Legal Information

Privacy Statement
Unique Travel Corp. the worldwide representative of Fowl Cay Resort respects the privacy of guests and website visitors. This statement was created to explain the type of information that’s collected and how the information is used.

Information Collection
Unique Travel Corp. the worldwide representative of Fowl Cay Resort collects information from users at several different points on the website.

How is the information collected?
When you voluntarily provide it to us, for example, when you contact us, request a quote, sign up for emails or book a vacation. Certain information may be collected automatically when you visit the Fowl Cay website. For example, Internet log information and details of visitor behavior pattern to maintain aggregate web site data (such as the number of visitors to a particular page), this helps us improve and update the web site on such data as total number of visitors and pages viewed.

Cookies
A cookie is an element of data that is stored on a user's computer. It may be used to identify the device you use to access the website to help us improve and deliver a more personalized service based on browsing style. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file instructions.

Types of Cookies:

Category 1 - Strictly Necessary Cookies: These cookies are essential for the operation of our web site. These cookies enable services you have specifically asked for such as a shopping basket. These cookies remain on your device only until you close your browser after visiting our web site. This cookie is destroyed at the end of the user’s visit.

Category 2 - Performance Cookies: These cookies collect anonymous information about how visitors use a web site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a web site works.  This cookie is destroyed at the end of the user’s visit.

Category 3 - Functionality Cookies: These cookies remember choices you make to improve your experience. These cookies remain on your device for an extended period of time. When you revisit our web site, we recognize these cookies and remember your preferences and choices such as your user name to log on to the website. Personal information on our system may be associated with these cookies but the cookies themselves do not contain any of your personal information.   

Category 4 - Targeting Cookies or Marketing Cookies: These cookies gather information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. 

By using www.fowlcay.com, you agree that we can place these types of cookies on your device. These cookies can be removed or blocked by following Internet browser help file instructions.

Customer Service
We communicate with users on a regular basis to provide requested services and to maintain or solve any issues relating to their booking and/or account we reply via email or phone, in accordance with the users wishes.

Contents of this Site
While we strive to always provide the latest information and details about our product offerings on this website, please be sure to check with your travel agent on any specifics that may be important to you. Information presented here is subject to change and is not guaranteed to be free from errors.

All prices are shown in US dollars, unless otherwise noted.
Nothing contained herein shall be deemed or construed to create any financial or other liability or responsibility on Fowl Cay Resort for or on behalf of, or in relation to, any of the various Travel Agents or Agencies listed in this website.

Promotions listed on this website can be changed or withdrawn at any time and blackout dates may apply.

Copyright

All materials contained within this website are the sole property of Fowl Cay Resort and cannot be used, reproduced, copied or modified, in its entirety or in part, without prior consent by the authorized representative of Fowl Cay Resort.

TERMS & CONDITIONS

IMPORTANT: THESE TERMS AND CONDITIONS GOVERN THE CONTRACT FOR VILLA ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES BETWEEN YOU AND ANYONE TRAVELING WITH YOU (COLLECTIVELY AND INDIVIDUALLY "GUEST(S)") AND UNIQUE TRAVEL CORP ("UNIQUE TRAVEL"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR ACCEPTANCE OF ACCOMODATIONS, TRANSPORTATION, TICKETS OR VOUCHERS FROM UNIQUE TRAVEL CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "CONTRACT").

(1) Deposit & Full Payment Policies:

1.1 A 25% deposit of the full purchase price is due at the time of booking to reserve the Fowl Cay villa(s) along with the Security Deposit. The 25% deposit becomes non-refundable as of 90 days prior to arrival.

1.2 Full Payment is due 60 days prior to arrival unless otherwise noted. Reservations made 60 days or less prior to arrival must be paid in full at the time of booking. Unique Travel Corp reserves the right to cancel and release the villa reservations if full payment is not received at least 60 days prior to arrival.

1.3 Full Payment and cancellation policies may vary during “Holiday Travel” periods (see “Holiday Travel - Deposit, Payment and Cancellation terms” below).

(2) Security Deposit

All bookings are subject to or require a refundable security deposit (the “Security Deposit”) at the time of booking. The Security Deposit will be held by Unique Travel Corp. The Security Deposit will not be refunded in cases where the Villa(s) or its contents have been damaged, items have been removed from the villa(s), and/or extensive additional cleaning is required; normal wear and tear expected. The repairs or replacement value of the item(s) will be calculated and subtracted from the Security Deposit prior to the issuing of a refund. All refunds will be made within ten (10) days after departure. Should any damages or replacement cost exceed the Security Deposit, the balance shall be charged to the credit card on file, unless agreed in writing to do otherwise. The charge will be made upon notification of the breach of this condition.

2.1 The Security Deposit required for FOWL CAY is: US$1,000.00.

(3) No-smoking Policy

We are an environmentally friendly organization and as such, to provide a safe and smoke free environment for all Guest(s) and staff smoking is strictly prohibited in all guests’ rooms, meeting rooms, the interior of all buildings and indoor public areas. Smoking is restricted to outdoors and/or designated marked areas. Any Guest(s) found to be in violation of this policy will be charged US$1,000 to cover cleaning and restoration cost as well as for any loss of earnings.

(4) Cancellations and Travel Date Revision Penalties:

4.1 Cancellation and Travel Date Revision penalties are as follows:

  • 90 - 61 days prior to arrival 25% of purchase price will be charged
  • 60 - 46 days prior to arrival 50% of purchase price will be charged
  • 45 - 0 days prior to arrival 100% of purchase price will be charged

4.2 Travel date revisions are limited to a six (6) month travel window from original travel dates.

4.3 Cancellation policies may vary during certain periods (see “Holiday Travel - Deposit, Payment and Cancellation terms”) below.

(5) Minimum Length of Stay

Fowl Cay villas for the entire year during all periods (except Holiday Travel) requires a minimum stay of five (5) nights; (see “Holiday Travel - Deposit, Payment and Cancellation terms”) below.

(6) Holiday Travel - Special Deposit, Payment and Cancellation Terms

6.1 Holiday Travel requires a minimum stay of seven (7) nights;

6.2 The following dates are referred to as “Holiday Travel”:

**2019: January 1 - January 6; April 14 - 28; November 22- December 1; December 20 - December 31

**2020: January 1 - January 6; April 5 - April 19; November 20 - November 29; December 20 - December 31

**2021: January 1 - January 6; March 28 - April 11; November 19 - November 28; December 20- December 31

**Holiday Travel dates are subject to change.

6.3 Holiday Travel Deposit, Payment and Cancellation

6.3.1 A 25% non-refundable deposit of the full purchase price is due at time of the booking to reserve the villa along with the Security Deposit.

6.3.2 Full payment is due and non-refundable no later than 120 days prior to arrival unless otherwise noted.

6.3.3 Unique Travel Corp reserves the right to cancel and release Holiday Travel reservations if the full payment is not received at least 120 days prior to arrival.

6.3.4 All “Holiday Travel” bookings are non-refundable.

6.3.5 All cancellations and travel date revisions received within 120 days or less prior to arrival will be subject to full penalty and will be charged 100% of the purchase price.

6.3.6 Holiday Travel date revisions are limited to a six (6) month travel window from original travel dates.

(7) Arrival/Departure
Check in time is at 3:00 p.m.
Check out time is at 10:00 a.m.

(8) Food and Beverage

Villa Meal Plan - An All-inclusive meal plan is included for Fowl Cay Resort.

(9) Airport Transfers

Roundtrip airport transfers are included.

(10) Number of Persons per villa

The total number of guests allowed is restricted to the number of persons reserved and paid for on the booking. Only guests named in the booking will be permitted on the premises. Should the guests exceed the following number of persons in each villa, the travel agent or tour operator (if one is used) will be immediately billed for the additional persons:

FOWL CAY VILLAS:
Bird Cage: 4 Adults
Blue Moon: 6 Adults
Lindon: 2 Adults
Sweetwater: 6 Adults
Sea Breeze 4 Adults
Starlight: 4 Adults

(11) Water Safety

There is no lifeguard on duty at Fowl Cay Villas. Guests are advised that swimming at is at your own risk. All villas have direct access to pool(s) and the ocean which are not manned by a lifeguard nor protected by a fence. It is the sole responsibility of each guest to ensure their safety and the safety of their children when in and around the ocean and pools. There are signs posted letting guests know that they are swimming at their own risk.

(12) Special Needs and Allergies

It is the Guest(s) responsibility to inform the villa staff of any health and dietary conditions or any other special requirements (i.e. allergies, heart conditions, walking problems, etc.)

ADDITIONAL DEFINITIONS: As used herein, "Arrival" means the Guest(s) arrival at the Villa for the start of their vacation. "Villa" means the villa(s) visited by Guest(s).

(13) These terms and conditions shall supersede and/or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.

(14) Special Requests: Unique Travel cannot guarantee that it will satisfy special requests (including but not limited to requests for specific villas or villa locations, adjoining room or villas, bed sizes, special in-flight meals or seating). Unique Travel is not responsible if such requests are not met.

(15) Persons with Disabilities: Unique Travel cannot guarantee that destination airports, airport transfer vehicles, or Villa accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability.

(16) Flights & Air Carriers: All flight times, itineraries, carriers, equipment, & check-in times are subject to change or cancellation without notice. Guests should contact the airline within 24 hours of departure to confirm flight times, itineraries, & check-in. Certain fare class (special fares) do not allow for upgrades, preferential seating and other auxiliaries. Unique Travel is not responsible for any loss or injury to Guests for missed flights or connections, or if Guests are denied boarding. Guests with connecting flights should allow ample time for connections as specified by the airline and/or connecting airport. Carriage and services provided by the airline, and the airline tickets are subject to the Warsaw Convention. Charter flights are conducted pursuant to U.S. Department of Transportation Charter Regulation, Part 380.

(17) Travel Documents: PROOF OF CITIZENSHIP IS GUEST'S SOLE RESPONSIBILITY. Guest is solely responsible for furnishing proof of citizenship in the form of a valid passport, and any other documentation necessary for travel. Guest should consult with their travel agent or airline, or appropriate government authorities to ascertain what documentation is necessary. Guest may be refused passage/entry if they do not possess necessary travel documents. Unique Travel is not responsible for Guest's failure to obtain and safeguard necessary travel documents.

(18) Customs and Immigration: Customs and/or immigration officials may, at their own discretion, deny Guest entry into their country, and/or seize, confiscate, or impound personal property. Unique Travel is not liable for any loss or injury arising from Guest being denied entry into any country or the seizure, confiscation, or impoundment of any personal property.

(19) Baggage Limitations: Checked baggage is subject to restrictions imposed by the airline and applicable law. Please contact the airline for weight and size restrictions.

(20) Compliance with Local and Other Law: Guest is solely responsible for knowing, obeying and complying with the laws and regulations of their destination, and neither Unique Travel nor any Villa has any duty to inform or warn Guest(s) about the destination's laws and/or regulations. Unique Travel and the Villa also regularly conduct business by electronic means (e.g., iPad) and signature, including but not limited to the required SIGNING AND ASSENT AT CHECK-IN (indicated in Paragraph 22.C), required SIGN AND ASSENT to any waiver provision, and voluntarily signed and assented to waiver, agreement and/or release by Guest(s). By continuing with the reservation and booking to CHECK-IN, Guest(s) hereby ACKNOWLEDGES AND AGREES to the same, as applicable.

(21) Airport Departure Taxes: Guest(s) may be required to pay airport departure taxes to the government of their destination for each traveler as required by local law. Such taxes may not be included in the price of their vacation.

(22) FORUM SELECTION AND CHOICE OF LAW:

A. AS AGAINST UNIQUE TRAVEL ONLY: ALL CLAIMS WHATSOEVER AGAINST UNIQUE TRAVEL, ITS AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, OR GUEST'S VISIT TO THE VILLA, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE CONTRACT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN PANAMA, AND SHALL BE GOVERNED BY THE LAWS OF REPUBLIC OF PANAMA WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.

B. CLAIMS WHICH INCLUDE VILLA AND/OR VILLA MANAGEMENT COMPANY NOTWITHSTANDING CLAIMS IN THE FOREGOING IN PARAGRAPH 22.A., ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH THAT INCLUDE ANY CLAIM AGAINST THE VILLA, VILLA MANAGEMENT COMPANY, AND/OR THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, AND TO WHICH CLAIM UNIQUE TRAVEL IS ALSO A PARTY, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE VILLA IS PHYSICALLY LOCATED AND GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE VILLA IS PHYSICALLY LOCATED.

C. NOTICE OF REQUIRED SIGNING AND ASSENT AT VILLA CHECK-IN, Notwithstanding the terms set forth in Paragraphs 22.A. and 22.B. of this Contract, the Guest(s) will be required DURING THE VILLA CHECK-IN PROCESS UPON ARRIVAL, to separately and specifically sign and assent to the following forum selection and choice of law provisions:

The undersigned Guest(s) HEREBY KNOWINGLY AND VOLUNTARILY AGREES that any and all claims that each such Guest may have against the Villa, Villa management company, and/or their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents and representatives, in connection with or in any way incident or related to the undersigned Guest's (or Guests') stay at the Villa, shall be governed solely by the laws of the country in which the Villa is physically located as the exclusive choice of law, and further that the courts of the country in which the Villa is physically located shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever.

The Guest(s) is/are required to SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN, and signature may be by electronic means (e.g., iPad), and the Guest(s) is/are hereby on notice of same for acknowledgement and agreement.

IF THE GUEST(S) DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST(S) WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE VILLA. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED. The Guest(s) Tour Operator and/or Travel Agent (to the extent one has been used) is being provided with this Notice and, in turn, said Tour Operator and/or Travel Agent is required to provide a copy of the Notice (in Paragraph 22.C) to the Guest.

AT CHECK-IN should the Guest(s) decide to cancel Guest's trip/vacation based upon an unwillingness to sign and assent to the specific Forum Selection and Choice of Law provisions, the cancellation penalty charges are 100% of the purchase price including any applicable airline fees.

(23) LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE TRAVEL, THE VILLA, OR VILLA MANAGEMENT COMPANY, AND EACH OF THEIR RESPECTIVE PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES RELATING TO PERSONAL INJURY OR ILLNESS OR DEATH OR LOSS OR DAMAGE TO PROPERTY, UNLESS WRITTEN NOTICE OF THE CLAIM, WITH PARTICULARS, IS ADDRESSED TO UNIQUE TRAVEL CORP. ATTENTION: CLAIMS, CALLE AQUILINO DE GUARDIA, NO. 8, IGRA BUILDING, PANAMA, REPUBLIC OF PANAMA, AND IS RECEIVED WITHIN SIX MONTHS AFTER THE DEATH OR LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS. IN NO EVENT SHALL SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE YEAR AFTER THE DEATH, LOSS OR DAMAGE TO PROPERTY, OR THE ONSET OF THE INJURY OR ILLNESS.

(24) LIMITATION OF DAMAGES: UNIQUE TRAVEL, ANY VILLA OR VILLA MANAGEMENT COMPANY, THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE TO GUEST IN ANY CIRCUMSTANCES, FOR: (A) ANY PERSONAL INJURIES OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY AIR CARRIER OR GROUND TRANSPORTATION CARRIER; (B) EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND; OR (C) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES.

(25) Use of Facilities and Activities: The Villa provides several activities for the entertainment and enjoyment of Guests. Guests who participate in “Activities” (as defined below) acknowledge and accept that, by the very nature of such Activities, it is possible that injuries may be suffered without any negligence on the part of the Villa, its employees or agents. Consequently, in acknowledgement of the foregoing, the Guests HEREBY RELEASE, DISCHARGE AND SHALL INDEMNIFY AND HOLD HARMLESS Unique Travel, the Villa, Villa Management Company, and each of their respective parent company, affiliates, subsidiaries, insurers, directors, officers, employees, agents, successors, assigns and representatives (collectively, the “Releasees”) from all claims, demands, actions and/or damages suffered by the Guests in the participation of such Activities, except in the case of the proven negligence of the Villa, its employees or agents.

25.1 Activities. The term “Activities” as used above includes, but is not limited to, the following:

a. On Land: Running, relays, racing, basketball, shuffleboard, squash, tennis, table tennis, volleyball, weight training, aerobics, racquetball, golf, use of spa facilities, use of gym facilities, swings, slides, monkey bars, see-saws and other recreational facilities for children; and
b. In Water: Scuba diving, water skiing, wind surfing, snorkeling, sailing, water aerobics, kayaking, pedal boating, pool games, boat riding, swimming, use of the whirlpools, and races.

(26) Personal Property and Safekeeping: The Releasees shall not be liable for any loss or damage to money, jewelry, clothing or other valuables.

(27) All Other Defenses Preserved: Nothing in this Contract shall exclude the application of any defense, including but not limited to any governing law limiting or excluding actions, claims, liability or damages.

(28) The all-inclusive meal plan provides and serve alcoholic beverages for reasonable consumption by, and the entertainment and enjoyment of, its Guests of legal drinking age. The Guests staying at Fowl Cay along with any minor or child (i.e., any individual or person under the age of 18) HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGES AND AGREES that the responsible adult Guest shall not furnish, supply, or allow or permit the use, consumption and/or possession of alcoholic beverages by a minor or child during their stay. If the Guest knows or has reason to know of the illegal use, consumption and/or possession by a minor or child of alcoholic beverages at the Villa, and thereafter permits such use, consumption and/or possession, and the intoxicated minor or child injures or kills themselves or another, the Guest, understands by agreement and acknowledgement that it is possible the injury, death, damage or destruction occurred with and/or without fault on the part of the Releases as defined herein, AND HEREBY DISCHARGES AND HOLDS HARMLESS the Releasees from all claims, demands, actions and/or damages one may have against the villa, its employees or agents in connection with or in any way incident or related to the injury, death, damage or destruction suffered.

(29) Errors and Omissions: Please note that quotes, generated invoices and our website may contain typographical errors or inaccuracies. Information contained in a quote, a generated invoice or on this website is subject to change and is not guaranteed to be free from errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after a quote or a booking). Such errors, inaccuracies or omissions may relate but may not be limited to product description, pricing, promotion, holiday travel period and availability. We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.