Terms and Conditions
LOV – LUXURY OCEAN VACATION
GENERAL TERMS AND CONDITIONS GOVERNING THE USE OF WEBSITE AND ON-LINE BOOKINGS
Luxury Ocean Vacation Ltd – The leading Mauritian Hospitality Management Company incorporated in the Republic of Mauritius with Business Registration Number C15133455, having its registered office at Magic Snack Building, Coastal Road , Pointe aux Biches, Mauritius; and also includes the Luxury Serviced Residences operated by LOV as follows:
Lov – Cape Point Seafront Residences – 5 Star Suites & Penthouse
Lov – Bon Azur Beachfront Residences – 5 Star Suites & Penthouses
Lov – Myra Seafront Residence – 5 Star Suite & Penthouses
Lov – Bel Azur Beach Residence – 4 Star Suites, Penthouses & Villas
Lov – Le Cerisier Beach Residence – 3 Star + Apartments
Lov – Liberty Drive Residence – 3 Star Premium Apartments & Penthouses
1. Summary of annexed documents
- Confidential Rates and Client’s acceptance of rates;
- The main features and supplementary booking conditions attached to the website sales
- Payment methods
- Conditions of Booking Confirmations/ Cancellations
- General Terms and Conditions
- Personal use
All bookings made are for the personal use of the Client. (ie no tour operator/retail bookings)
- Legal Capacity to make online bookings
The Client declares having the legal capacity to enter into the present agreement and to make the payment associated with the booking. If ever a minor is concerned, the parents/judicial guardians of the minor certify having the legal capacity to enter into the present agreement in their aforesaid capacities and for and on behalf of the minor.
- Notification of acceptance by Lov – Luxury Ocean Vacation validating bookings
Lov-Luxury Ocean Vacation will, upon receipt of a booking request, determine whether the request can be acceded to. If the request is acknowledged, an acceptance email will be sent to the Client, along with a reservation ID.
The aforesaid acceptance email is conditional upon the Client’s credit card being valid and the full amount due, successful transacted.
If for any reason, the Client’s credit card cannot be debited with the amount due, or if the bank transaction is subsequently reversed, the booking will be cancelled unilaterally and as of right by Lov; without Lov having to fulfil any judicial and/or extra-judicial formality, and Lov will notify the Client via e-mail of such cancellation.
The acceptance e-mail of Lov must be produced by the Client upon check-in at the Lov-Luxury Ocean Vacation Residence. The Client may also be requested to produce proper identification on check-in at the Lov- Luxury Ocean Vacation Residence (passport, ID, driver’s licence).
- Non-refundable deposits/Cancellation policy and cancellation fees
A non-refundable deposit of 20% of the total amount of the accommodation will be charged at the time of making the booking. The balance 80% will be charged using the same credit card details used to pay the deposit, and this will be processed one month before the arrival date of the Client. No-shows will be charged at 100% of the total amount of the accommodation. During peak season (i.e 20 December to 6 January inclusive) cancellations within 90 days of arrival date of client will be charged at 100% and the credit card details used to pay the 20% deposit will be used to process the balance payment of 80%. For outside peak season, please contact our reservation department for more information on the cancellation fees applicable.
In the event of a refund, the relevant amount will be transferred back to the same credit card used to make the original booking. Any booking charges applied will not be eligible for reimbursement.
- Changes in the dates of bookings
Any changes requested after a reservation has been confirmed, must be addressed by email to the respective Lov- Luxury Ocean Vacation Reservation Department holding the original booking.
- Residence check-in and check-out times:
Residence check-in will be as from 14h00
Check-out of a Residence must be by 10h00 latest unless prior arrangements have been made in writing to our Reservations Department. ONLY written confirmation of late check-out will be considered.
- Compliance with occupancy description
The Client undertakes to comply strictly with the residence occupancy description featured on the website in respect of the maximum number of persons and the adult/children classification that allows occupation of any specific room at any one time.
- Use of rooms
The room/s shall be for the exclusive use of the Client.
The Client agrees and undertakes to use the Residence responsibly. Any behavior contrary to laws, good morals and/or public order will result in Lov asking the Client to vacate the Residence. In such case, no compensation or reimbursement shall be made by Lov, and Lov shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Lov having to fulfill any judicial or extra-judicial formality.
- Compliance with the Residence regulations
All Lov- Luxury Ocean Vacation Residences are covered by regulations, of which a copy is available in all the Residences.. The Client undertakes to comply strictly with these regulations, failing which, Lov- Luxury Ocean Vacation will have the right to ask the Client to vacate the Residence and leave the complex. In such case Lov- Luxury Ocean Vacation shall make no compensation or reimbursement, and Lov- Luxury Ocean Vacation shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Lov- Luxury Ocean Vacation having to fulfill any judicial or extra-judicial formality.
- Registration forms
At the time of check-in, the Client will be requested to fill in and sign a check-in form. A template of the registration form presently used is available here, and the Client expressly agrees to sign same or such amended version of the registration form on his arrival at the Residence.
- Photographs on the website
Photographs shown on the website are for information purposes only. Although every effort is made to ensure that the photographs, graphic images and text used to illustrate the displayed property and features provide as accurate an impression as possible of the accommodation offered, variations may occur, in particular as a result of any change of feature or renovation. The Client may not make any claim in that respect.
- Exclusion and limitation of liability
Lov- Luxury Ocean Vacation shall not be liable in case of non-fulfillment or inadequate fulfillment of the services or sale of the goods in the event of force majeure, actions of third parties, or actions/omissions of the Client.
Lov- Luxury Ocean Vacation shall not be liable for effects lost by the Client and or due to theft or any other mishap.
Lov- Luxury Ocean Vaction shall not be held responsible for the non fulfillment or inadequate fulfillment of any service or sale of any good, except in case of gross fault or gross negligence on its part, and subject to the other terms and conditions of the present website, including the general terms and conditions. The Client shall furthermore not have the right to make any claim for indirect or consequential damages.
- No warranty on internet services
Lov- Luxury Ocean Vacation does not make any warranty in relation to internet access, or to availability or non availability of internet services. Lov-Luxury Ocean Vacation further does not make any warranty with regard to the absence of viruses on internet network.
Lov-Luxury Ocean Vacation makes no warranty that the website will be operational at all times. The Client shall not have the right to make any claim to Lov-Luxury Ocean Vacation if the website (including the internet booking pages and information) is temporarily or permanently out of use or not operational.
While every precaution has been taken, Lov-Luxury Ocean Vacation cannot ensure that a third party will not unlawfully access private details and advises the Client to take all necessary precautions. Lov- Luxury Ocean Vacation suggests that the Client does not permit others to access his personal codes or passwords. Lov-Luxury Ocean Vacation shall accept no responsibility in case of access by third parties to the Client’s private details, including personal codes or passwords, or the credit/debit card details. The Client accepts the inherent risks of using the present website.
- Time-limit to make claims – where claims are to be made
All claims made by the Client in relation to the services or in relation to his stay shall imperatively be made in writing to Lov-Luxury Ocean Vacation within 24 hours from the event giving rise to the claim. Failure to do so by the Client shall render the claim inadmissible. All claims must bear the mention: ‘Booking Claim + Reservation Number/Full Clients name’ in the mail subject.
Claims shall imperatively have to be made either by e-mail or hand delivery, at the head office’ following addresses:
Magic Snack Building, Coastal Road , Pointe aux Biches , Mauritius.
Office Telephone number – 0230 265 50 20
The Client shall provide his credit card details as a guarantee of the booking.
In the event of a no show or of a cancellation, Lov-Luxury Ocean Vacation shall have the right to debit the card used by the Client in the internet booking with the amount of cancellation fees.
18. Star Rating
Star ratings are indicated as a general guide. Star ratings may differ according to the country where the Lov-Luxury Ocean Vacation residence are located and are not necessarily the official local rating. Standards can vary between a LOV Residence and any other accommodation of the same category in the country.
19 .Right to relocate the Client
In the event of unavailability of any property booked by the Client, Lov-Luxury Ocean Vacation reserves the right to relocate the Client to another LOV property of an equivalent category, without the Client having the right to make any claim for compensation.
- Services/activities provided by independent contractors at LOV Residences
In many Lov Residences, persons independent from Lov- Luxury Ocean Vacation deliver services and/or activities. The Client acknowledges that, if the said services/activities happen to be available at the residence or from the residence, they are not carried out under the responsibility of Lov- Luxury Ocean Vacation but under the responsibility of independent contractors. The Client may be requested to sign registration/disclaimer forms prior to be entitled to make use of the said services/activities. The Client also undertakes not to make any claim to Lov-Luxury Ocean Vacation and to its investors, property owners, directors, managers and/or employees, in case of problems/damages in the course of or related to the said activities/services.
- Cyclones/bad weather conditions/transport problems
If the Client cannot reach the residence due to cyclonic or bad weather conditions, or due to transport problems, in Mauritius or abroad, the Client shall be bound to pay for the day/days not used by him.
If the Client cannot leave the Residence due to cyclonic or bad weather conditions or due to transport problems, in Mauritius or abroad, Lov- Luxury Ocean Vacation shall try to find accommodation for him at any of its properties, without Lov-Luxury Ocean Vacation giving any guarantee in that respect. In such case, the Client shall have to pay up front for the additional stay and at the prevailing rates.
- Passports and visas
Prior to making the internet booking, the Client declares being in possession of a valid passport, with a validity period sufficient to enable him to complete his stay at the residence. It is also the Client’s responsibility to obtain all visas which are necessary to enable him to effect his stay at the residence. Lov- Luxury Ocean Vacation shall not be held liable in case of failure to obtain a valid passport or a valid visa, and the absence of a valid passport or a valid visa shall not be considered as “force majeure”.
- Site Content
The Site and all content contained therein including, images, photographs, logos and other materials, and the copyrights, trademarks, trade dress and other intellectual property rights in such materials are owned by the Company or its Licensors, including Lov – Luxury Ocean Vacation Ltd and its affiliates and certain other trademarks appearing on the Site are used by the Company under license from Lov – Luxury Ocean Vacation. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted the Lov-Luxury Ocean Vacation management company.
The Site may contain links to other websites. The Company provides such links for your convenience only and is not responsible or liable for the actions of such independent websites. The inclusion of these links in no way indicates the Company’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites.
The Site and the content provided thereon is provided on an “AS IS” basis, without representations or warranties of any kind, either express or implied, including, but not limited to, warranties or title and implied warranties of merchantability or fitness for a particular purpose.
- Limitation of Liability
IN NO EVENT SHALL THE MANAGEMENT COMPANY, LUXURY OCEAN VACATION LTD NOR THE OWNERS OF THE PROPERTIES LISTED ON THIS WEBSITE OR THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO THE SITE OR THESE TERMS & CONDITIONS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Development/ modification of the general terms and conditions of internet bookings and of the website
Lov- Luxury Ocean Vacation may change or add to these general terms and conditions of internet bookings/sales at any time. In this case, the new version of the general terms and conditions of internet bookings will be published online by Lov-Luxury Ocean Vacation. From the time it is published online, the new version of the general terms and conditions of online bookings will apply automatically to all clients.
- Governing Law
Any disputes arising out of or related to the Site or these Terms & Conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of Mauritius, excluding its conflict of law rules.