Terms and Conditions

Last updated 15 May 2024

SUNKISSED BEACH DAYS TERMS & CONDITIONS and ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT.

OVERVIEW & GENERAL CONDITIONS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “guest”, “customer”) and Sunkissed Beach Days,  ("Sunkissed Beach Days", “Sunkissed”, “Team Sunkissed”, “we”, “us”, or “our”), concerning your access to and use of the www.SunkissedBeachDays.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. All customers must be 18 years of age or older to book with Sunkissed Beach Days. We reserve the right to refuse service to anyone for any reason at any time.

A breach or violation of any of the Terms will result in an immediate termination of any products or services offered by Sunkissed Beach Days.

Governing Law: This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the Turks and Caicos Islands.

I. DEPOSITS, PAYMENTS, REFUNDS, LATE FEES, DAMAGES and CANCELLATIONS

1. Payment Due in Full

Bookings may be made through our online booking system and payment is provided in full upon booking. Note that a booking is not accepted and there is no contract between us until we confirm your payment and booking in writing. 

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the product or service, or any part or content thereof, without notice at any time.

Foreign conversion fees and transaction or processing fees may be applied by your bank and are outside of our control. We are not responsible or liable for any additional fees or charges.

Prices quoted on the website are exclusive of a mandatory 12% government tourism tax.

By using our services, you acknowledge and agree that we utilize Paypal, a third-party payment processor, to process credit card transactions on our behalf. In connection with processing payments, Paypal may collect certain information from you, including but not limited to:

- Your name

- Credit card details (such as card number, expiration date, and security code)

- Billing address

- Email address

- Other information necessary to process payments

We highly recommend travel insurance and personal health coverage for all guests. If you choose to purchase travel insurance or personal health coverage, this must be bought independently and you will enter into an agreement with those providers that is separate and distinct from Sunkissed Beach Days. It is important to recognize that insurance companies may not extend full coverage to our products or services. The potential for coverage is contingent upon your chosen service provider(s), and we are unable to provide any guarantee of such coverage. Please be advised that our organization cannot assume liability in the event of reimbursement denial by your insurance provider, in any way, and refunds will not be given under these circumstances. It is your responsibility to read and understand the full extent of these Terms and Conditions, including cancellation and refund policies, prior to making a reservation.

2. Consent to Paypal's Terms

By providing your credit card information and using our services, you acknowledge that your interactions with Paypal are governed by Paypal's terms of service and privacy policy. We encourage you to review Paypal's policies to understand how they collect, use, and protect your information.

Security Measures:

While we strive to protect your information, we do not control or assume responsibility for Paypal's handling of your data. Paypal employs industry-standard security measures to safeguard your information during payment processing. However, we cannot guarantee the absolute security of your data, and you acknowledge and accept the inherent risks associated with using third-party payment processors.

Compliance:

Paypal complies with all applicable laws and regulations governing the processing of payment information, including but not limited to the General Data Protection Regulation (GDPR) and Payment Card Industry Data Security Standard (PCI DSS).

By continuing to use our services and providing your credit card information, you acknowledge that you have read, understood, and agree to be bound by this Paypal Credit Card Processing Disclaimer, as well as our terms and conditions and privacy policy.

If you have any questions or concerns regarding the processing of your credit card information by Paypal, please refer to Paypal's support resources or contact their customer support directly.

3. Damages and Theft

You agree to leave equipment in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement. guest accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. If equipment is not of satisfactory condition, you agree to notify the Sunkissed Team at the time of your reservation start. Damaged parts or components will be repaired/replaced at the discretion of the Sunkissed Beach Days team and the guest agrees to pay full costs for components replaced or repaired. Clean condition means normal wear and tear is accepted but does not include tears, stains, water damage, broken parts or damages to any parts caused by accidents. If the guest has paid a security deposit, they agree to forfeit all or some of the deposit, as needed and determined by the Sunkissed Beach Days team, for cleaning, repairs, or replacement of furniture impacted by your guests or event. If such damage is irreparable and the items must be replaced at the discretion of the Sunkissed Beach Days team based on internal operating standards, you agree to pay the full value of the replacement items and authorize Sunkissed Beach Days to charge the card on file. If a security deposit was paid and no damage was done, it will be refunded to the card on file minus intermediate transaction or processing fees (typically ~3-6%).

Guest agrees not to exceed the maximum number of people for each set-up (4 people for Little Cay, 8 people for Coral Cabana, 10 people for Coral Cabana with Deluxe add-on, and 20 people for Queen Conch) unless explicit permission is given in writing. The guest agrees to pay a fine of $200 per guest that exceeds this limit if permission is not granted and cover any fines issued to guests or to Sunkissed Beach Days if any regulations are broken.

By agreeing to these terms, I authorize Sunkissed Beach Days to charge the credit card provided for all eventual costs in case of damages to any gear during my rental period, except in the case that I can demonstrate Sunkissed Beach Days’s fault with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Sunkissed Beach Days for the full replacement cost of the items stolen at any time during my reservation.

4. Late Arrivals, Early Departures, Fees, & No-Shows

We offer a 15-minute grace period from the start of your reservation, after which we begin charging late fees in the amount of $20 for each 15 minutes beyond that grace period.

Non-communicative guests who do not arrive within 1 hour of their reservation start time will be considered a ‘No-Show’, and will forfeit their reservation. Applicable late fees will also be assessed for No-Shows.

By agreeing to these terms, I authorize Sunkissed Beach Days to charge the credit card provided for reasonable late fees, as described above in this section, typically within 72 hours of the end of the reservation. If a credit card was not provided during the reservation process, you agree to provide payment or an approved payment method to Sunkissed Beach Days within 72 hours from the end of your reservation. If payment or payment method is withheld, the debt will be sent to collections.

If the guest would like to leave the reservation early, they are required to request an early departure to Sunkissed Beach Days at a minimum of 30 minutes prior to their anticipated departure. Team Sunkissed will assess whether an early departure is able to be granted at our sole discretion. If the guest leaves the booking unattended, they will continue to be liable for any stolen or damaged items throughout the duration of their reserved booking time.

5. Cancellations or Reservation Changes requested by Guest

If you decide to cancel, reschedule, or modify (downgrade to a different lounge, eliminate add-ons, reduce the total scope) your reservation, the following terms and fees apply:

For Beach Lounges (Little Cay, Coral Cabana, and Queen Conch):
a. 120 hours (5 days) prior to reservation start: Option to reschedule / receive a credit for future use or a refund of all monies paid less any intermediary transaction or processing fees.
b. Less than 120 hours (5 days) but more than 72 hours (3 days) prior to reservation start: Option to reschedule or receive a credit for future use.
c. Less than 72 hours (3 days) prior to reservation start: No refunds. At the discretion of Sunkissed Beach Days, your credit may be maintained for future use with a 30% Reschedule Fee on Sunkissed Beach Days costs. Third party vendor orders are subject to different terms.
d. Cancellations based on unfavorable weather conditions, namely significant wind or rain, will be made at the sole discretion of Sunkissed Beach Days. Cancellations by result of weather will result in the offer a credit for future booking. Third party vendor orders are subject to different terms.

For Special Events:
a. More than 504 hours (3 weeks) prior to reservation start: option to receive a credit for future use or refund of all monies paid for Sunkissed Beach Days rentals, less intermediary transaction or processing fees. Special event permits and third party vendor services are subject to terms set by each provider.
b. Less than 504 hours (3 weeks) prior but more than 120 hours (5 days) prior to reservation start: no refund or reschedule / maintain balance with 30% Reschedule Fee at discretion of Sunkissed Beach Days. Special event permits and third party vendor services are subject to terms set by each provider.
c. 120 hours (5 days) no refunds. Special event permits and third party vendor services are subject to terms set by each provider.
d. Cancellations based on unfavorable weather, namely significant winds or rain, will be made at the discretion of Sunkissed Beach Days and will result in a shift in venue provided by client or Sunkissed Beach Days if available or a credit for future use. Special event permits and third party vendor services are subject to the terms provided by each provider and may be non-refundable. Coordination Fees for pre-event planning and to lock in a date with Sunkissed are non-refundable, unless otherwise confirmed by Sunkissed Beach Days.

All transaction and processing fees are non-refundable.

6. Cancellations made by Sunkissed Beach Days

If Sunkissed Beach Days cancels your booking, we will let you know as soon as possible. In these circumstances, Sunkissed Beach Days will extend a credit equal to the payment amount rendered to be applied to a future booking. Such future-use credit has no cash value and shall expire one (1) year from the date of issue.

7. Discounts / Credits / Coupons

Coupon, discount codes, and Gift Certificates typically do not apply to add-ons. If a discount code is used while booking online, or in any scenario that a discount is inappropriately applied to any add-ons or ineligible items, Sunkissed Beach Days will contact you regarding the difference owed. Payment should be made in a timely manner after being contacted by the Sunkissed Beach Days team in order to maintain those items on the reservation, and payment is always required prior to arrival. Similarly, certain codes are only eligible for weekday, non-holiday bookings and if used for a weekend or holiday booking, Sunkissed Beach Days will contact you regarding the difference owed. 

Credits on file have no cash value and expire one (1) year from the original reservation date unless otherwise approved by Team Sunkissed. Re-scheduled reservations are subject to the same terms, and may be rescheduled a maximum of two (2) times from the original reservation date for non-weather-related cancellations unless otherwise approved by Team Sunkissed. 

8. Other Terms

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same guest account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By agreeing to these terms and conditions you are stating that:

• You have authorized to use the Credit card and/or PayPal account, to have your payment details stored on file, and to be automatically charged for any damages or theft
• You will not charge back, dispute, or reverse any payments. 
• You understand that in the event that a refund is granted, transaction and processing fees are always non-refundable.
• You understand that we reserve the right to ban any account/person without notice for any reason. 
• You have read the Terms & Conditions and agree to be bound to this document including everything listed above and below.

II. PRODUCTS AND SERVICES

1. Appropriate Use

You agree to use the Products and Services solely for your personal, non-commercial use.  You agree to not use, and to not permit others to use, the Products, Services, or the Location in any manner that would contravene applicable laws, rules, or regulations, would violate the terms of any manufacturer’s or like warranty, or would contravene the manufacturer’s reasonable operational standards for the products or services. You agree to not use the products or services in any manner that is illegal or otherwise violates any applicable restriction or regulation for the Turks and Caicos Islands or the location of the reservation. You shall not alter or modify any of the products or services without the prior written consent of Sunkissed Beach Days.

You are solely responsible for adhering to any restrictions and regulations pertaining to the booking location, as well as obtaining any necessary licenses, permits, and permissions necessary or desirable for your use of the Location, and hereby warrant that you shall do so. You will be solely responsible for any fines issued to guests if any regulations are broken, including exceeding the number of allowed guests per cabana or lounge.

During your booking period, you agree and understand that there will be no onsite personnel provided by Sunkissed Beach Days to supervise the Products or Services, and that you are responsible for your individual conduct, safety, health, and all Products or Services included in your booking at all times.

2. Product and Service Availability

Certain products or services may be available exclusively online through the website. Products or services may have limited quantities and are not considered booked until confirmed in writing by Sunkissed Beach Days. Should the product or service you requested not be available, a refund or credit may be issued at the sole discretion of Sunkissed Beach Days.

We have made every effort to display as accurately as possible the colors, materials, descriptions, and images of our products and services. We cannot guarantee that the product or service will match the photos and descriptions exactly, and reserve the right to substitute any materials, colors, products, and services at our sole discretion. All descriptions of products and services are subject to change at any time without notice. We reserve the right to discontinue any product or service at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 

To enhance your Sunkissed Beach Days experience, we have partnered with third party providers for a number of add-ons including water sports, food and beverage, and more. Those companies will be communicated to you clearly throughout the booking process and if booked, you are choosing to enter into an agreement with the individual company or companies that provide those products or services. You assume full responsibility for any such arrangement. Each company operates with their own unique rules and regulations which must be followed, and additional waivers may need to be signed through them. Sunkissed Beach Days assumes no responsibility or liability for your agreements with those companies.

3. Lounge Location, Transportation, and Rebuild Requests

Sunkissed Beach Days selects standard setup locations and beaches based on several factors including but not limited to guest safety, experience, team logistics, local regulations, and natural environmental conditions. The location details for your booking are communicated in the confirmation email received by a guest after confirmation of payment. 

Custom locations must be requested via the concierge service and approved by the Sunkissed Beach Days team in advance of the reservation. Setups outside of the general service area may incur additional charges at our sole discretion and will be communicated to the guest and paid before the booking is confirmed.

Client preferences may be communicated in advance and, in general, a lounge will not be moved once it is built, based on client preference upon arrival. Once in the field, the final lounge site will be determined at the sole discretion of Team Sunkissed with considerations including but not limited to external factors such as wind and tides.

Allowable rebuilds will be at the sole discretion of Team Sunkissed, pending availability, beach conditions and other logistical factors. A Rebuild Fee, determined by Sunkissed Beach Days at the time of request based on relevant factors, will be required to be paid in full prior to a rebuild occurring. If approved and payment is submitted, the time required for negotiations, breaking down of the original lounge, payment processing, and rebuilding is considered part of your original reservation window and does not extend the re-built lounge reservation time by default. Additional time may be requested for purchase, pending availability. A rebuild will not be granted if it will impact the experience of other beach guests, namely regarding a new location or extended timeframe.

Transportation is not provided by Sunkissed Beach Days to or from the reservation. Transportation companies that are booked by guests have no relationship to Sunkissed Beach Days. You assume full responsibility for those arrangements and enter into an agreement with the individual operator(s) that is separate and distinct from Sunkissed Beach Days. We assume no responsibility or liability for any such arrangements.

4. Reservation Times

Sunkissed Beach Days reservation windows are seasonal and may shift throughout the year. For beach experiences, the seasonal timeframes are listed on the reservation webpage and are included in guest reservation confirmations.

During a guests booking process, if the reservation time(s) listed in the online booking form and/or in the initial reservation confirmation email do not reflect the correct future seasonal reservation time (as shown on the reservation webpage), the guest reservation will be manually rescheduled by the Sunkissed Beach Days team, no less than 72 hours in advance of the reservation day (if applicable), but ideally as soon as possible after booking. The client will receive a rescheduled notice.

The refund policies apply to all Sunkissed Beach Days reservations and exceptions are not offered due to concerns regarding the seasonal timeframes.

Furthermore, the reservation times listed on the website may be subject to further change on a case by case basis, if deemed necessary by Team Sunkissed to accommodate seasonal elements or outside factors outside of our control, including but not limited to sunset time, daylight savings, seasonal tides, and local events. In the event that the Sunkissed Beach Days team needs to reschedule a reservation to a time outside of the times listed on the website, they will contact the guest to discuss options.

5. IP Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of The United Kingdom, The United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or services, use of the products or services, or access to the products or services or any contact on the website through which the products and services are provided, without express written permission by Sunkissed Beach Days.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Sunkissed Beach Days (“Company”) has developed beach lounges (“Product”) and offers experiences relating to the beach lounge (“Program”, “Services”).

I hereby acknowledge, and agree as follows:

1. Assumption of Risk

I am aware of and acknowledge that there are risks of injury, illness, death and property damage inherent to participating, to traveling, and specifically to the Product and Program. I am also aware that all such risks may result from, among other causes, the active or passive negligence of Company and its employees, owners, operators, officers, independent contractors, representatives, agents and successors and Licensor and its employees (hereinafter collectively referred to as the “Releasees”). I am voluntary allowing myself to use the product and engage in the activities that may be offered on this Program with knowledge that the risk of injury, illness, death or property damage, and other associated risks, and assume any and all known and unknown risks of injury, illness, communicable illness, death, and property damage that may result from my using the Product and participating in the Program activities. I further assume all risks associated with my participation in the Product and Program including, without limitation, the risks of negligence or recklessness or failure to act, by me or by other participants or other individuals or parties, the risks associated with gathering as it relates to illness, communicable illness, and the risk of injury caused by the condition of any property, facility or transportation used during the Program.

I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.

2. Release of Liability

To the fullest extent permitted by law, I, voluntarily and without reservation, and realizing the full legal significance of my action, hereby EXPRESSLY WAIVE, RENOUNCE, AND RELEASE, on behalf of myself, my spouse or domestic partner whichever the case may be, me heirs, my representative, my successors and assigns, and my estate, all claims, demands, rights, or causes of action of whatever or whatever nature against the Releasees, including by not limited to claims of any injury, illness, loss, damage, accident, delay, irregularity or expense caused by strikes, war or acts of terrorism, weather, sickness, quarantine, government restrictions, or arising from any act or omission of an airline, bus company, hotel, tour operator or supplier of travel services in connection with the above-referenced Product and Program. Further, I accept personal responsibility for any injury (including personal injury, disability, death), illness, damage, loss, claim, liability or expense, of any kind or nature that I or my property may suffer and I agree to release the Releasees from any and all liability arising from such risks.​

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume risk associated with the Product and Program to release the Releasors from any and all liability to the maximum extent permitted by law. 

3. Indemnification and Hold Harmless

I expressly understand that Releasees are providing no, or only limited, chaperones or supervision with respect to the Product and Program and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless the Releasees for all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation on the Product and Program including, but not limited to, damage to property, and injuries or death sustained by any person(s), including myself.

4. Choice of Law, Binding Agreement, Enforceability

I agree that this agreement shall be governed by the laws of the Turks and Caicos Islands, that any lawsuit related to the terms of this agreement must be filed in Turks and Caicos, and that I shall submit to said jurisdiction and waive any objection to venue. I agree that this agreement is a legally binding agreement and it is my intent that it be constructed broadly to provide a release and waiver to the maximum extent permissible under the agreement shall remain in full force and effect and in no way be impaired.

5. Knowing and Voluntary Execution

I acknowledge that I have read this agreement, I understand that this agreement includes an assumption of risk of the Releasees’ negligence and ability. I acknowledge that the Releasees are materially relying on this waiver and are allowing my participation in the Program due to its existence.

You hereby grant to Sunkissed Beach Days the absolute and irrevocable right, and unrestricted permissions to use photographic portraits/images/videos in which you feature that are taken during Sunkissed Beach Days bookings to use/republish/copyright, etc. for commercial and marketing use in association with Sunkissed Beach Days. You hereby release and discharge Sunkissed Beach Days from any and all claims and demands arising out of or in connection with the use of the photographs and video footage, including without limitation any and all claims for libel or invasion of privacy. Sunkissed Beach Days is not responsible for internet circulation of images by outside outlets. If you do not agree to these terms, please notify hello@sunkissedbeachdays.com in advance of your booking.

For any questions, please email us at hello@sunkissedbeachdays.com

I have read and understand all of the above terms and conditions and I agree to be bound by them.