accordance with these Terms and Conditions.|
|"Contract"||means the agreement for the provision of the Services including these Terms and Conditions.|
|"Deposit"||means the payment set out in the Schedule.|
|"Services"||means the provision of accommodation, boardroom or facility rental and/or supply of food and beverages and other Services by Memories.|
|"Schedule"||The Schedule of Change and Cancellation Fees attached to these Terms and Conditions.|
|"Standard Charges"||means the published charges shown in any brochure, material or on this website relating the Services in force from time to time.|
|"Group"||a group booking comprises of 10 rooms or more and may also include other contracted services and use of the Hotel’s facilities.|
|"Event"||means an event which takes place in one of the Hotel’s private dining rooms, suites or locations.|
Confirmation of reservation is conditional on payment of the Deposit by credit card. If credit card details and authorization to charge the credit card is not received from the Client, the Contract will be null and void. Any Services for which the Deposit is not received will be released and resold without notification to the Client.
The reservation price includes accommodation and half board or full board if applicable or “all inclusive” as described in the website. It does not include optional “extra” or any other service that is not specifically featured.
The Client may, at any time, change or cancel the reservation through the website or the call centre. The conditions for changes, cancellations or no-show of the reservation are those specified on this website and of which the Client is aware and has accepted at the time the reservation was made. For the purposes hereof, the following will be classified as changes:
- Modification of the arrival date
- Changes to the length of stay
- Changes to the number of rooms reserved
Any additional charges or refunds will be made in the same manner the initial payment was made.
Memoreies shall provide the Services to the Client subject to the Contract.
The charges payable by the Client shall be set out in writing by Memories. If no charges are specified or additional Services are provided to the Client, the Client shall pay the Standard Charges at the prevailing rate on the day the Services are provided and any amounts agreed between Memories and the Client for any additional Services.
Memories reserves the right to change the Standard Charges from time to time.
All prices quoted are in Canadian Dollars and are inclusive of any Value Added Tax at the applicable rate unless otherwise stated. Prices may be quoted in other currencies, as may be acceptable to the Hotel, and as notified to Client.
A deposit in the amount specified in the attached Schedule is required at the time of booking unless the booking is made within 45 days of Arrival. Full and final payment must be received no later than 45 days prior to Arrival. Please refer to the Schedule for details on change and cancellation charges.
If any Services under the Contract are changed prior to arrival then the payment made will reflect the latest details contained in the Client’s file.
Any additional charges for the Services shall be paid by the Client on presentation of an invoice.
All charges must be settled prior the Client leaving the Hotel. The Client is deemed to have authorized the settling of all outstanding charges which can be processed by the Hotel using any credit card details held on file.
Credit Card Policy
Memories accepts MasterCard, Visa or American Express credit cards as forms of payment. The Client’s authorization to charge the credit card for the Services indicates acceptance of these Terms and Conditions whether or not the Client has signed the credit card form.
Cancellation charges ("no shows")
The Client agrees to pay charges to Memories in the event of cancellation of the Services or if the Client and/or their guests fail to take up the Services at the time and on the day specified in the Contract. The cancellation charges are calculated in accordance with the Schedule attached.
Changes to services required
Any modification to numbers, accommodation and food and beverage requirements specified for the Services or other changes or additions must be agreed by the Client and Memories in writing.
Limitation of Liability
Where Memories supplies Services which include arrangements with independent suppliers, we do not accept any liability for the actions or omissions of these independent suppliers, over whom we have no direct control. If you find you have any dispute with such persons, Memories will provide you with as much assistance as reasonable to help resolve any issues.
Please understand that such factors as weather, government actions, mechanical breakdowns, work stoppages or strikes, your physical, medical or mental disabilities, your failure to obtain valid travel documentation or your failure to follow travel instructions or directions are outside the control of Memories. We are not responsible for losses or damages arising from physical or emotional injury, property or other economic damage cause by such factors beyond our control.
Under no circumstances, including, but not limited to negligence, shall Memories, its affiliates, agents, suppliers, licensors or their respective employees be liable for any direct, indirect, punitive, special or consequential damages that result from the use of, or inability to use, the material and content in this website, including but not limited to reliance by you on any information obtained from the website or that results in mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission, or any failure of performance even if Memories or any of its agents or employees have been advised of the possibility of such damages.
Except in respect of death or personal injury caused by Memories’ gross negligence, or as expressly provided in these Terms and Conditions, Memories shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Memories, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by the Client, and the entire liability of Memories under or in connection with the Contract shall not exceed the amount of the charges for the provision of the Services.
Children and Infants
Pricing for children and infants vary. Memories recommends that the Client contact our call centre agents to determine the applicable age(s) and rate(s) for children and infants. Upon check-in, the Hotel may require proof of age for reservation made at the “child price”. If a child’s age does not comply with the Hotel’s policy (e.g. 2-12 years of age on the last day of stay) the Hotel may charge the child as an adult and require immediate payment for the rate differential. Cribs and/or cots must be requested at the time of booking and may be provided, if available, at an extra cost.
Extra Care and Assistance
Clients who require special services or assistance must advise the Hotel at the time of booking to ensure that the proper assistance can be provided to obtain the maximum enjoyment from their stay. The Hotel may not be able to guarantee a wheelchair accessible room in advance and standards may vary from property to property and country to country.
Dress code: Guests are required to comply with the dress code of the Hotel in the bar and restaurants. This may require gentlemen to wear a jacket and tie in certain locations at certain times. The Client must ensure that any guests of the Client are aware of this requirement.
Check-in at Memories is 3pm and check-out can be as early as 11am. Please refer to your electronic hotel accommodation voucher for actual check-in and check-out dates and times as this may differ. Clients wishing to make arrangements for late check-out and baggage storage must do so at the Hotel prior to check-out. There may be an additional charge for this service, if available.
The Client is responsible for the behaviour of his, her or its guests at Memories and in particular for the orderly conduct of guests attending any function or staying in Memories or otherwise making use of the Services. The Client must ensure that no noise or nuisance is caused either for Memories or its other guests and Clients. The Client must comply with any reasonable request of Memories and with any policies of Memories as may apply to the Services from time to time.
In some countries, smoking is prohibited in all public areas of the Hotel including the bars and restaurants. Guests of the Hotel are able to smoke in the clearly marked designated bedrooms or suites. To ensure the comfort of our non-smoking guests, a charge may be applied for smoking in a non smoking bedroom.
All visitors to guest accommodation must register on arrival and provide photographic identification.
Memories may at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms and Conditions.
Modification of Terms
Memories reserves the right at its sole discretion to change or otherwise modify these terms and conditions without prior notice. By accessing the website you accept those changes.
Access to Website
Memories retains the right at its sole discretion to deny access to anyone to this website and the services offered, at any time for any reason, including, but not limited to for violation of any term or condition hereunder.
Links to Third-Party Sites
This website may contain links to other sites operated by parties with which Memories has no contractual or other relationship. Memories does not review, monitor, endorse, or assume any responsibility for these sites or the services or products offered by them.
We are committed to protecting your privacy, and take our responsibilities regarding the privacy of your information very seriously. We shall only use your information to complete the transaction contemplated and provide the Services required.
In the event that any provision herein is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such termination shall not affect the validity and enforceability of any other provisions.
The relationship between Memories and the Client resulting from the contracting of the products or services contained on this website or through our call centre agents and these Terms and Conditions shall be governed by and construed in accordance with the laws of Cuba, without giving effect to any principles or legislation of conflicts of law.
Any disputes arising out of or related to this website or to the Contract for the products or services provided by our call centre agents shall be governed by and construed and enforced in the courts of Cuba. You expressly waive any other jurisdiction or forum that you might be entitled to for any reason.
SCHEDULE OF CHANGE AND CANCELLATION FEES
|Product||Deposit per person||Payment due Dates||Type of Change||When the Change is Made||Change Fees*||When Canacellation is Made||Cancellation Fees*|
|Hotel Reservation||$250||Deposit upon booking||Name Correction||45 days or more before arrival||$50 per file||45 days or more before arrival||$250|
|44-21 days prior to arrival||$100 per person|
|20 days or less before arrival||Full cancellation charges|
|Full Payment due 45 days prior||Change of hotel or room category||21 days or more before arrival||$100 per person**||44-21 days before arrival||
50% of total price(excluding taxes)
|20 days or less before arrival||Full cancellation charges|
|21 days or more before arrival||$100 per person**||20 days until after arrival||
100% of total price(including taxes)
|20 days or less before arrival||Full cancellation charges|