The Cotton Tree Company Limited
Terms and Conditions

These terms are applicable to all contracts of any kind made by The Cotton Tree Company Limited ("CT") and its guests (the "Guests") and apply to all reservations and bookings and the use of all facilities at Cotton Tree.

1. Interpretation

1.1 In these conditions:
"Accommodation" means the Cottages at Cotton tree, the pool and outdoor spaces provided by CT and includes ancillary facilities such as the provision of bicycles, welcome amenities, toiletries and other matters associated with the provision of the accommodation by CT and associated services such as daily housekeeping and the maintenance of public spaces;

"Arrival" means the date on which the facilities are to be provided or on which they shall start to be provided by CT;

"Breakages" means the breakages and damage referred to in Clause 5;

"Cottage" means a cottage or the apartment at CT;

"Event" means a wedding, party, or other function held at CT;

"Guest" means the person or persons for whom CT has agreed to provide Accommodation in accordance with these Terms and as the case may be any person staying at the Accommodation pursuant to the contract entered into between such person and CT for the provision of the Accommodation;

"Services" means the provision of other services by Service Providers as described in writing by CT and on its website or in its brochure and as agreed from time to time by CT and the Guest;

"Service Providers" mean the providers of services, including chefs, fitness instructors and massage therapists approved by CT;

"Schedule" means the schedule to these Terms;

"Standard Charges" means the charges shown in any brochure, or the website of CT or other published literature relating to the Services in force from time to time:

"Terms" means these terms and conditions;

"External Contractor" means production companies, audio visual companies, television, video or film crews, musicians, bands, live acts and any other performers, toastmasters, florists, photographers and designers and any other person who is contracted by the Guest but does not include any Service Providers.

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

2. Agreement to provide Accommodation



2.1 CT agrees to provide Accommodation to the Guest on these Terms subject to CT confirming the reservation details and to the Guest paying for the Accommodation in accordance with these Terms. Until these conditions are satisfied there is no contract between CT and any person for the supply of Accommodation.

2.2 The Guest shall supply CT with all necessary information required by CT relating to the provision of Accommodation within sufficient time to enable CT to provide the Accommodation in accordance with these Terms. The Client shall ensure the accuracy of all such information.

2.3 CT may at any time without notifying the Guest make any changes to the provision of the Accommodation which are necessary to comply with any applicable safety or legal requirements, or which do not materially affect the nature or quality of the Accommodation provided.

2.4 CT may provide alternative accommodation of comparable standard to the Guest if the Accommodation booked is not available, unfit for occupation, for example as a result of flooding or faulty air conditioning.

2.5 The Guest agrees that a maximum of 4 persons (or 6 persons in the case of any Cottage with a sleeper sofa and 2 persons in the case of the apartment) may occupy each Cottage. Children under the age of 2 shall not be included for the purposes of calculating the number of persons for these purposes.

2.6 Unless otherwise agreed by CT any booking of Accommodation shall be a minimum of 3 nights in the low season (May-October) and 5 nights in the high and Christmas seasons (November-April).

2.7 The Guest agrees to sign a credit card authorisation in accordance with the timetable set out in the schedule authorising CT to charge for Accommodation, Services and incidentals, including breakages, in accordance with these Terms.

2.8 CT may cancel the contract to provide the Accommodation in the event that it believes in its absolute discretion that it is unable to provide Accommodation due to fire, flood or other natural disaster or in the event that a hurricane watch or warning is in effect less than four days prior to Arrival of the Guest or CT believes in its absolute discretion that the Cayman Islands is likely to be affected by hurricane force winds during the period the Guest is staying at CT. If the contract to provide Accommodation is cancelled by CT in accordance with this clause, CT shall treat the contract as if it had been cancelled by the Guest with the consequences set out in these Terms except that it shall give a 100% credit for the price of the Accommodation booked.

3. Supply of Services



3.1 CT agrees to provide or arrange for the Services as required by the Guest.3.2 Any contract for the provision of Services shall be between the Service Provider and the Guest. CT does not enter into any separate contract with the Guest in relation to the provision of Services.

3.2 CT may include the Service Provider's charges in its charges to the Guest for Accommodation in accordance with these Terms and the Schedule.

3.3 CT shall have no liability for any loss or damage caused by or resulting from the provision of the Services or by the Service Providers and CT makes no representation or warranty in relation to the quality or fitness for the purpose of the Services or the Service Provider.

3.4 The Guest shall supply CT with all necessary data or other information relating to the Services within sufficient time to enable the Service Provider to provide the Services. The Guest shall ensure the accuracy of all such information.

3.5 If the Guest has any condition or circumstances that may affect the Services provided or the effect of the Services on the Guest, it is the responsibility of the Guest to notify the Service Provider of such conditions or circumstances and CT has no obligation to do so.

4. Charges



4.1 The charges payable by the Guest in respect of Accommodation shall be detailed in writing by CT at the time of the reservation. If no charges are specified, the Guest shall pay the Standard Charges at the prevailing rate on the day the Accommodation is provided.

4.2 The charges for Services shall be agreed between the Guest and the Service Provider.

4.3 CT may vary the Standard Charges from time to time.

4.4 All charges quoted to the Guest for the provision of Accommodation are subject to the addition of a further amount equal to the tax payable under the Tourist Accommodation (Taxation) Law in respect of the provision of the Accommodation.

5. Breakages

The Guest agrees to pay to CT the replacement cost or, if less and provided CT determines that repair is possible and a suitable substitute for replacement, the repair cost in relation to any damage, breakages or loss (excluding usual wear and tear) exceeding US$50.00 in respect of each item or in aggregate. This clause, and CT's entitlement to charge such breakages in accordance with the Guest's credit card authorisation, shall only apply when the replacement cost or repair cost does not exceed US$2,000. If the replacement cost or repair cost exceeds US$2,000, CT will discuss compensation and payment separately with the Guest.

6. Payment

6.1 The Guest agrees to pay CT for the Accommodation in accordance with the Schedule.

6.2 If the Guest requests changes to the Accommodation after the contract with the Guest have been concluded, CT may but is under no obligation to accommodate any such changes.

6.3 The Guest agrees to pay for the Breakages in accordance with these terms and the Schedule.

6.4 The Guest agrees that CT may add the charges of any Service Provider to its charges for Accommodation and any Breakages in accordance with these Terms.

7. Cancellation Charges



7.1 The Guest agrees to pay cancellation charges to CT in the event the Guest cancels the contract between CT and the Guest for the provision of Accommodation. If the Guest fails to take up the Accommodation on the date of Arrival, CT may treat the Guest as having cancelled the contract to provide the Accommodation and CT may impose cancellation charges accordingly. The cancellation charges are calculated by reference to the Schedule.

7.2 If the Guest fails to stay at Cotton Tree for the full period the Guest has booked, the Guest shall be required to pay for the full period booked unless CT determines otherwise in its absolute discretion.

8. Variation


Any variation of numbers, type of Accommodation and any other requirements in connection with the provision of Accommodation once a contract has been entered into between the Guest and CT shall only be binding if agreed by the Guest and CT in writing.

9. Liability of The Cotton Tree Company Limited



9.1 CT does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any services or matters provided by a third party to the Guest.

9.2 CT shall have no liability to the Guest for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Guest which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Guest.

9.3 Except in respect of death or personal injury caused by CT's negligence, CT shall not be liable to the Guest or any person by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of CT, its servants or agents or otherwise) which arise out of or in connection with the provision of the Accommodation (including any delay in providing or failure to provide the Accommodation) or their use by the Guest. The entire liability of CT under or in connection with the contract with the Guest shall not exceed the amount of CT's charges for the provision of the Accommodation.

10. Termination


CT may (without limiting any other remedy and without any liability on its part) at any time terminate the contract for the provision of Accommodation by giving written notice to the Guest if the Guest commits any breach of these Terms, if the Guest goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

11. Guest conduct


11.1 Dress code: Guests are required to comply with all Cayman Islands customs and laws with regards to being modestly dressed and covered when in public areas. Guests also acknowledge that nude and/or topless sunbathing is illegal in the Cayman Islands.

11.2 The Guest agrees that there is no smoking in the Accommodation or on any public part of the CT premises.

11.3 The Guest shall not take items in any Cottage outside the Cottage without the prior consent of CT.

11.4 Arrival and departure times for Accommodation are 2:00pm and 12 Noon respectively. Guests can request a late departure time of 2.00pm. Any departure time after 2.00pm and before 8.00pm will incur an additional charge of US$200 per cottage. Any departure after 8.00pm will be subject to the standard nightly rate applicable at that time.

11.5 The Guest is responsible for the behaviour of his, her or its guests at CT and in particular for the orderly conduct of guests attending any Event or staying in CT or otherwise making use of the Accommodation and any Services. The Guest must ensure that no noise or nuisance is caused either for CT or its other Guests and their guests. The Guests must comply with any reasonable requests of CT and with any policies of CT as may apply to the provision of Accommodation or any Services at CT from time to time.

11.6 Guests are not allowed to play music outside the cottages after 9:30pm


11.7 No pets allowed in the Accomodation


12. General Terms for External Contractors and Indemnity

12.1 CT must be notified by the Guest of any External Contractor the Guest proposes to use and must obtain the permission of CT to the use of the External Contractor at CT. CT reserves the right to refuse access to any External Contractor.

12.2 Any electrical, audio visual equipment the Guest wishes to use, other than lap tops, radios, cameras and other personal electronic items that is not the property of CT can only be brought onto the CT property and used with CT's written permission. CT may, at its discretion, arrange for its own contractors to inspect any such equipment. The cost of such inspection shall be borne by the Guest. The Guest will comply with any requirement or direction imposed by CT following such inspection.

12.3 The Guest will comply with the policies of CT in connection with the construction of any stand, exhibition stand, scaffolding, the use of any plant and equipment that is wishes to bring onto CT and as may generally apply from time to time.

12.4 The Guest will indemnify CT in connection with any loss or damage caused to CT, its staff, contractors, clients and Guests or to any property of CT or any such persons arising out of the engagement of any External contractors or if the Guest itself brings onto the premises any equipment, plant or machinery in respect of any loss, damage, costs including legal costs the CT shall incur.

12.5 The Guest is permitted to use its own signage subject to complying with the generality of the Contract or any policies of CT for the use of such signage from time to time within the Accommodation. No signage is permitted in any other part of CT and in particular within the public areas.

12.6 The Guest will comply with the terms applying to photography as set out in clause 14.

13. CCTV

In the public areas of CT, CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of CT and security for all its Guests and staff. Each Guest agrees to the use of CCTV.

14. Photography and Filming


Photography or filming is permitted in public areas of the property. However, commercial photography or commercial images including trade marks or trade names require the prior written consent of CT.

15. Events and visitors to CT


15.1 No Events shall be held at CT unless otherwise agreed with CT.

15.2 Unless otherwise agreed with CT, an Event shall only involve up to 10 people attending at CT in addition to the Guests. If contrary to these terms more than 10 people attend an Event and unless otherwise agreed by CT, CT shall be entitled to restrict access to the Event, to require the cancellation of the Event by the Guest and to impose an additional charge payable by the Guest of US$200.00 per additional person as liquidated damages related to the additional wear and tear and disturbance caused to CT. The Guest authorizes CT to charge such additional amount to their credit card provided to pay for Accommodation.

15.3 Unless otherwise agreed with CT, all Events shall be coordinated by an approved co-ordinator previously notified to CT.

15.4 Unless arrangements are otherwise in place as agreed with CT, the Guest agrees to pay US$1,000 clean up fee to cover the costs of clean-up after the Event. The Guest authorises CT to charge such amount to their credit card provided to pay for Accommodation.

15.5 The Guest shall ensure that all visitors to CT comply with the Terms applicable to Guests.

15.6 The Guest shall not permit any visitor to CT to stay in any Cottage overnight unless the name of the visitor has been provided to CT and the total number of person staying in any Cottage does not exceed the number provided in these Terms.

15.7 The Guest may not use items in any Cottage, including vases, candles, furniture, cushions, for the purposes of an Event without the prior permission of CT.

15.8 The natural terrain and vegetation at CT shall not be altered for the purposes of an Event.

15.9 The Guest shall ensure that any music played at an Event does not annoy or disturb the neighbours of CT and other Guests.

16-General



16.1 The contract on these Terms constitutes the entire agreement between the parties, superseding any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

16.2 No failure or delay by either party in exercising any of its rights under the contract for the provision of Accommodation shall be deemed to be a waiver of that right and no waiver by either party of any breach of such contract

16.3 Cayman Islands law shall apply to the contract on these Terms for the provision of Accommodation, and the parties agree to submit to the non-exclusive jurisdiction of the Cayman Islands courts.

This booking confirmation is made subject to the terms and conditions set out on the Cotton Tree website (www.caymancottontree.com) which is also available separately upon request (the "Terms and Conditions").

To accept this booking please sign the attached credit card authorization form. By signing the credit card authorisation you confirm that you have agreed to the Terms and Conditions in relation to this booking.

Payment Schedule for Low Season accommodations:  April 16th to December 10th 

 

Accommodation



Timetable

Guest Requirements

Cancellation Charges

At time of booking: Full payment of accommodation cost is required upon booking a reservation with an arrival date less than 30 days.Payment of 3 nights deposit is required upon booking a reservation with an arrival date over 30 days. The balance is due in full 30 days prior to the arrival date. Credit card, cash or wire transfer are accepted as payments.  
30 days prior to Arrival: Balance of accommodation cost paid in full by credit card, cash or wire transfer.  
On arrival If not already provided, Guest to provide credit card guarantee and signed authorisation in accordance with these Terms.  
On departure Payment for Services and other incidentals in accordance with these Terms.  
Cancellation 45 days or more prior to arrival date:   Refund of three nights deposit
Cancellation 45 days or less prior to arrival date:   50 percent refund of amounts paid

Services


Charges for Services (and charges in connection with the cancellation or "no-show" for Services) shall be added to the charges by CT at cost and paid in full on departure unless the Guest pays the Service Provider directly prior to the date on which the Guest departs.

Buy-out of Property (Property take-over of all four cottages)


Where there is a Buy-out of CT (renting all four cottages), the Guest shall pay 50% of the total cost at the time of booking as a deposit and the balance shall be due 30 days prior to arrival. A Guest cancelling 45 days or more prior to arrival is entitled to a refund of 50% of the deposit paid. If cancellation is 45 days or less there is no refund.  

Payment Schedule for High Season accommodations:  December 11th to December 20th and  January 3rd to April 15th.  Christmas Season accommodations:  December 21st to January 2nd  



Accommodation


Timetable

Guest Requirements

Cancellation Charges

At time of booking: Full payment of accommodation cost is required upon booking a reservation with an arrival date less than 30 days.Payment of 3 nights deposit is required upon booking a reservation with an arrival date over 30 days. The balance of the accommodation cost is due in full 30 days prior to the arrival date. Credit card, cash or wire transfer are accepted as payments.  
30 days prior to Arrival: Balance of accommodation cost paid in full by credit card, cash or wire transfer.  
On arrival If not already provided, Guest to provide credit card guarantee and signed authorisation in accordance with these Terms.  
On departure Payment for Services and other incidentals in accordance with these Terms.  
Cancellation 45 days or more prior to arrival date:   50 percent refund of three nights deposit
Cancellation 45 days or less prior to arrival date:   No refund



Services


Charges for Services (and charges in connection with the cancellation or "no-show" for Services) shall be added to the charges by CT at cost and paid in full on departure unless the Guest pays the Service Provider directly prior to the date on which the Guest departs.

Buy-out of Property (Property take-over of all four cottages)


Where there is a Buy-out of CT (renting all four cottages), the Guest shall pay 50% of the total cost at the time of booking as a deposit and the balance shall be due 30 days prior to arrival. A Guest cancelling 45 days or more prior to arrival is entitled to a refund of 50% of the deposit paid. If cancellation is 45 days or less there is no refund.