Terms and 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, the 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”). No modifications to the Terms and Conditions shall be valid unless expressly accepted and confirmed in writing by the Company.

3. DEPOSITS & PAYMENTS 

Payment constitutes agreement and understanding of the terms and conditions. The Company reserves the right to cancel the booking if any payment is not received when due hereunder, and in this event, the Client will be deemed to have forfeited the Deposit. Payment can be made by wire transfer or credit card. 

Flexible Rate Deposit Policy: A deposit 50% of the total amount of the reservation will be collected upfront. The pending balance (50%), is due at check-in.

Non-Refundable Rate Deposit Policy: A deposit of the total amount of the reservation will be collected upfront. A one-time transfer of stay dates is allowed with 14 days written notice prior to arrival. The transfer date must be within 1 year of original arrival.

Accommodation-Only Deposit Policy: A deposit equal to 100% of the total (inclusive of the government tax and service fee) is due at the time of booking. Any extra costs or incidentals are to be settled directly upon departure, which will include a $65.00 per person per day resort fee. Resort fees can be omitted if the guest does not elect to utilize any resort facilities outside of those available at the main residence. Payment can be made by wire transfer or credit card.

Accommodation-Only Rate and Fees: Guests selecting the Accommodation-Only option are required to pay a compulsory daily resort fee of $65 per person, which grants access to resort facilities, including trails, scheduled activities on the weekly calendar, and amenities like volleyball, table tennis, and non-motorized watersports equipment. Additionally, 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.

4. CHECK-IN & CHECK-OUT 

Check-in time is at 3 pm, and check-out is at 11 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, a deposit, as listed above, is required. Please note that this deposit is non-refundable under any circumstances. As with any travel, the Company strongly recommends that travel insurance is purchased, which will provide full cancellation or interruption coverage. The Client must send any and all cancellations clearly and in writing to avoid any errors. The Company will then confirm the cancellation with the Client in writing. If requested, the Company can also provide letters indicating that deposits have been forfeited in order to assist with any travel insurance claims. While all deposits and other payments are non-refundable, on cancellation, the Company will endeavor to all reasonable extents to rebook the Client on a future trip. The Client acknowledges there may also be cancellation fees levied by affiliates/third parties such as service providers and transfer operators. The Company will advise the Client of these additional cancellation fees in due course once the Company has this information, and, if requested, the Client will refund the Company in respect of such fees forthwith.

Flexible Rate Cancellation Policy: Cancellations made 30 days before arrival, a 30% penalty fee is charged on the initial deposit. With less than 30 days, 100% penalty fee. A deposit 50% of the total amount of the reservation will be collected upfront. The pending balance (50%), is due at check-in.

Non-Refundable Rate Cancellation Policy: Non-refundable at anytime. A deposit of the total amount of the reservation will be collected upfront. A one-time transfer of stay dates is allowed with 14 days written notice prior to arrival. The transfer date must be within 1 year of original arrival.

Accommodation-Only Cancellation Policy: This rate is non-refundable at any time. The full amount of the reservation will be collected upfront. A one-time transfer of stay dates is allowed with at least 14 days’ written notice prior to arrival, with the new stay dates required within 1 year of the original arrival date.

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, then 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 time of occupancy of the Client. 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 his/her 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 $500.00 will be imposed for any evidence of smoking in and 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 his/her 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 and 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 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 as well as potentially 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 by the Client 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 it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted, and the remaining provisions of these terms and conditions 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(s) in question shall be resolved by arbitration in the British Virgin Islands in accordance with British Virgin Island law. 

17. ACTIVITIES AND RISK 

By purchasing, the Client Understands The Risk Involved In Participating in Activities, including but not limited to Swimming (ocean and infinity pool without a lifeguard), being transported in island Moke buggies, hiking/trekking, using the island gym and fitness equipment, use of all equipment including water sports equipment, attending third-party excursions, the consumption of alcohol, and boating activities, and any other activities not listed here that are part of residing on Premises including the use of stairs, dimly light areas, use of residence toiletries, etc. The Client willingly agrees to comply with the stated and customary terms and conditions for participation. If, however, the Client observes or becomes aware of any hazardous condition during attendance, the Client will avoid such hazardous conditions, terminate their participation and immediately notify an appropriate staff member of such condition. The Client understands that the consumption of alcohol or any other mind-altering substance, improper use of equipment, using equipment while under the effects of any substance, and not exercising caution at all times could increase these risks. 

18. INJURY 

The Client assumes the risk of injury by participating in the event. The Client understands and accepts that participating in the above activities puts them at risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property, and/or DEATH (“Injuries”). The Client expressly and voluntarily assumes full responsibility for these risks, from any cause, including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, food poisoning, or other food/water-related illness, including from Aerial BVI dining/beverage service, inadequate training, failure to supervise and failure to warn of potential risks. The Client understands that these risks may be caused by Aerial, other participants, staff, themselves or other third persons. BY RESIDING AT THE AERIAL, THE CLIENT KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (defined below) or others, and whether or not covered by personal health or other types of insurance; and the Client assumes full responsibility for any injury they may sustain as a result of their participation in the Event. 

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 waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that they may incur or have against Aerial, its affiliates, and all officers, employees, agents, personal representatives, parents, subsidiaries, affiliates, successors and assigns of the foregoing and each of their respective owners, officers, shareholders, directors, employees and agents (collectively, all of the forgoing being the “Released Parties”), arising from or related to their participation including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, staff, or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) the conditions on or about the Event premises; (v) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vi) transportation; (vii) weather conditions; and/or (viii) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”). 

20. COVID-19 WAIVER 

The Coronavirus can cause COVID-19, which is declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is thought to spread from person to person, mainly through contact, or respiratory droplets produced when an infected person coughs, sneezes, or talks. There presently is no known practical way to completely eliminate the possibility of transmission of Coronavirus within social gatherings. Aerial BVI has instituted certain measures recommended by federal, state, and local authorities to mitigate the spread of COVID-19. However, Aerial cannot guarantee that the Client, or any member of the Client’s family or anyone who comes in contact with them, will not become infected with COVID-19. Further, the Client’s participation and travel increase the risk of the Client contracting COVID-19. By signing this agreement: (1) the Client acknowledges the contagious nature of COVID-19; that the Client has read and understood the above warnings regarding COVID-19; and that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions or negligence of themselves and others, including, but not limited to, Aerial and (2) the Client voluntarily assumes all risks that they may be exposed to the Coronavirus by participating in the Event and its related activities; that such exposure may result in their contracting COVID-19 which consequently can cause illness, personal injury, permanent disability and/or death; and that the Client knowingly accepts sole responsibility for any injury to themselves (including, but not limited to, COVID-19, disability and death) and all damages, losses, expenses, claims, and liabilities, of any kind related to COVID-19 which the Client may suffer or incur resulting from their participation in the Event and its related activities. The Client also acknowledges that if they contract COVID-19 or are identified in a contact tracing investigation in their travels to The Aerial BVI or while at The Aerial BVI, they will have to be quarantined for at minimum 10 days or another amount of time set out by the BVI Ministry of Health, and will incur personal costs for this extended stay. If the Client receives a positive COVID-19 test result during the rental period, then: (a) Client may not be entitled to remain in the Room and may be required, at Client's expense, to evacuate or relocate to alternative accommodations, and (b) Client shall be responsible for all associated costs related to thereto, including without limitation, the cancellation and/or early departure from the villa, the costs of quarantine, housing, medical treatment, and transportation. The Client also understands that the Client is expected to travel with travel insurance that covers COVID-19 trip interruption, the cost of additional accommodation, and/or medical care during their travels as well as to bring any essential medications. They otherwise acknowledge that they are responsible for these additional costs if they do not purchase insurance coverage. 

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 claims, injury or death, costs, and expenses, including attorney fees by whomsoever made, arising out of or connected in any way with, directly or indirectly, the Client’s use of the Room. The Company shall be deemed to include members, owners, officers, directors, employees, agents, representatives, successors, and assigns, and the Client shall be deemed to include the Client’s invitees, employees, agents, successors and assigns, and independent contractors. 

22. CONSENT TO MEDICAL CARE 

The Client authorizes each of the Released Parties to call for medical care for them or to transport them to a medical facility at their expense if medical attention is needed. The Client also authorizes any physician or other medical provider or facility to provide any emergency medical/surgical care. The Client acknowledges and agrees that none of the Released Parties, as that term is defined in paragraph 3 (above), is under any legal obligation to render assistance to them. 

23. CONSENT TO GOOD CONDUCT 

The Client consents to Aerial’s general standards of appropriate conduct and behavior, including following all applicable laws/regulations, treating all staff and other guests with respect, adhering to Aerial’s no-tolerance sexual harassment policy, and recognize that any gross misbehavior, conduct, or neglect can result in their dismissal from the Premises at any time. This dismissal is solely at the discretion of The Aerial BVI management team and will not result in any refund or compensation. 

In consideration of being allowed to partake in activities and use the facilities at The Aerial, I hereby personally assume all risks for any harm, injury, or damage that may befall me while on The Aerial premises. I further release, exempt, and hold harmless the released parties from any claim or lawsuit. I expressly assume all financial responsibility for the full and complete cost of any damage to or loss of property during any activity at The Aerial. 

By purchasing, the Client recognizes they are waiving substantial legal rights they may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without the inducement of any nature and intend for it to be enforced to the greatest extent allowed 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.