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.

We use 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 in regards to 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 material contained within this website is 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 an authorized agent of Fowl Cay Resort.

**Deposit & Full Payment Policies:

  • A 25% deposit is due at time of booking to reserve the villa along with a Security Deposit
  • Full Payment is due 60 days prior to arrival except for Holiday Bookings
  • For bookings made within 60 days of arrival, Full Payment is due at the time of booking to reserve the villa

Holiday Bookings Deposit and Full Payment Policy:

  • A 25% deposit is due at time of booking to reserve the villa along with a Security Deposit
  • Full payment is due 120 days prior to arrival
  • Holiday deposits and final payment(s) are non-refundable
  • Unique Travel Corp. reserves the right to cancel bookings if deposit or full payment is not received by the outlined deadlines.

Cancellations and Penalties:

  • No penalty for cancellations 91 days or more prior to arrival
  • 25% penalty for cancellations 90 to 61 days prior to arrival
  • 50% penalty for cancellations 60 to 46 days prior to arrival
  • 100% penalty for cancellations 45 days or less prior to arrival
  • In the event of a cancellation, any payments made can be applied towards a future booking if made within one calendar year of cancellation

Changes to Reservations:
If a guest desires to change but not cancel a reservation, guest must notify Unique at least 46 days prior to guest’s originally scheduled arrival. Changes within 45 days or less will incur minimum revision charges as follows:

  • If notice is received 45 to 30 days prior to Arrival, USD $150 per person.
  • If notice is received 29 to 9 days prior to Arrival, USD $200 per person.
  • If notice is received 8 to 0 days prior to Arrival, 1 night Penalty.

**Security Deposit:
All bookings require a refundable security deposit (the “Security Deposit”). The Security Deposit will be held by Unique Travel Corp. The Security Deposit will not be refunded in cases where the villa or its contents have been damaged, items have been removed from the villa, 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.

• The Security Deposit required for Fowl Cay is USD $1,000.00.

Minimum Night Stay:
5 nights, except for peak season and holiday periods

Peak Season:
Fowl Cay's peak season runs from February 15 – April 30. For 2018, it's March 1 – 31 when there is a 7 night Minimum stay

Holiday Periods:
7 nights MINIMUM stay

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

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

Villa Transfers:Transfers are included

Occupancy per villa:
The total number of guests allowed in each villa is restricted to the number of persons reserved and paid for on the booking. Only guest named in the booking will be permitted on the premises. Should the following numbers be exceeded in each villa, OPERATOR will be billed immediately for the additional persons:

FOWL CAY:

  • Bird Cage: 4 Adults + 1 Child 15 or younger or 2 Children 10 or Younger (Children will have to sleep on pull out sofa)
  • Blue Moon: 6 Adults + 1 Child 15 or younger or 2 Children 10 or Younger (Children can sleep in den on pull out sofa)
  • Lindon: 2 Adults + 1 Child 15 or younger (Child will sleep on single bed either put in the master bedroom or lounge)
  • Sweetwater: 6 Adults + 1 Child 15 or younger or 2 Children 10 or Younger (Children can sleep in den on pull out sofa)
  • Sea Breeze: 4 Adults + 1 Child 15 or Younger (Child will have to share bedroom)
  • Starlight: 4 Adults + 1 Child 14 or Younger (Child will have to share bedroom)

Water Safety:
All villas have access to the ocean and pools that are not manned by a lifeguard or protected by fencing. 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.

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.)

TERMS & CONDITIONS

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”) AND UNIQUE TRAVEL CORP. (“UNIQUE TRAVEL”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR ACCEPTANCE OF ACCOMODATION, TRANSPORTATION, TICKETS OR VOUCHERS FROM UNIQUE TRAVEL CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE “CONTRACT”).

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, its owner, operator, and management company, and any and all parent corporation, affiliates, subsidiaries, and insurers, and each of their respective directors, officers, employees, agents, contractors, successors and assigns.

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

2. 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 villas, bed sizes, special in-flight meals or seating). Unique Travel is not responsible if such requests are not met.

3. 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.

4. 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.

5. 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.

6. 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.

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

8.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 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
(in Paragraph 10.C), required SIGN AND ASSENT to any waiver provision (in Paragraph 21), and voluntarily signed and assented to waiver, agreement and/or release by Guest. By continuing with the reservation and booking to CHECK-IN, Guest hereby ACKNOWLEDGES AND AGREES to the same, as applicable.

9. Airport Departure Taxes: Guest 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.

10. 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 SANDALS RESORTS INTERNATIONAL, LTD. NOTWITHSTANDING CLAIMS IN PARAGRAPH 10.A., ANY CLAIMS WHATSOEVER ARISING FROM,
IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH
THAT INCLUDE ANY CLAIM AGAINST SANDALS RESORTS INTERNATIONAL LIMITED., THE VILLA, VILLA MANAGEMENT COMPANY, AND/OR THEIR PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, AND TO WHICH 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 Paragraph 12.A. and 12.B. of this Contract, the Guest 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 Sandals Resorts International Limited., 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 is 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 is hereby on notice of same for acknowledgement and agreement.

IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST 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 10.C) to the Guest. Should the Guest decide to cancel Guest’s trip/vacation based upon unwillingness to sign and assent to the specific forum selection and choice of law provisions, the following minimum cancellation charges are:

1. No charge, if notice of cancellation is within 3 business days of booking with Fowl Cay Resort, provided that cancellation is greater than 45 days prior to Arrival

2. One (1) night Penalty, including any airfare, if notice is between 5 to 0 days prior to Arrival, in the event there are five (5) days or less between booking with Fowl Cay Resort and scheduled arrival at the Hotel.

3. Otherwise, see Paragraph 5 herein.

D. Guest will be required DURING THE HOTEL CHECK-IN PROCESS UPON ARRIVAL, to assent to the following Use of Guest’s Likeness provision: The undersigned Guest(s) grants Fowl Cay Resort and/or its promotional partners the exclusive right to photograph and video you during your stay at the hotel and include such photographic, video and other visual portrayal(s) of the undersigned Guest(s),

in any medium of any nature whatsoever, for any purpose, including without limitation trade, advertising,
sales, publicity or otherwise, without compensation to such Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of Fowl Cay Resort, free from any claims by the undersigned Guest(s) and or any person deriving any rights or interest from such Guest AND each undersigned Guest(s) UNDERSTANDS AND HEREBY KNOWINGLY AND VOLUNTARILY SO AGREES. IF THE GUEST DOES NOT SIGN AND ASSENT TO SUCH TERMS AND CONDITIONS AT CHECK-IN PROCESS, THE GUEST WILL NOT BE ALLOWED TO CHECK-IN AND WILL BE DENIED ACCESS TO THE HOTEL. ACCORDINGLY, ADVANCE NOTIFICATION OF THIS REQUIREMENT IS HEREBY PROVIDED.

11. LIMITATIONS PERIODS: NO SUIT SHALL BE MAINTAINABLE AGAINST UNIQUE TRAVEL, THE VILLA, ANY HOTEL OR HOTEL MANAGEMENT COMPANY, SANDALS RESORTS INTERNATIONAL LIMITED, THEIR 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.

12.LIMITATION OF DAMAGES: UNIQUE TRAVEL, SANDALS RESORTS INTERNATIONAL LIMITED, ANY HOTEL OR HOTEL 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.

13. 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.