Relationship of Parties
This Agreement is between you (“You” or “you”), on the one hand, and DOMINICAN HOLIDAZE, LLC, (“Company” or “Event”) on the other hand, where the Event is taking place December 1-5, 2017 at Breathless and Now Onyx, Punta Cana (“Resort” or “Hotel”). You expressly acknowledge and agree that (a) you are purchasing a ticket/package for this Event with the Company, and no other third parties, including but not limited to Cloud 9 Adventures, LLC and (b) Cloud 9 Adventures, LLC is a third party seller of travel and marketing agent for the Event only, who serves as the ticketing agent for the Company; (c) Cloud 9 Adventures, LLC is not responsible or liable to you for any and all claims arising from or related to the Event in any manner whatsoever.
Your decision to reserve a room/purchase an Event ticket or attend Dominican Holidaze in any capacity constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein. Any and all disputes and claims whatsoever related to, or involving the Company/Event shall be governed by Florida law and the venue for any litigation shall be in Palm Beach County, Florida.
The Event has a very strict cancellation policy and recommends that all guests purchase travel insurance.
The Company shall not provide nor be responsible to provide any refunds for unused tickets, or cancellations received after June 14, 2017, or for those who do not show up in time for any or part of the event for any reason whatsoever after the start of Event.
All cancellations must be submitted in writing by completing the cancellation form located on the cancellations section of the website. The date that the written notice of cancellation is received by the Company will determine the applicable cancellation fees, if any. NO EXCEPTIONS WILL BE MADE. Please visit www.domincanholidaze.com/cancellations for more information.
The guest that places the reservation is considered the "lead guest" and is the "owner" of the reservation. The lead guest must agree and initiate any changes in the reservation. The lead guest will be responsible for receiving all communications, selecting the room at the time of booking, and making sure all payments are made by financially responsible guests in a timely manner. Be advised that once you book a room as lead guest you are obligated for the full room rate based on the occupancy set forth in the item you purchased.
Financially responsible guests will have the opportunity to choose between making manual payments or by enrolling in automatic billing according to the terms listed below.
If payment is not received within 4 days of the payment date(s), Company has the right to consider the reservation cancelled, with appropriate cancellation penalties applied.
Refunded Payments: In the event a guest requests a payment or partial payment to be refunded, a fee of not more than 3.5% of the requested amount will be applied to the reservation.
Reservation Reinstatement: In the event that a cancelled reservation is reinstated at the request of the guest, that reservation is subject to a $75 per occupant Re-instatement Fee.
MANUAL PAYMENT TERMS
Guests will be responsible for making their own payments either online, by phone or through the mail by the payment dates above. 48 hours after the payment date, delinquent accounts will be charged a $35 late payment fee for any outstanding payments. This fee will be added to your outstanding payment amount. Payments received will be applied first to cover the $35 late fee, and then the remaining amount of the payment will be applied your reservation balance. Any reservation still not up to date 48 after the late payment fee has been applied is subject to cancellation without refund.
Mailed payments must be received by the payment date above or be subject to a $35 late fee. Mailed Payments must be made by certified check or Postal Money Order and must be made out to Cloud 9 Adventures, LLC and mailed to:
Cloud 9 Adventures, LLC
405 SE Mizner Blvd., Suite 68
Boca Raton, FL 33432
AUTOMATIC BILLING PAYMENT TERMS
Once you have paid your initial deposit by credit card you will have the option to enroll in one of the automatic billing programs offered by Company. The complete terms and conditions related to each automatic billing option respectively are contained in the automatic billing form. By enrolling in an automatic billing program, you are acknowledging and accepting the terms related therein.
Select "Automatic Billing" when making your Event reservation and indicate a credit card you would like us to use.
Select "YES" for automatic billing when prompted then fill out the Enrollment Form and return it to the Company. The ACH Enrollment Form will require you to provide the name on the bank account you would like to use, the bank's routing number and the checking or savings account number. You must provide a copy of a voided check or a savings deposit slip if you are indicating a savings account. Once you have completed your enrollment form, please return it via email.
If you enroll after the first payment date, the remaining balance will be divided into equal payments based on the amount of time between the time you enroll and the final payment date.
Once enrolled in the automatic billing plan, you may still add items such as extra nights and ground transportation but payments for such items are due in full at the time of the addition and these items are non-refundable.
Automatic Billing Dates
Upon making reservation - Initial $250.00 per person Deposit due. $500.00 per person Deposit due for Oceanfront Master and 2 Bedroom Presidential suites.
$250.00 Deposit paid by Credit Card: May 17 or 18, 2017
1st Automatic Billing Payment: June 15, 2017
2nd Automatic Billing Payment: July 17, 2017
3rd Automatic Billing Payment: August 15, 2017
4th Final Automatic Billing Payment: September 15, 2017
For declined automatic billing charges guests will have 48 hours to re-submit their payment. 48 hours after the payment date, delinquent accounts will be charged a $20 administrative fee for any automatic payments that are declined or are returned by your bank. This fee will be added to your outstanding payment amount. Payments received will be applied first to cover the $20 administrative fee, and then the remaining amount of the payment will be applied your reservation balance.
If you feel that you have been charged in error please contact the Travel Team at 561-368-8922 to discuss resolution prior to filing a dispute.
NAME CHANGES & ADDITIONS
Complimentary name changes will be accepted until July 19, 2017 for all but the lead guest. All name additions and changes starting July 20, 2017 through August 31, 2017 will be subject to the name change fee of $75 per person. Starting September 1, 2017 continuing through October 25, 2017, all name changes and additions will be subject to a $125 name change fee per person. Starting October 26, 2017 through November 15, 2017, all name changes, including lead guest changes, will incur a $225 name change fee per person.
November 15, 2017 will be the LAST DAY to submit name changes. Beginning November 16, 2017, you will NOT be able to make any name changes on your reservation! We suggest buying travel insurance in case you are not able to attend the Event.
ANY CHANGE OF THE LEAD GUEST WILL BE SUBJECT TO A $150 LEAD CHANGE FEE, UNLESS SUCH CHANGE IS REQUESTED AFTER OCTOBER 25, 2017.
The Event does not permit any downgrades of rooms on reservations. If you wish to downgrade, you must cancel your current reservation, pay all applicable fees and book a new reservation. A downgrade is defined as a room of a lower (i.e., less expensive per person) category, or from a triple occupancy room to a double occupancy room, even where such room is of a higher (i.e., more expensive per person) category. However, you are able to upgrade without penalty or any additional fees. An upgrade is defined as going into a higher (i.e., more expensive per person) category room or from a double occupancy to a triple occupancy room, even if such triple occupancy room is of a lower category room type than the original room purchased.
Rates include accommodations at resort for the Event nights, all concerts taking place at the resort during the Event, all meals and drinks are included in the all-inclusive package at the resort, gratuities and service fees. Rates do not include transportation to and from the airport, certain activities and excursions, and certain resort offerings, which are not part of the all-inclusive package for the Event. Rates do not include unlimited mini-bar stocking or room service in some cases.
Service fees (totaling $40 per person) and all other fees and payments are due in full by the final payment.
LATE CHECK OUT FEES
In the event you remain in your guestroom past 1pm local time the Company has the right in its sole and exclusive discretion to charge you late check out fee(s) of $300, according to the actual time of check out or departure from the room(s), whichever time is later. If you remain in your room past 3pm The Company has the right in its sole and exclusive discretion to charge you for an extra night at the rate posted by Dominican Holidaze, LLC.
ALL GUESTS ARE REQUIRED TO HAVE A VALID PASSPORT - NO EXCEPTIONS. You will be traveling outside of the country for this event and it is MANDATORY that you have a valid passport (unless you live in the country where the Event is taking place).
The U.S. State Department has enacted the "Western Hemisphere Travel Initiative." U.S. and Canadian citizens will be required to carry a valid Passport for travel. Also note that the U.S. State Department may change their policies from time to time and the Company cannot be liable for such changes or how those changes may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel; in such event, no refunds shall be provided to you.
HEALTH CONSIDERATIONS/PREGNANCY POLICY
Persons who have a physical or mental disability or a medical condition must report them to the Company IN WRITING AT THE TIME RESERVATION IS MADE or at the time the medical condition is discovered, whichever comes first. Failure to provide such information to the Company could lead to cancellation of your reservation with you incurring the appropriate cancellation penalty if sufficient time is NOT provided to make adequate determination of medical conditions or requirements. The Company reserves the right to revoke or refuse passage to anyone who may require treatment, care or attention beyond that which the resort can provide. Guests who require special dietary needs or who have other special needs must notify the Event in writing at the time of booking or at least 60 days prior to the Event.
REFUSAL OF ENTRY/TERMINATION OF TRIP OR EVENT
Cloud 9 Adventures, LLC acts only as sales and marketing agents for the purpose of booking travel arrangements at the Resort for the Event. The Company expressly disclaim any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. This includes, but is not limited to stays at the resort during the Event nights as well as pre and post nights added to reservations for the Event.
The Event may, in its sole and exclusive discretion, require any person to withdraw from the event if it is deemed that your actions or conduct is offensive, disorderly and/or a nuisance, and in such event the Company shall have no liability to you as a consequence of the early or other termination of your trip and/or event, or be required to pay you any refund.
Guests must be 18 years or older to be admitted to the event, unless accompanied by an adult.
Video or audio recording, filming, or photographs may occur at the Event which may be owned, licensed, assigned or distributed nationwide and worldwide by the Event, their affiliates and assignees. By acknowledging the terms & conditions of the event at the time of booking a reservation at the Event, you acknowledge, allow, and authorize the Company, their affiliates and assignees the right to use your likeness and/or appearance on any film or video format now known or hereinafter developed in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against the Company, their affiliates and assignees for such use.
The Event, Breathless, and Now Onyx do not allow any kind of pets or therapy animals at Dominican Holidaze. The Dominican Republic does not allow for the same protections as the United States regarding ADA qualified Service Animals. Because of this no animals can be allowed access to the Resorts or The Event.
PHOTOGRAPHY AND VIDEO POLICY
Video recording is strictly prohibited at the Event. No professional photography equipment may be used. Small handheld cameras without interchangeable lenses are acceptable for personal use only. DSLR's are not allowed for guest use at the event. Commercial use of photography and video is strictly prohibited.
ZERO TOLERANCE POLICY
In accordance with local, state, federal and international laws, the Event has a strict zero tolerance policy regarding the illegal use, possession, purchase or distribution of controlled substances. Any violation of this policy will result in immediate ejection from the Event as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases the Company shall not be liable for any refund or other compensation or damages and reserves the right to refuse entry at future Events.
NO VENDING OF ANY KIND IS ALLOWED at the Event. This means, DO NOT make t-shirts, hats, posters, jewelry or anything else to sell at the Event. Any and all unauthorized merchandise will be confiscated. This policy will be strictly enforced.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability by guests for damage to or theft of luggage, personal property, delay, circumstances at the resort or elsewhere is limited. In addition, your right to recover in a legal proceeding will be based upon the applicable law and forum stated in these Terms & Conditions. You will find at each resort, independent concessionaires. The Company accepts no responsibility whatsoever for the actions of these independent concessionaires and acts only as a third-party referring their services to you without further liability.
It is understood and acknowledged that the Company is an outside, independent entity and does not own, retain, or have any control over Resort. In consideration of participating and attending the Event, you voluntarily assume all risks while at the Event and at Resort, and release the Company of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney's fees and demands whatsoever that may be sustained by you at the Event. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
The Company cannot be held responsible for changes at the Resort that vary from what is noted on the Event website, and/or in the reservation system at the time of purchase or anytime leading up to the Event or during the Event. Resort is operated under the direction of it’s Management and affiliates and may change their offerings at their own discretion and retains the right to do so. Some regular resort offerings may vary during the event. The Company will do their best to please guests of the Event but does not control the actions of the Resort and acts only as a third party hosting an Event on their property. Any issues arising between guests and the Resort pertaining to resort matters, including but not limited to those issues related to food & beverage, rooms, check in, check out, amenities, hotel grounds, etc, shall be taken up with the resort directly, and while the Company may assist on your behalf if applicable, ultimately the Company cannot be held responsible for actions, incidents, policies, or procedures that are employed by the Resort.
Your decision to purchase a room/ticket and pay a deposit for Event constitutes your acknowledgment of and consent to all of the terms and conditions related to this purchase, including the limitations of liability described herein. All disputes and matters whatsoever related to or involving the Event shall be governed by and litigated in the County of Palm Beach, State of Florida.
ONLY RESERVATIONS BOOKED THROUGH CLOUD 9 ADVENTURES, LLC WILL BE HONORED FOR THIS EVENT. ANYONE FOUND BUYING OR SELLING A ROOM/TICKET FOR THE EVENT FOR MORE THAN FACE VALUE WILL BE CANCELLED.
The Event has a very strict cancellation policy and HIGHLY recommends that all guests purchase travel insurance. Please note that the sale of travel insurance for the Event is administered by iTravelInsured. Their travel insurance contract is subject to additional terms and conditions related to iTravelInsured policies and the conditions set forth therein, which are accessible on the Event website. You can contact them at 317.655.9796.
Travel Insurance policies will cover your Event nights, any pre nights and post nights as well as ground transportation purchased as part of your reservation for the Event. It does not cover your flight or costs incurred getting to the Punta Cana International Airport. Additional coverage can be purchased by contacting iTravelInsured. There is only one policy issued per person per reservation and only one person can be listed on each policy. Once a policy is issued it cannot be transferred nor the policy amount reduced. If you need to increase your policy amount please contact the Company to add a supplement to your policy.
Within 10 days of purchasing the policy, you may cancel it and the Company will refund the amount of your policy, as long as you have not already departed on your covered trip or filed a claim, and the travel insurance policy will be void from the beginning. No refunds shall be issued after 10 days of purchasing the policy.
For pre-existing conditions to be covered or to file a “Cancel for Any Reason” claim, you must purchase full trip coverage insurance within 20 days of making your initial deposit for the Event and you must be medically able to travel at the time of purchase. Other restrictions may apply. Written notice of any and all claims must be given to iTravelInsured within 90 days from the date of loss, except as otherwise prohibited by law. You have a duty to make all reasonable efforts to minimize losses from any insured benefit.
No refunds will be given to guests who wish to cancel their trip over concerns for Zika. Dominican Holidaze, LLC recommends that guests purchase “Cancel for Any Reason” coverage to protect the cost of their trip.
Excursions are offered for your enjoyment at a moderate extra cost. Each excursion is operated by local tourist service companies. The excursions are not under the control of the Company including but not limited to: hotel stays off resort property, car rentals, water sports, sightseeing excursions, dive programs, restaurants, transportation by air, rail, bus, or other means, and any other service provided by a third party tour operator or destination management company. The Event shall not be liable for the services and facilities provided by independent or third party contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. Cloud 9 Adventures, LLC acts only as sales and marketing agents for the purpose of booking travel arrangements. The Event expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
Ground Transportation is offered for your convenience at a moderate extra cost. Ground transportation services are provided by Amstar DMC and/or its affiliates or subsidiaries. The following are not under the control of Company: car rentals, transportation by air, rail, bus, or other means, and any other service provided by a third party. The Company shall not be liable for services and facilities provided by independent contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. Cloud 9 Adventures, LLC acts only as sales and marketing agents for the purpose of booking travel arrangements. Cloud 9 Adventures, LLC and the Company expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
ADDITIONAL TERMS AND CONDITIONS, INCLUDING LIMITATION OF LIABILITY
The Event reserves the right, at any time, to modify, change, postpone or abandon all or any part of the resort program in its sole and exclusive discretion. In this case, the Company will NOT be responsible for any loss or expense caused by reason of such changes, modifications or abandonment. Company shall not refund any of your purchase price or any other charges by guests who decide not to stay through the duration of the event or who are forced to check out early for any reason or cause whatsoever. Unforeseen illnesses, circumstances, and contingencies may arise causing a cancellation by a band or other talent booked for the Event. Under these circumstances, the Company reserves the right in its sole and exclusive discretion to alter or cancel the band(s) contracted for and/or advertised for this Event. You expressly acknowledge that certain resort offerings may change or be cancelled and agree that Company shall not be held responsible for such occurrences made by the resort or the Event. Company reserves the right to change the itinerary, schedule, and/or lineup and change the venue or Resort and find a reasonable or suitable alternative in its sole discretion; and in such event(s) shall not be responsible and/or liable to you whatsoever including but not limited to, for any compensatory, nominal or consequential damages.
In the event that this Event is cancelled because of a circumstance or occurrence outside the control of Company, including but not limited to force majeure events (such as acts of nature, fire, earthquake, government imposed travel restrictions; terrorism etc), which cancellation shall be made in Company’s sole and exclusive discretion, Company shall not be liable for any damages, including but not limited to compensatory, nominal or consequential damages.
Resort information and descriptions seen on the Event website and on other third-party websites (including, without limitation, photographs, videos, editorials, amenities, and property descriptions) are provided by the Resort, suppliers and service providers. This information is provided to serve as a general guideline and while we can direct you to such information as a reference, the Company does not guarantee its accuracy.
Resort and other third parties may require you to present a credit card or cash deposit upon check-in to cover incidentals and additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for the Event or other transaction. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s) for the Event, in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All third parties are independent contractors, vendors and not agents or employees of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage or other damages or expenses related therein.
A reservation/ticket to the Event is a revocable license. Company shall have no liability for overbooking done by the hotel. The Company reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with Company’s zero tolerance policy or is otherwise disorderly or conducting themselves in a way that is in violation of the rules of an applicable third party (resort, hotel, DMC, tour operator, supplier, excursions company, ground transportation provider, etc) and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with this policy or the applicable third party’s terms, conditions, rules or policies, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with the applicable third party’s terms, conditions, rules or policies.
Your Representations and Warranties to Company.
Without limiting anything set forth in this agreement, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Company and/or via the ticketing website; (b) you are of sufficient legal age and authority to enter into any transaction with Company and/or via the ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) you are an authorized user of the credit or debit card used to enter into any transaction with Company and/or via the ticketing website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Company and/or via the ticketing website; and (f) you will not attempt to charge back your purchase with your bank or credit card company. Any attempt by you to charge back any or part of the purchase price or other charges incurred in connection with the Event, shall allow Company to (a) cancel your reservation for the then-current or any future Events, or (b) refuse to accept any reservation for any upcoming Event(s).