These Terms are applicable to all Contracts of any kind made by Amarela Resort Corporation (“Amarela”) and its clients (“Clients”) and apply to all reservations, bookings and agreements for accommodation, dining and use of all services at Amarela.
Clients are invited to read these stipulations and note their responsibilities, payment arrangements, cancellations terms and limitations on the liability of Amarela. The Contract is conditional on the payment of the Deposit.
In these Conditions:
- “Arrival” means the date on which the Services are to be provided or shall start to be provided by Amarela;
- “Client” means the person for whom Amarela has agreed to provide the Services in accordance with these Terms;
- “Contract” means the contract for the provision of the Services including these Terms as appropriate;
- “Deposit” means the initial payment to secure the Contract identified in clause 5 and Schedule;
- “Services” means the provision of accommodation, and other Services by Amarela for the Client described in writing by Amarela on its website or in its brochure.
- “Schedule” – The Schedule of deposits and payment and cancellation terms appended to this Agreement;
- “Standard Charges” – means the charges shown in any brochure of Amarela or other published literature relating to the Services in force from time to time;
- “Terms” – means these terms and conditions.
The headings in these Terms are for convenience only and shall not affect their interpretation.
TENTATIVE RESERVATION AND CONFIRMATION OF RESERVATION
If Amarela confirms the reservation, this Contract is conditional on the Client providing credit card details and the authority for charges to be deducted (including cancellation charges) on the payment terms outlined in the Schedule. The Client may also confirm the reservation by making a bank transfer of the payment terms outlined in the Schedule. A bank transfer slip must be furnished by the Client to Amarela for reference.
If credit card details and payment authority or bank tranfer is not given to Amarela by the Client then subject to any outstanding obligation to Amarela from the Client, the Contract will cease to be of effect. The Services that are the subject of the tentative reservation will be released and be resold without any further notification to the Client.
SUPPLY OF THE SERVICES
Amarela shall provide the Services to the Client subject to the Contract.
The Client shall at its own expense supply Amarela with all pertinent data or other information relating to the Services within sufficient time to enable Amarela to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information. Specific information requirements are contained in the Schedule. Amarela may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
As an active participant in the campaign for responsible tourism, Amarela, in cooperation with ECPAT (End Child Prostitution, Pornography and Trafficking of Children for sexual purposes) Philippines, commits to help fight child sex tourism. Pursuant to Philippine law, Amarela reserves the right to require Clients, as appropriate, to present valid IDs, Passports or Birth Certificates as evidence of age or to prove filiation.
Amarela does not condone any form of bullying or harassment in the workplace. If the harasser is a guest of or a visitor to Amarela, the employee should instead communicate promptly and clearly their concern to the Management and explain if it is interfering with their work. The Management will then deal with the matter in the most appropriate manner. The employee is strongly discouraged from raising this personally with the guest.
The charges payable by the client shall be detailed in writing by Amarela. If no charges are specified or additional and varied 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 additional amount which are agreed between Amarela and the Client for the provision of Services.
Amarela may vary the Standard Charges from time to time.
All charges quoted to the Client for the supply of Food and Beverage Services are inclusive of any Value Added Tax at the applicable rate unless otherwise indicated.
The different requirements for Deposits are laid out in the Schedule.
The payments to Amarela by the Client (including Deposits) are to be made on the date(s) and in the amounts specified in the Schedule.
If any services under the contract are modified prior to arrival then the payment made will reflect the latest adjustments contained in the written details of Amarela.
All charges must be settled prior the Client leaving the hotel. The Client is considered to have authorized the settling of all outstanding charges which can be processed by Amarela using any credit or debit card details held on file.
The Client agrees to pay charges to Amarela in the event of cancellations of the Services or if the Client and/or their guests fail to utilize the Services at the time and on the day specified in the Contract. The cancellation charges are outlined by reference in the annexed Schedule.
Amarela will provide a cancellation number to a Client in the event the Client makes a cancellation and that number must be used in any future dealings with Amarela.
MODIFICATION IN SERVICES REQUIRED
Any modification of figures, accommodation and food and beverage requirements specified for the Services or other changes or additions must be agreed upon by the Client and Amarela in writing.
LIABILITY OF AMARELA
When Amarela provides Services which include any services supplied by a third party, Amarela does not give any guarantee, warranty or other term as to their quality, ability or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the third party supplying the services to Amarela.
Amarela shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions provided by the Client which are inaccurate, incomplete, incorrect, illegible, out of sequence or in the wrong form, or arising from their late arrival or no-showl, or any other fault of the Client.
Except in respect of death or personal injury caused by Amarela’s negligence, or as expressly stipulated in these Terms, Amarela shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied condition, warranty or other term, or any duty, 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 Amarela, its staff or agents or otherwise) which arise out of or in connection with the supply 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 Amarela under or in connection with the Contract which shall not exceed the amount of the Amarela’s charges for the provision of the Services, except as expressly provided in these Terms.
Amarela may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms, or it the Client goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
Arrival and departure times for accommodation at Amarela are 2:00 pm and 12 noon respectively. The ingress and egress times for all other Services will be specified in the Contract and must be strictly adhered to by the Client on all occasions.
The Client is responsible for the behavior of his, her or its guests at Amarela in particular for the orderly behaviour of guests attending any function or staying in Amarela or otherwise making use of the Services. The Client must ensure that no noise or nuisance is caused either for Amarela or its other guests and Clients. The Client must comply with any reasonable request of Amarela and with any policies of Amarela as may apply to the Services from time to time.
Dress code: Guests are required to wear proper swimming attire when using the Resort Pool. The Client must ensure that any guests of the Client are aware of this requirement.
Should a guest of Amarela wish for any item to be received or assisted by Amarela prior to arrival or following departure, advance notice will be required. Amarela retains the right to deny receipt of such items. Any costs incurred for return will be borne by the sender. All items are left at the owners risk and may be subject to search. Please note that should an item be locked or sealed, it is the responsibility of the owner of the item to facilitate access. Amarela is not liable for any flood, fire or damage to the items.
Smoking is prohibited in all public areas of Amarela including the Restaurant. Guests of Amarela are able to smoke in designated areas and room balconies.
All walk-in and same day booking guests must provide valid photographic identification on arrival regardless of their nationality.
All visitors to guest accommodation must register on arrival and provide valid suphotographic identification.
PHOTOGRAPHY AND FILMING
Photography, which may only be for personal use and not to be published in any format, is permitted. Commercial photography or images including trademarks or trade names requires the prior written consent of Amarela.
The Contract constitutes the entire agreement between parties, supplants any previous agreement or understanding and may not be modified except in writing between the parties. All other terms, express or implied by regulation or otherwise, are excluded to the fullest extent permitted by law.
No failure or delay by either party in exercising any of its rights under the Contract shall be considered as a waiver of that right, and no waiver by either party of any breach of the contract by the other shall be deemed as a waiver of any subsequent breach of the same or any other provision.
Philippine law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of Philippine courts.
SCHEDULE OF DEPOSITS, PAYMENTS AND CANCELLATIONS
|TIMELINE||CLIENT REQUIREMENTS||CANCELLATION /
|To confirm booking at any time||A deposit equivalent to 50% of total room charge to be made upon booking online or, if direct booking, by indicated option date prior to arrival. Valid identification is required upon check-in.|
|To cancel a confirmed booking before 2 weeks (14 days) prior to check-in date||No charges, full refund of initial deposit|
|To modify a confirmed booking before 2 weeks (14 days) prior to check-in date||Subject to availability||No charges|
|To cancel a confirmed booking on or within 2 weeks (14 days) prior to check-in date||Refund of initial deposit less cancellation fee equivalent to room charge for one night|
|To modify a confirmed booking on or within 2 weeks (14 days) prior to check-in date||Subject to availability||modification fee equivalent to total room charge for one night|
|On arrival||Payment in full to have been received or credit card swiped and signature verified to guarantee full payment. Guest registration is required.|
|On departure||Payment in full|
|No show – Guests who do not arrive within 24 hours of check-in date||100% of total room charge|
|Shortened Stay – Guests who shorten their length of stay upon arrival||100% of total room charge|