Terms of service

TERMS AND CONDITIONS

Malei Island Resort Ltd. (heretofore referred to in this document as “Malei Island Resort Ltd.”,  “Company”, “us”, “we”, or “our”), a company located in Mission, BC will be pleased to provide you (heretofore referred to in this document as “you”, “your” or “Guest”) and members of your party a rustic, nature experience and accommodation at Malei Island Resort located on Malei Island (heretofore referred to in this document as “Resort”, “Malei Island”, “Malei Island Resort”) on the terms and conditions set out in this document.

PAYMENT POLICIES

DEPOSIT AND FINAL BALANCE:

You will provide the Company with a deposit of _35___% (the “Deposit”) of the final booking price (the “Final Booking Price”) as listed on the booking confirmation from us (the “Booking Confirmation”) in order to secure your reservation with Malei Island Resort (“Reservation”) immediately upon making such reservation. The balance of the Final Booking Price is due _60____ days before the anticipated start date as listed on the Booking Confirmation (the “Start Date”).

PAYMENT TERMS & CONDITIONS

All prices listed on the website Bookings Page, the Booking Confirmation and in this document are in Canadian dollars. We may accept deposit and payment from you in United States Dollars (“USD”) at the currency conversion rate in effect at the time of Booking Confirmation. We accept Canadian dollar payments in the form of bank draft, etransfer or wire transfers. We accept USD payments in the form of bank draft, etransfer or wire transfer.

RESERVATION / CANCELLATION

By making a Reservation, you accept and agree to the cancellation and no-show policy of Malei Island Resort Ltd. If you cancel a Reservation fewer than _60___ days in advance of the Start Date, the entire Final Booking Price will be non-refundable.

If you cancel a Reservation more than __60__ days in advance of the Start Date, The Deposit will be non-refundable, but Malei Island Resort Ltd. will provide a voucher for the value of the deposits paid to date minus a $_300____ CAD per person cancellation fee.  The voucher can be used as credit towards a future booking.  It does not expire and is transferable to another person or group.

Malei Island Resort Ltd. reserves the right to cancel or modify a Reservation where it appears that you or a member of your party is engaged in fraudulent or inappropriate activity (as determined in the sole discretion of Malei Island Resort Ltd.) or under other circumstances where it appears that the Final Booking Price or terms of a Reservation contain or resulted from a mistake or error, however caused.

As well Malei Island Resort Ltd. reserves the right to cancel or modify a Reservation when weather or Acts of God could cause harm to guests and/or staff. If the aforementioned were to occur, Male Island Resort Ltd. will provide a voucher for the value of the deposits paid to date which will not expire and is transferable to another person or group.

 

ACCOMMODATION POLICIES

MINORS

Malei Island Resort is an all-ages resort, and as such, welcomes guests who are under 19 years old (a “Minor”). If your group includes any Minor, then it is your sole responsibility to monitor and supervise the Minor at all times and to obey the instructions of Malei Island Resort staff in respect of yourself and the Minor at all times.

Malei Island Resort Ltd. does not condone the use of alcohol or cannabis by a Minor. By making a Reservation, the Guest acknowledges that they have been advised that the legal consumption age in British Columbia is 19 and, in consideration of Malei Island Resort Ltd. accepting the Reservation, hereby waives any and all claims that the Guest have or may have in the future against Malei Island Resort Ltd. or Malei Island Resort in relation to the consumption of alcohol or cannabis by a Minor on or near Malei Island, to release the Company and Malei Island Resort from any and all liability for any loss, damage, expense or injury, including death, that the Guest or the Guest’s next of kin may suffer, as a result of consumption of alcohol or cannabis by a Minor on or near Malei Island Resort, and to indemnify and save harmless Malei Island Resort or the Company from any claims against or losses by Malei Island Resort, Malei Island Resort Ltd. or any of its directors, officers, employees, agents and affiliates arising from or in any way connected with the consumption of alcohol or cannabis by a Minor from such Guest’s group.

LUGGAGE

Due to limited storage space on transporting aircraft and watercraft to and from Malei Island Resort as well as transporting guests and luggage from the dock/helipad to the lodge, the maximum weight of your luggage and the luggage of each member of your party, respectively, is 35 pounds. If you or a member of your party requires extra luggage weight, you must inform Malei Island Resort Ltd. by email of such requirement at least 14 days prior to the Start Date. We reserve the right in our sole discretion to refuse to accommodate any requests for additional luggage weight.

HELICOPTER TOURS

If you cancel any Helicopter Tour Reservation provided by Malei Island Resort Ltd. fewer than 90 days prior to the Start Date, Malei Island Resort Ltd. will retain the full amount due.

If you cancel your Helicopter Tour Reservation more than 90 days in advance of the Start Date, Malei Island Resort Ltd. will provide a voucher for the value of deposits paid to date. The voucher can be used as credit towards a future booking, does not expire and is transferable to another person or group.

Malei Island Resort Ltd. will refund any refundable amounts to you within a reasonable amount of time after receiving the cancellation notice. Malei Island Resort Ltd. reserves the right to cancel or modify a Reservation where it appears that you or a member of your party is engaged in fraudulent or inappropriate activity (as determined in the sole discretion of Malei Island Resort Ltd.) or under other circumstances where it appears that the Final Booking Price or terms of a Reservation contain or resulted from a mistake or error, however caused. As well Malei Island Resort Ltd. reserves the right to cancel or modify a Helicopter Tour Reservation when weather or Acts of God could cause harm to guests and/or staff. If the aforementioned were to occur, Male Island Resort Ltd. will provide a voucher for the value of the deposits paid to date which will not expire and is transferable to another person or group.

PREGNANCY POLICY

Unless you or the relevant member of your party provides Malei Island Resort Ltd. with a written consent note from a qualified physician and an acknowledgment of the risks associated with the activity, Malei Island Resort Ltd. reserves the right to deny participation by pregnant guests in outdoor adventure events, including, but not limited to hiking and riding a helicopter.

DIETARY NEEDS

Guests with special dietary needs / allergies please inform us when making your reservation. Malei Island Resort Ltd. will make every effort to accommodate our guest’s dietary needs. By making a Reservation, the Guest acknowledges that they have been advised that although every effort will be made to take into consideration special dietary needs / allergies of our guests we cannot guarantee complete satisfaction and in  consideration of Male Island Resort Ltd. accepting the reservation, hereby waives any and all claims that the guest may have in the future against Malei Island Resort Ltd. or Malei Island Resort in relation to the consumption of food provided by staff employed by Malei Island Resort Ltd., and to release the Company and Malei Island Resort from any and all liability for any loss, damage, expense or injury, including death, that the Guest or the Guest’s next of kin may suffer, as a result of consuming food provided by staff employed by Malei Island Resort Ltd., and to indemnify and save harmless Malei Island Resort or the Company from any claims against or losses by Malei Island Resort, Malei Island Resort Ltd. or any of its directors, officers, employees, agents and affiliates arising from or in any way connected with the consumption of food provided by staff employed by Malei Island Resort Ltd.

DRUG & ALCOHOL POLICY

Due to the sensitive ecological nature of Malei Island Resort, guests are prohibited from smoking cigarettes, cannabis or vaping during their stay. You acknowledge and agree that during your stay at Malei Island Resort, neither you nor members of your party will be impaired by any substance including but not limited to alcohol, illegal drugs, and other controlled substances. Malei Island Resort Ltd. reserves the right to deny participation by anyone who appears to be in contravention of its Drug & Alcohol Policy.

WAIVER POLICY

You and all members of your party are required to sign a Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement in the form acceptable to us prior to participating in any activity hosted by Malei Island Resort. Minors must have a parent or legal guardian sign the Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement on their behalf. A copy of the aforementioned waiver will be available to you on emailed request to Malei Island Resort Ltd.

GENERAL POLICIES

DRONE USE

Due to considerations in relation to air traffic, guest privacy and sensitive wildlife habitat on Male Island, Malei Island Resort Ltd. prohibits the use of all drones or similar technology at the resort located on Malei Island. You agree that neither you nor any member of your party will use a drone or similar technology on or near Malei Island.

MEDIA POLICY

During your stay at Malei Island Resort, you may be photographed and recorded on video and the recordings may be publicly broadcasted and reproduced online. You consent to these recordings, and you agree to waive any rights you may have in the recordings in favour of Malei Island Resort Ltd or Malei Island Resort. You also acknowledge that Malei Island Resort Ltd. may use your name, photograph, and likeness in connection with the advertisement and promotion of Malei Island Resort and on all related promotional materials.

GRATUITY

Gratuity is not included in the Final Booking Price. At the end of your stay, you will have the opportunity to leave a gratuity for the staff at Malei Island Resort. On average, a guest will usually leave 10-15% of the pre-tax booking costs as indicated on the Booking Confirmation.

FORCE MAJEURE

Neither party shall be liable for delays in performance of any obligation under this Reservation that is caused by an act or occurrence beyond the reasonable control of such party including but not limited to acts of God, global pandemics or regional epidemics, war, civil disturbance, or extreme weather conditions (a Force Majeure Event). If a force majeure event occurs, the performance of the affected party shall be excused for a period of delay resulting from the force majeure event. If you are affected by a Force Majeure Event and your performance of your obligation under this Reservation is delayed, Malei Island Resort Ltd. will use commercially reasonable efforts to reschedule your trip, subject to any payment differentials (as determined in the sole discretion of Malei Island Resort Ltd.).

LIMITATION OF LIABILITY

Our liability, for any and all causes arising out of this Reservation, whether based on contract, tort, negligence, strict liability, or otherwise will, in the aggregate, not exceed the actual fees paid by you to us pursuant to the Reservation. In no event will we be liable for incidental, consequential, punitive, indirect, or special damages, including, without limitation, any interruption or loss of business, profit, or goodwill. As a condition for recovery of any liability, you must assert any claim against us within three months after discovery or 60 days after the termination of the Reservation, whichever is earlier.

GOVERNING LAW

The Reservation and all disputes and controversies relating to or arising out of the Reservation and these Terms and Conditions are governed by and will be interpreted and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. By making a Reservation, you irrevocably attorn and submit to the non-exclusive jurisdiction of the British Columbia courts situated in the City of Vancouver (and appellate courts therefrom) and waive objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.