The Aerial, BVI – Terms & Conditions
As a guest of The Aerial, Buck Island, and Elevate Island Management, I hereby recognize these terms and conditions and agree to the following assumption of risk, release, and liability (“Release”) by completing my purchase.
1. Definitions and parties
In these Terms and Conditions:
The “Company” shall mean Elevate Island Management, Limited, a company organized under the laws of the British Virgin Islands that manages The Aerial.
The “Client” shall mean the person who has paid to attend and each person listed within the booking as a traveling companion.
In these conditions, masculine words shall include the feminine and neutral genders and vice versa, and the singular shall include the plural and vice versa.
2. General
The attached Terms & Conditions are applicable to the Client’s room rental (the “Room”) and, where stated, to Day Pass bookings.
No modifications to these Terms and Conditions shall be valid unless expressly accepted and confirmed in writing by the Company.
Reservation relocation or cancellation by The Aerial, BVI
The Aerial, BVI reserves the right to relocate, reschedule, or cancel any reservation due to unforeseen circumstances, operational requirements, acts of nature, or force majeure events.
In the event a reservation must be adjusted, The Aerial, BVI will make reasonable efforts to notify the guest as early as possible and offer suitable alternative accommodations, dates, or a refund where applicable.
While every effort will be made to honor confirmed bookings, The Aerial, BVI reserves the right to take necessary action to protect the integrity of the guest experience, the safety of all guests and staff, and the operational needs of the property.
3. Deposits & payments
Payment constitutes agreement and understanding of these Terms and Conditions.
The Company reserves the right to cancel the booking if any payment is not received when due. In this event, the Client will be deemed to have forfeited the Deposit.
Payment can be made by wire transfer or credit card.
Taxes and service charge
All rates are subject to a 10% Hotel Accommodation Tax and a 5% Service Charge. Deposits and balances are calculated on the total reservation cost, inclusive of tax and service charge.
Rates offered
The Aerial, BVI offers three direct rates: Room & Breakfast, the All-Inclusive Wellness Getaway, and the All-Inclusive Wellness Getaway – Prepaid (10% savings).
Room & Breakfast deposit policy
A 25% deposit of the total reservation cost, inclusive of government tax and service charge, is due at the time of booking to secure the stay.
The remaining 75% balance is due 30 days prior to arrival.
Any extra costs or incidentals are to be settled directly upon departure.
All-Inclusive Wellness Getaway deposit policy
The all-inclusive rate includes the Room, all food and drinks throughout the stay, and transfers to and from The Aerial from locations within Tortola.
A 25% deposit of the total reservation cost is due at the time of booking to secure the stay.
The remaining 75% balance is due 30 days prior to arrival.
All-Inclusive Wellness Getaway – Prepaid (10% savings) payment policy
This rate includes everything in the All-Inclusive Wellness Getaway at a 10% saving on that rate.
Payment of 100% of the total reservation cost is due at the time of booking to secure the stay.
Room & Breakfast rate and fees
Transfers are not included in the Room & Breakfast rate. Guests may purchase a round-trip taxi transfer in Tortola for $150 per person.
Any additional activities listed as chargeable in the brochures will incur extra costs.
Day Pass payment policy
Payment of 100% of the Day Pass cost is due at the time of booking to secure the visit.
A completed credit card authorization form is required to confirm the booking.
Day Pass visits are subject to availability and may not be offered on dates when the island is booked for Exclusive Use.
Promotions
Promotions are not combinable with other promotional offers or discounts.
Each promotion is valid as a standalone offer and subject to its specific Terms and Conditions.
Promotions are only applicable to new reservations and do not apply to existing bookings made prior to the promotion’s start date.
4. Check-in & check-out
Check-in time is 3:00 PM and check-out is 11:00 AM.
Early arrivals and late departures are at the discretion of management and may incur an additional cost.
5. Cancellation policy
To secure your reservation, the applicable deposit or payment listed above is required.
All reservations, deposits, and other payments are non-refundable.
A one-time transfer of stay dates is permitted with at least 14 days’ written notice prior to arrival.
The new stay must take place within 365 days of the original arrival date and is subject to availability and any applicable rate adjustments.
As with any travel, the Company strongly recommends that travel insurance is purchased to provide cancellation or interruption coverage.
The Client must submit any cancellation or transfer request clearly and in writing, and the Company will confirm the request in writing.
If requested, the Company can provide documentation of forfeited payments for travel insurance purposes.
The Client acknowledges there may also be cancellation fees levied by affiliates, third-party service providers, and transfer operators. The Company will advise the Client of any such additional fees in due course.
Room & Breakfast cancellation policy
Reservations are non-refundable.
A 25% deposit is due at the time of booking, with the remaining 75% balance due 30 days prior to arrival.
A one-time transfer of stay dates is allowed with at least 14 days’ written notice prior to arrival.
The new stay must take place within 365 days of the original arrival date and is subject to availability and any applicable rate adjustments.
All-Inclusive Wellness Getaway cancellation policy
Reservations are non-refundable.
A 25% deposit is due at the time of booking, with the remaining 75% balance due 30 days prior to arrival.
A one-time transfer of stay dates is allowed with at least 14 days’ written notice prior to arrival.
The new stay must take place within 365 days of the original arrival date and is subject to availability and any applicable rate adjustments.
All-Inclusive Wellness Getaway – Prepaid (10% savings) cancellation policy
Reservations are non-refundable.
100% of the total reservation cost is paid at the time of booking.
A one-time transfer of stay dates is allowed with at least 14 days’ written notice prior to arrival.
The new stay must take place within 365 days of the original arrival date and is subject to availability and any applicable rate adjustments. The 10% saving applies to the original dates only and may be re-priced on transfer.
Day Pass cancellation policy
Day Passes are paid 100% in advance and are non-refundable.
If the Client cancels in writing at least 14 days before the visit date, the full amount paid will be held as a credit for 365 days from the original visit date.
The credit must be used to book and complete a new visit within those 365 days, subject to availability. Any credit not used within 365 days is forfeited.
Cancellations made less than 14 days before the visit date, and no-shows, forfeit the full amount paid.
6. Force majeure
The Company acts on the advice given by the government and the Department of Disaster Management of the British Virgin Islands.
If flights are grounded because of war, terrorism, severe weather, or any other act of God, or the Client is advised by the government that it is unsafe to travel, the Company will use reasonable endeavors to assist the Client in postponing the stay to a future date.
If the Client is forced to leave The Aerial early due to severe weather conditions, the Company will use reasonable endeavors to offer the best alternative dates equivalent to the number of days lost at a future time.
Please contact the Company’s reservations team with concerns about traveling due to war, terrorism, or severe weather.
7. Substitution
In the event that the Room is unavailable, out of order, or deemed substandard by the Company for any reason, the Company reserves the right to either:
(a) substitute the Room with comparable accommodation; or
(b) cancel the reservation and refund the full deposited amount.
8. Security deposits
The Client is required to provide the Company with a valid credit card number as collateral for any loss or damage to the Room or its contents during the Client’s occupancy.
The Company reserves the right to charge the Client’s credit card for any damaged or lost items.
The Client will be notified before any charges are applied to their credit card.
9. Pets
No pets are allowed in the Rooms without the prior consent of the Company.
No pets are allowed in any Resort facilities at any time.
10. Smoking
Smoking is strictly prohibited inside and around the Rooms.
A minimum penalty of $500 will be imposed for any evidence of smoking in or around the Room, including but not limited to smell, discoloration, or burn marks.
11. Personal property
The Company is not responsible for any loss or damage to personal property belonging to the Client and/or their guests.
12. Tidiness and damage
The Client shall inspect and ensure, within four hours following check-in, that the Room and all furniture and fixtures are in good order and condition.
The Client shall promptly inform the Company of any damage caused to the Room or its contents during the rental period.
The Client shall incur all charges for any such damage and for any missing items, as determined by the Company.
13. Issues during stay
The Company must be alerted by the Client prior to departure of any issues experienced during the stay.
14. Filming and photography
Filming and photography are permitted for private purposes.
However, any professional filming and photography will require the written approval of management in advance and may require official film and work permits from the BVI Government.
15. Entire agreement; variation and waiver; severance
These Terms and Conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto.
The Company reserves the right to alter these Terms and Conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided for the Client’s booking.
The amended Terms and Conditions will apply to any Client booking that commences after the date of such notification.
No other variation, waiver, or release of these Terms and Conditions shall be effective unless made by the Company and notified to the Client accordingly.
If any part of these Terms and Conditions is void or unenforceable under applicable law, it shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
16. Disputes
In the event that any dispute should arise between the Client and the Company that cannot be resolved speedily and amicably, the matter in question shall be resolved by arbitration in the British Virgin Islands in accordance with British Virgin Islands law.
17. Activities and risk
By purchasing, the Client understands the risks involved in participating in activities including, but not limited to:
Swimming in the ocean and infinity pool without a lifeguard, transportation in island Moke buggies, hiking and trekking, use of the island gym and fitness equipment, use of watersports equipment, attendance at third-party excursions, consumption of alcohol, boating activities, use of stairs, dimly lit areas, and other activities associated with residing on the premises.
The Client willingly agrees to comply with all stated and customary terms and conditions for participation.
If the Client observes or becomes aware of any hazardous condition during their stay, they agree to avoid the hazardous condition, terminate participation, and immediately notify an appropriate staff member.
The Client understands that consumption of alcohol or other mind-altering substances, improper use of equipment, using equipment while under the effects of any substance, and failure to exercise caution may increase these risks.
18. Injury
The Client assumes the risk of injury by participating in activities at The Aerial.
The Client understands and accepts that participation may carry a risk of serious bodily injury, illness, disability, emotional trauma, damage to property, and/or death.
The Client expressly and voluntarily assumes full responsibility for these risks from any cause, including negligence, defective products, unknown obstacles, equipment malfunction, food poisoning or other food/water-related illness, inadequate training, failure to supervise, and failure to warn of potential risks.
By residing at The Aerial, the Client knowingly and freely assumes all such risks, both known and unknown, and assumes full responsibility for any injury sustained as a result of their participation.
19. Liability waiver, release, and promise not to sue
The Client, on behalf of themselves and each of their successors, heirs, and assigns, unconditionally and irrevocably waives liability, releases, promises never to sue, forever discharges, and relinquishes any and all rights, claims, demands, suits, actions, losses, damages, costs, and expenses that they may incur or have against The Aerial, its affiliates, and associated released parties arising from or related to their participation.
This includes claims arising from or related to the actions or omissions of released parties, other participants, staff, third parties, training or supervision, failure to warn of hazards, conditions on the premises, transportation, weather conditions, and other operations associated with the stay.
20. COVID-19 waiver
The Client acknowledges the contagious nature of COVID-19 and voluntarily assumes the risks associated with potential exposure during travel and their stay at The Aerial.
The Client acknowledges that The Aerial cannot guarantee that the Client, members of their family, or anyone coming into contact with them will not become infected.
Should the Client test positive or be required to quarantine, the Client is responsible for all associated costs, including additional accommodation, medical treatment, transportation, quarantine, and any other related expenses.
The Client is expected to travel with appropriate travel insurance covering COVID-19-related trip interruption, additional accommodation, and medical care, and to bring any essential medications.
21. Indemnity
The Client agrees to release the Company, Owner, and staff from, and to indemnify and hold harmless the Company, Owner, and staff against any and all claims, demands, fees, causes of action, liability, loss, damages, injury, death, costs, and expenses arising out of or connected with the Client’s use of the Room.
22. Consent to medical care
The Client authorizes the Released Parties to call for medical care or transport them to a medical facility at the Client’s expense if medical attention is required.
The Client also authorizes any physician, medical provider, or facility to provide emergency medical or surgical care where necessary.
23. Consent to good conduct
The Client agrees to comply with The Aerial’s general standards of appropriate conduct and behavior.
This includes following all applicable laws and regulations, treating all staff and other guests with respect, and adhering to The Aerial’s zero-tolerance sexual harassment policy.
Any gross misbehavior, misconduct, or neglect may result in dismissal from the premises at the discretion of The Aerial, BVI management team.
Such dismissal will not result in any refund or compensation.
In consideration of being allowed to partake in activities and use the facilities at The Aerial, the Client personally assumes all risks for any harm, injury, or damage that may occur while on The Aerial premises.
The Client further releases, exempts, and holds harmless the Released Parties from any claim or lawsuit and assumes full financial responsibility for the complete cost of any damage to or loss of property during any activity at The Aerial.
By purchasing, the Client recognizes that they are waiving substantial legal rights they may otherwise have to recover damages for injuries or losses.
The Client confirms that they accept these terms voluntarily and intend for them to be enforced to the greatest extent permitted by law.
The Client also agrees to adhere to the terms stated herein as a condition of their use, and the use of their family, guests, and invitees, of this vacation rental property.