Mångata Villas

MANGATA VILLAS - TERMS & CONDITIONS 
THE FOLLOWING TERMS AND CONDITIONS GOVERN THE CONTRACT BETWEEN ALL TRAVELERS AND HOTEL GUESTS (INDIVIDUALLY AND COLLECTIVELY “GUEST”), AND MANGATA VILLAS PROVIDING ACCOMMODATIONS AND SERVICES TO GUEST PURSUANT TO A CONFIRMED BOOKING WITH THE HOTEL HEREINAFTER REFERRED TO AS “HOTEL”. YOUR ENJOYMENT OF YOUR VACATION IS VERY IMPORTANT TO US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE YOUR COMPLETE UNDERSTANDING AND AGREEMENT. IN CONSIDERATION OF THE BOOKING CONFIRMATION ISSUED TO YOU BY MANGATA VILLAS AND/OR ANY THIRD PARTY TOUR OPERATOR, TRAVEL AGENT, OR TRAVEL PROVIDER, ALONG WITH OTHER GOOD AND VALUABLE CONSIDERATION, ALL GUESTS HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS IN THIS CONTRACT, HEREINAFTER REFERRED TO AS “CONTRACT”:
1.    Bookings made with Mangata Villas require 10% non-refundable deposit at the time of booking. Balance owing is due 30 days prior to check in date and will be automatically charged to the credit card on file.  Payment terms may vary for bookings made through third parties. If a third party fails to send payment to the Hotel for a Guest’s booking, the Guest agrees that the Hotel may charge the Guest’s credit card for the full amount of the booking and the Guest agrees not to dispute any such charges. If the Guest’s credit card has insufficient credit, then the Guest agrees to send payment in full by other reasonable means within 7 days after the Hotel’s payment request.
2.    All room rates are in US Dollars per room, per night, and are subject to an additional 9% government tax.
3.    Rates are based on single or double occupancy, per night.
4.    3rd and 4th guests are permitted in Villas only (not Casitas) for an extra $25 USD per person, per night, plus 9% tax. ($35 USD per person, per night, plus 9% tax during peak season).
5.    Mangata Villas is an adult only property (18 years old and up).
6.    The Hotel accepts Visa, Master Card, and American Express only.
7.    Travel Delays and Cancellations: Mangata Villas shall NOT be liable for any refunds or other compensation due to travel delays, cancellations, any Guest’s inability to travel for any reason and any related losses or expenses including without limitation any losses or expenses resulting from “acts of God” or force majeure type events. TRAVEL INSURANCE IS STRONGLY RECOMMENDED.  Please refer to Cancellation Policy for further details.
8.    Check-in / Check-out. Check-in time is 3:00 p.m., and check-out time is 11:00 a.m. Subject to availability, early check-in or late check-out may be available.
9.    Passport and Credit Card Required for Check-In. Upon check-in at the Hotel, the lead Guest whose name the booking is under MUST PRESENT A VALID PASSPORT and a VALID MAJOR CREDIT CARD. The names on the booking confirmation, passport, and credit card must match. This is part of the Hotel’s ongoing efforts to prevent fraud and protect Guests’ identities.
10.  Required Signing and Agreement at Hotel Check-In. Notwithstanding anything to the contrary, upon check-in at the Hotel, each adult Guest shall be required to sign the Hotel’s Guest Registration form confirming the Guest’s agreement with the Terms and Conditions and the Hotels Release & Waiver of Responsibility. A copy of the Release & Waiver of Responsibility included in the Hotel’s Guest Registration form is attached to this Contract as Exhibit A. The Hotel’s Guest Registration form specifies,among other things, that any claims or controversies arising out of or in connection with any Guest’s stay at or presence upon Hotel property—including the use of any related services, facilities, and amenities—shall be governed by and subject to the exclusive jurisdiction of the laws, courts, and authorities of BELIZE. IF THE GUEST REFUSES TO SIGN THE HOTEL’S RELEASE & WAIVER OF RESPONSIBILITY, THE GUEST SHALL NOT BE PERMITTED TO CHECK-IN AND SHALL BE DENIED ACCESS TO THE HOTEL, ITS SERVICES AND AMENITIES. THEREFORE, NOTICE OF THIS REQUIREMENT IS HEREBY PROVIDED AND THE GUEST SHALL BE DEEMED TO HAVE READ AND UNDERSTOOD THIS REQUIREMENT AT THE TIME OF SAID HOTEL BOOKING. THE CANCELLATION CHARGES SET FORTH IN THE CANCELLATION POLICY SHALL APPLY IF THE GUEST CHOOSES TO CANCEL OR CHANGE THEIR HOTEL BOOKING DUE TO AN UNWILLINGNESS TO SIGN AND AGREE TO THE HOTEL’S GUEST REGISTRATION FORM. THE REQUIREMENTS OF THIS CONTRACT SHALL APPLY TO ALL HOTEL BOOKINGS WHETHER MADE DIRECTLY WITH THE HOTEL, OR THROUGH ANY THIRD PARTY OR TRAVEL AGENT.
11.  Smoking (of any substance) is NOT permitted in rooms or on the public pool deck. Please be respectful of other guests who may not smoke.  A minimum room cleaning fee of $500 USD will be charged to the booking credit card on file if a guest or one of their visitors smokes in the room.
12.  Quiet Hours are from 11:00 p.m. to 8:00 a.m. Please be respectful of other guests.
13.  You are liable for any damage however caused to the allocated room(s), to the Hotel premises, or property caused by you or any persons in your party (whether or not staying at the Hotel) during your stay. Mangata Villas reserves the right to retain your credit card details and charge or debit such amounts at its sole discretion to compensate or make good, damage, costs or expenses incurred or suffered by the Hotel.
14.  Lost/stolen or damaged Kayaks or Paddle Boards will result in a charge of $500 USD each.  Lost/stolen or damaged life jackets or paddles will result in a charge of $75 USD each. Lost/stolen or damaged key cards or key fobs will result in a charge $25 USD each. Lost/stolen towels will result in a charge for $25 USD each.  Normal wear and tear is excluded from these terms. Guest agrees these items shall be paid in cash prior to checkout.  Failure by Guest to pay will result in the cost being charged to the credit card on file.
15.  Ground Transportation. Ground transfers and taxis are NOT INCLUDED. Taxis are typically readily available outside the airport’s baggage claim area. Golf Cart rentals are cost effective and the suggested mode of transportation. 
16.  Force Majeure. The Hotel shall NOT be liable for any losses or damages due to events beyond their reasonable control including without limitation: acts or orders of governmental authorities; weather (hurricane, etc); fire; flood; earthquake; volcanic activity; lightning; epidemics, pandemics or other illnesses; airline delays or cancellations for any reason; utility outages; strike, lockout, or work stoppage; terrorism; or any event typically described as “force majeure” or an “act of God.” REFUNDS SHALL NOT BE OFFERED in the event of a late or delayed arrival to the Hotel. In the event of a delayed departure from the Hotel, Guests shall be required to pay locally for any additional nights at a rate not to exceed the Hotel’s published (“rack”)rates per night. Again, TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
17.  Insect-Borne Illness. The Hotel is located in a tropical environment. Although the Hotel maintains a year round pest control program, the Hotel, its owners, employees, agents, insurers, and suppliers SHALL NOT be liable for, and all Guests shall HOLD HARMLESS the Hotel, its owners, employees, agents, insurers, and suppliers from any injury, illness, or loss resulting from exposure to Zika virus, any other insect-borne disease, any similar tropical illness, or injury, illness, or loss, of any nature whatsoever. Potential Guests who are pregnant or may become pregnant should seek the advice of a qualified physician prior to travel.
18.  Guests with Disabilities. Due to the unique nature of the Hotel, its buildings, grounds, amenities, and services, the Hotel may not be suitable for Guests with certain disabilities and mobility issues. Some buildings, rooms, grounds, beaches, amenities, events, and services may not be accessible. Likewise, Guests with certain disabilities and mobility issues may encounter difficulties at local airports/ferries and with public or private transportation, walkways, buildings, facilities, services and events.
19.  Forum Selection; Governing Law: As a condition of making any Hotel booking, all Guests hereby AGREE that the courts and authorities of BELIZE shall have EXCLUSIVE JURISDICTION over any claims or actions of any nature whatsoever arising out of any claims, act, omission, illness, injury, loss or other occurrence at the Hotel or anywhere in the country where the Hotel is physically located. All other jurisdictions that any Guest may have access to by reason of domicile or otherwise, including without limitation, the United States, Canada, and the United Kingdom are hereby irrevocably WAIVED. Any such claims or actions shall be governed EXCLUSIVELY by the laws and regulations of BELIZE. Guests agree that any claim brought in a jurisdiction other than Belize shall be DISMISSED with prejudice, and all costs of such dismissal, including but not limited to attorney’s fees,  shall be borne by the Guest. The provisions contained in this Contract are LEGALLY BINDING on all Hotel Guests. In the event of a conflict between the provisions of this Contract and any other information or advertising relating to any Guest’s travel to, or stay at theHotel, the provisions contained in this contract SHALL CONTROL.
20.  Limitations of Liability: UNDER NO CIRCUMSTANCES shall Mangata Villas, its owners, officers, employees, agents or insurers be liable for any claim or action of any nature whatsoever arising out of or in relation to any act, omission, illness, injury, loss or occurrence at the Hotel or in Belize. Each Guest shall HOLD HARMLESS Mangata Villas and its owners, officers, employees, agents and insurers from any such Hotel-related claims and actions, and from any claims or actions based on the acts or omissions of any third party, including but not limited to, airline, transportation provider, and tour and excursion providers. UNDER NO CIRCUMSTANCES shall the Hotel, or any of its respective owners, officers, employees, agents or insurers be liable for any consequential, incidental, punitive, or exemplary damages or any damages based on emotional distress, mental suffering, psychological injury, or any injury or illness of any kind.
21.  Legally Binding. This Contract is LEGALLY BINDING. Each Guest is responsible for reading, understanding, and agreeing with the terms and conditions set forth in this Contract as a condition of securing a Hotel booking or staying at the Hotel. The provisions of this Contract have been made available to the Guest IN ADVANCE of making a Hotel booking or at the time of check-in. The provisions of this Contract are meaningful and enforceable and are NOT “BOILER PLATE” PROVISIONS. This Contract has been made available to Guest PRIOR TO making a Hotel booking and PRIOR TO travel, thus ADVANCE NOTICE has been provided.
22.  Upon or before check-in, Guests age 18 and over MUST sign our RELEASE & WAIVER OF LIABILITY form and children under 18 must be named and listed properly below or on the other side if additional room is required. Please be aware that Mangata Villas Ltd. has taken reasonable steps and precautions to ensure Guest's safety while staying with us. In using our property, however, Guests do so at their own risk. To stay with Mangata Villas, our Release & Waiver of Liability must be signed upon arrival or brought with the Guest, already signed. If not already signed, upon Check in, the Hotel will require Guests to sign the Release & Waiver of Liability. Guest(s)agree to release and hold harmless Mangata Villas Ltd., its owners, agents, and insureds from any liability.    

EXHIBIT A

RELEASE & WAIVER OF LIABILITY

I, the undersigned (herein after the Guest) hereby irrevocably & unconditionally waive and release and hold harmless from liability Mangata Villas Ltd. (hereinafter known as Mangata Villas), its owners, agents, and insureds (all four hereinafter known as Releasees) from any and all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever whether in law or equity, known or unknown, occurring during, caused by, relating to, or arising in any way from staying at, or participating in any activity at Mangata Villas.

Guest also understands that attending this facility in the jungle, near the sea, may involve voluntary participation in physical activities both indoors and outdoors, and certain exposure to wildlife and walks, steps, paths, and roads that are uneven as well as water activities both in the pool and the sea. With these, and all related activities, there is a certain element of risk. By signing this waiver, Guest hereby acknowledge that participation and use of facilities and grounds are at Guest’s own risk, and that Guest assumes all responsibilities for any and all aspects of participation by both Guest and any children who might accompany the Guest, or visitors of guests invited on the property by the guest. Guest understands that the pool, kayaks, paddle boards and bicycles provided as some of the available activities and the proper use is required. This waiver applies to any and all activities, named and unnamed herein, which are voluntarily participated in by guests and family members & visitors of guests at Mangata Villas. Guests agree, release and waive liability at Mangata Villas related to their use of the pool, kayaks, paddle boards, bicycles, or golf carts used by guests on or off the property.

Guest also understands that this Release & Waiver of Liability irrevocably and unconditionally releases and holds harmless all Releasees from any financial or other liability for any injury, bodily harm, sickness, illness, or loss of life that I as a Guest, or my family member or friend may suffer and from any economic harm or loss of property occurring during, caused by, relating to, or arising in any way out of staying at Mangata Villas.

I, the undersigned, have read this Release & Waiver of Liability and understand all of its terms; I have executed it voluntarily, with full knowledge of its significance, and intend to be legally bound by it. I understand that each child here with me who is under 18 years of age is to be named below and is my responsibility while here at Mangata Villas. My signature includes them in coverage of this release form. My children who are here who are 18 and older will sign the release themselves and assume personal responsibility.


Printed Name of All Guests:___________________________________________________

Signature of Guest(s)_________________________________________________________ Date Signed: _________________________