GENERAL:

These Terms and Conditions ("Terms"), including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services on www.oneandonlyresorts.com website (the "Site"), owned and operated by Kerzner International Resorts, Inc. on behalf of its affiliated companies, including One&Only Resorts Limited and its affiliated One&Only resorts including Palmilla JV, LLC and PIV, Inc. (collectively "One&Only Palmilla", "us" or "we"). These Terms (which also incorporate our Privacy Policy are a legally binding agreement between you and One&Only and govern your use of this Site as well as all accommodations, transportation, services and activities included in the Resort stays described on our Site ("Services").

BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY.

We may make changes to these Terms and Conditions from time to time in our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the reservation page for One&Only Palmilla. Please check them regularly to take notice of any changes. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes.

These Terms and Conditions apply to all transportation, accommodations, packages, services and activities included in the trips described on our Site. All such arrangements are made through One&Only Palmilla, an affiliate of Kerzner International Resorts, Inc. By making a reservation for a trip described in our Site, you accept and agree to these Terms and Conditions as applicable to that trip.

OUR PRIVACY POLICY:

The information that we obtain through your use of our Site, whether through the reservation process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains the provisions that govern our collection, use and disclosure of the information you provide to us, including our respective rights relative to that information and are a part of these Terms and Conditions. Please review our Privacy Policy before you use our Site and/or services. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our Site and/or services.

IMPORTANT NOTE: CURRENCY CONVERSIONS

Please note that the currency conversions shown on the Site are for comparison purposes only. Hotel bookings will be made in the local currency originally displayed for the relevant hotel and the actual currency conversion rate will vary from time to time. The currency rates used are compiled from a variety of public sources and are only updated on a daily basis. Any reliance upon the currency rates provided is at your own risk and KIRI accepts no responsibility for any adverse consequences.

PAYMENT POLICY

All rates are per unit per night room only and quoted in USD (no breakfast included).
Two nights deposit will be required at the time of the reservation.
The rates are exclusive of government tax and service charge as presently applicable, and are non- commissionable.
Applicable Taxes/Services Charges: A 19% sales and occupancy tax and 15% service charge is to be added to the nightly room rate. A 16% sales tax and 15% service charge will be added to all food and beverage charges. A 16% sales tax applies for golf green fees – no service charge applies. A 16% sales tax is added to all other purchases at the resort.
If government tax rates change, the prevailing tax rates at the time of your stay will be charged.
The hotel reserves the right in the event of new taxes being imposed to introduce these in accordance with Mexico law.
Smoking is not permitted in any of the accommodations, restaurants or in the public areas. Smoking will is permitted in the accommodation terraces (outdoors ONLY), and bars.
Check in time for all guests is 3:00 PM. Check out time is 12:00 PM local time. Early check in / late checkout subject to availability and not guaranteed.
Full room charge would apply for Early Departures.
As a result of a change in Mexican regulations, One&Only Palmilla can no longer accept settlement of any bills in US dollars. Instead, all accounts need to be settled by credit card.

CHILD AND SHARING POLICY

Occupancy is limited to (3) adults per room (12 years or older). A third adult in the room will incur a charge of USD $75.00 per night, plus tax and service charge.
Two children under 11 years or younger on the arrival date (Resort Management may require proof of age), and who are sharing a room with one or more adults using the existing bedding, will be accommodated stay at no additional cost and will only pay for all meals, extras and incidentals.
Rollaway beds are permitted in all room categories and available at a rate of $35.00 per night. A maximum of one rollaway bed will be allowed in each room.
A crib is provided free of charge in the room, upon request.
Maximum occupancy per room 4 guests (two adults and two children under 11 years old OR three adults and 1 child under 11 years old).

TRANSFERS

$160 per vehicle / 4 persons max / each way
TYPE OF VEHICLE
Escalade or Suburban dependent on availability

If airport transfers are included in your stay, a representative of One&Only Palmilla will be located outside the baggage claim area. Please plan to depart the resort 2 1/2 hours prior to your scheduled flight’s departure time to allow for check in and clearing of Mexico’s Customs and Immigration at Los Cabos International Airport. Upon arrival into the US, you will be required to clear the United States Customs and Immigrations and proceed to your next destination.

If airport transfers are included in your stay, a representative of Palmilla will be located outside the baggage claim area. Please plan to depart the resort 2 1/2 hours prior to your scheduled flight's departure time to allow for check in and clearing of Mexico's Customs and Immigration at Los Cabos International Airport. Upon arrival into the US, you will be required to clear the United States Customs and Immigrations and proceed to your next destination.

SERVICES/FACILITIES AT A SURCHARGE

Health & Beauty Spa – One&Only Spa
Excursions – nearby
Motorized Water Sports
Scuba Diving – nearby
Deep Sea Fishing – nearby
One&Only Palmilla’s boutique
Baby-sitting – to be booked 24hrs in advance
Wedding services
Conference facilities
Golf on the signature Jack Nicklaus course – nearby
Golf cart, golf trolley and any golf equipment rental
Lessons with a Golf Pro
Tennis – 2 floodlit tennis courts open daily. Lessons and rentals at a surcharge
Lessons with a Tennis Pro
Tours aboard the One&Only Yacht
Lessons with a Surfer Pro
Cooking classes
Art classes with a local artist
Pet Sitter or Pet Butler - to be booked 24hrs in advance

COMPLIMENTARY SERVICES/FACILITIES

24 hour butler service
Fresh fruit of choice and water – Delivered daily to the room
Choice of cocktail snacks – Delivered daily to the room
In-room espresso and tea services
Daily Wellness activities at Fitness Center – Open daily
Basketball – half court open daily
KidsOnly Club – One&Only KidsOnly Club for children aged 4 to 11 years (4 year olds must be accompanied by parent or babysitter and be potty trained). Open daily
TeensOnly – Club for teens aged 12 to 16 years. Open from Wednesday to Sunday. Open Daily
Non-motorized sports at Pelican Swimmable Beach (includes kayaking, snorkeling and standup paddle boarding)
Crib

CANCELLATION , GUARANTEE, AND MINIMUM STAY POLICY

Winter 2019 ( 2 January – 30 April / 27 - 30 November )
Winter 2020 ( 2 January – 30 April )

Up to 28 days prior to arrival: there will be no cancellation penalty charge.
27- 0 days prior to arrival: cancellation penalty charge of 2 nights (or full stay if less than 2 nights) of full rate applicable will apply in case of no show/changes/reduction in the number of the nights .
Early departures: Full length of stay will apply (100% of booked room nights will be charged).
Any arrivals crossing over the following national holidays require a minimum length of stay: Presidents Day, Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving Day.
Villa Cortez/Villa One &One&Only Pool Casita: Two (2) night deposit will be required at time of reservation; remaining balance of the stay is due 30 days prior arrival date. Any cancellations or changes made after 30 days prior arrival are subject to full forfeiture of total deposit received. Early departures from the resort are subject to full penalty.

1 May - 31 May 2019 / 1 October - 26 November 2019 / 1 December - 18 December 2019
1 May - 31 May 2020 / 1 October - 24 November 2020 / 29 November - 18 December 2020

Up to 14 days prior to arrival: there will be no cancellation penalty charge.
13 days prior to arrival: cancellation penalty charge of 2 nights (or full stay if less than 2 nights) of full rate applicable will apply in case of no show/changes/reduction in the number of the nights .
Early departures: Full length of stay will apply (100% of booked room nights will be charged).
Any arrivals crossing over the following national holidays require a minimum length of stay: Presidents Day, Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving Day.
Villa Cortez/Villa One &One&Only Pool Casita: Two (2) night deposit will be required at time of reservation; remaining balance of the stay is due 30 days prior arrival date. Any cancellations or changes made after 30 days prior arrival are subject to full forfeiture of total deposit received. Early departures from the resort are subject to full penalty.

1 June - 30 September 2019
1 June - 30 September 2020

Up to 7 days prior to arrival: there will be no cancellation penalty charge.
No Deposit will be required at the reservation time.
6 days prior to arrival: cancellation penalty charge of 2 nights (or full stay if less than 2 nights) of full rate applicable will apply in case of no show/changes/reduction in the number of the nights .
Early departures: Full length of stay will apply (100% of booked room nights will be charged).
Any arrivals crossing over the following national holidays require a minimum length of stay: Presidents Day, Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving Day.
Villa Cortez/Villa One &One&Only Pool Casita: Two (2) night deposit will be required at time of reservation; remaining balance of the stay is due 30 days prior arrival date. Any cancellations or changes made after 30 days prior arrival are subject to full forfeiture of total deposit received. Early departures from the resort are subject to full penalty.

19 December 2019 - 1 January 2020
19 December 2020 - 1 January 2021

2 nights deposit is due at the time of reservation. Remaining balance of the stay is due by 1 July.
The reservation becomes NON-REFUNDABLE for any cancellations or changes made after 1 October.
Early departures/no show: Full length of stay will apply (100% of the booked room nights will be charged).

Christmas

19 - 25 December 2019

New Year

26 December - 1 January (2020/2021)

Terms & Conditions

One&Only Palmilla reserves the right not to provide exemptions from its cancellation policy for medical matters, inclement weather conditions or any other unforeseen circumstances.
In case of a shortened length of stay, the above cancellation policy will apply for the cancelled nights.
To avoid disappointment, we recommend the purchase of adequate travel insurance prior to confirming a reservation and accepting the terms and conditions of One&Only Palmilla’s cancellation policy.

ON-SITE ASSISTANCE:

If you need assistance during your stay, stop by the One&Only Palmilla Concierge Desk located in the lobby or press the concierge button from your room phone.

SPECIAL POLICY FOR OUR FRIENDS IN MEXICO:

According to Mexico’s Federal Law for the Protection of Personal Data in the Possession of Private Entities, currently in effect, we would like to inform you that Kerzner Palmilla Hotel Partners S. de R.L. de C.V., known as “One&Only Palmilla”, located at Kilometer 7.5 Carretera Transpeninsular, S/N, Colonia Punta Palmilla, San José del Cabo, C.P. 23400, Baja California Sur, Mexico, will handle your personal data in order to make your reservation and serve you as a guest.

Our complete privacy statement is available upon request at our address. To obtain further information about the terms and conditions for the handling of your personal data, the third parties with whom your personal information may be shared, the mechanisms and procedures for exercising your rights of access, rectification, cancellation, and opposition, the revocation of the consent you previously granted us, the limitation of the use or distribution of your data, as well as the manifestation of your refusal to have your personal data handled, please send us an Email to proteccion.datos@oneandonlypalmilla.com. Upon receipt, we shall be pleased to provide you with the information you require and send you our complete Privacy Statement.

TRAVEL AGENTS - PASSWORDS AND SECURITY:

A travel agent account is required to access certain portions of the Site and/or Services and may be accessed and used only by those authorized persons who are registered with us. To open a travel agent account, you must be a travel agent and complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. In registering for such services, you agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right, but not the obligation, to suspend or terminate your access to the Site and/or use of the Services and/or seek updated information from you.

You are solely responsible for any and all activities that occur under your travel agent account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized access to your account by others.

You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.

OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:

The contents of our Site are intended for the personal use of users of this Site. This Site is owned and operated by Kerzner International Resorts, Inc (the "Company"). All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site.

Except as expressly provided in this Terms and Conditions, nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.

YOU AGREE NOT TO USE OUR SITE TO:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without our prior express written permission and systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

If we believe that anyone has violated this provision or any other provision of these Terms and Conditions or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person.

LINKS TO OTHER WEBSITES:

Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:

Your dealings with advertisers and third party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.

One&Only Palmilla and/or its suppliers, in making arrangements for the transportation, accommodations and other services referred to herein if any, acts only as an agent for the owners and operators of such transportation, accommodations and services or facilities, and its responsibility are limited to that of an agent. The airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. The passage contract in use by the airlines concerned, when issued, shall constitute the sole contract between the airlines and the purchaser of their tours and/or passenger. One&Only Palmilla and its tour operator do not assume responsibility for errors or omissions within the content of this Site.

COMPLIANCE WITH LAWS:

You agree to comply with all applicable laws regarding your use of our Site.

MODIFICATION TO OUR SERVICES:

We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.

INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES:
BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT:

YOUR USE OF THE OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK. OUR SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE AND/OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

LIMITATION OF LIABILITY:

YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:

You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms and Conditions or (d) your violation of any rights of another party.

LIMITATION OF ACTIONS BROUGHT AGAINST US:

You agree that any claim or cause of action arising out of your use of our Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.

SELLER OF TRAVEL:

PIV, Inc is a registered seller of travel in Florida ST21665.
Effective Date: 1 January, 2014