Policies, Terms & Conditions

Website

 

This website www.tuburancove.com (“Website”) is owned and operated by Tuburan Cove Beach Resort (“Company”), a sole proprietorship with an address of Tuburan Cove Beach Resort, Barangay Alegria, Buruanga, Aklan.

 

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (collectively, “Terms and Conditions”).  By using the Website, you will be deemed to have accepted these Terms and Conditions.

 

By accepting the Terms and Conditions, you will be entering into a binding agreement with the Company and its affiliates and subsidiaries and the hotels, resorts and properties managed by Tuburan Cove Beach Resort for the use of this Website. The use of “we” or “us” refers to the Company & Tuburan Cove Beach Resort.

 

Reservations

 

  1. Policies, Terms & Conditions

 

When you book accommodations or services at Tuburan Cove Beach Resort, you agree to the following terms and conditions. The terms & conditions herein stated should not be construed to be complete and exclusive.

 

  1. Confirmed Bookings

All bookings are held in good faith for the arrival to the departure dates listed in the reservation system, at the rate specified at the time of booking. A pre-payment for your booking should be received by the Resort in advance of your arrival. A reservation is confirmed with a valid bank transfer, Gcash transfer or Paypal transaction. You undertake that you are of legal age; that all details you provide as part of the booking process, payment process or any purchase on this website are correct; that the credit card, bank account, or Gcash account used is your own; and that there are sufficient funds to cover the cost of the accommodations and other products & services. Reservations may be cancelled if any of the above conditions cannot be met and verified. Any reservation made is not confirmed or held until replied with a Booking Confirmation email sent by the Resort. Once a booking is confirmed and the guest does not occupy the room on the due date, the advance payment would be forfeited. Confirmed bookings may be rescheduled at your request by email or Facebook messenger subject to availability and at least 72 hours prior to date of arrival.

 

  1. Package deals, add-ons and Promos

These are offered from time to time and are subject to further terms and conditions that may or may not be detailed in the website. These terms and conditions may be confirmed by contacting the Resort Reservations prior to booking. Bookings for these packages indicate acceptance of all additional specific terms and conditions. Any and all package deals, add-ons and promos may be withdrawn at any time without notice. Bookings of package deals, add-ons & promo purchases are non-refundable, non-exchangeable, and non-transferable.

 

  1. Minimum Stay

Package deals and some standard rate bookings during peak periods require minimum nightly stay. Changes to reservations that do not meet minimum stay may be refused. Early check-out’s for reservations with minimum stay requirements may not be refunded. While we do our best to inform the guests of our policies, it is ultimately the guests’ responsibility to be aware of any minimum stay requirements of their reservation.

 

  1. Check-in Time 2:00 pm Check-out Time 11:00 am

 

  1. Meals, Spa services & incidentals not mentioned in the inclusions are additional charges.

 

  1. Children under 3 years old are free of accommodations only

 

  1. AII rates are subject to change, without prior notice. All rates for the Glamping Cottages are for 1 to 2 adults.

 

  1. Special requests made during reservation of bookings for additional services, amended check-in/out times or particular Glamping Cottages/views are subject to availability and may incur additional costs. Requests cannot be guaranteed until check-in.

 

  1. Changes to the details provided

It is your responsibility to inform the Resort Reservations any changes to the details you gave as soon as possible. Failure to do so may result in the cancellation of the reservation without refund. Also, the Resort will not be held liable for the delay or failure to carry out an obligation or arrangement of the changes due to your failure or delay in informing the changes. In such cases of failure or delay, the Resort must be granted a reasonable extension of time to perform the obligation or arrangement.

 

  1. Cancellation/No Show Policy/Rebooking

Cancellation must be informed thru email or thru the website or thru Facebook messenger.

 

Cancellation made:

Less than 72 hours prior to arrival date          – payment is forfeited

More than 72 hours prior to arrival date        – full refund

For a booking of 3 or more Glamping Cottages, cancellation must be made 1 week or more prior to Check-in in order to receive a full refund.

 

  1. Refunds for Bank Transfers & credit cards will be made after complete payment and after the bank declares that there is no irregularity in the transaction.

 

“Shortened Stays” & “No Shows” for confirmed bookings will not be refunded. For group or corporate booking, cancellation can be confirmed with the Resort Reservations by the authorized representative for the group, or the person who made the reservations.

 

  1. A rescheduling (rebooking) or other arrangements may, at the sole discretion of the Resort shall be considered with a fee of PHP500, but subject to availability and within six (6) months from time of booking. The rate at the time of booking will prevail, but if a schedule will be changed from lean period to peak period, the price difference will be collected. Peak periods are Holy Week and December 20 – January 2. The rest of the year falls under lean period.

 

  1. Force Majeure

Tuburan Cove Beach Resort shall not be held liable for cancellation of bookings and shortened stays because of force majeure/acts of God or conditions beyond the Resort’s control, which include floods, earthquakes, explosions, fire, civil disobedience, war, epidemic/pandemic, legislation not in force at the date of this agreement, labor disputes or delays of third parties. Also, the Resort will not be held liable for failure to carry out arrangements and other obligations due to the same circumstances. In such cases, the Resort must be granted a reasonable extension of time to perform the obligations or arrangements.

 

A rescheduling (rebooking) or other arrangements may, at the sole discretion of the Resort shall be considered without rebooking fee, but subject to availability and within six (6) months from time of booking. The rate at the time of booking will prevail, but if a schedule will be changed from lean period to peak period, the price difference will be collected.

 

  1. Identification

A valid passport for foreigners, and a valid government ID or valid passport for local residents should be presented upon check-in. A reservation may be denied without refund for any refusal or inability to present valid identification. The Resort requires guests who reserved by online to present their credit cards used to complete the booking at check-in.

 

  1. Limitation of Liability

Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the full extent permitted by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with (i) any use, reference to or reliance on any content or materials in the Website; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the Website; (iii) the access to or use of the Website; (iv) the access to or use of any information held on or through the Website by unauthorised third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the Website; (vi) any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties or any injury, illness, death, loss, or damage arising from your use of any third party websites, applications, products or services available in the Website; or (vii) the performance or non-performance by us with respect to products or services available in the Website; even if you have been advised of the possibility of any or all of the foregoing.

Notwithstanding the above, and to the full extent permitted by law, you agree that in the event we are held liable for any damages related to this Website, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties, we disclaim any and all liability relating to them. To the full extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this Website in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

 

Indemnity

You agree to indemnify and keep us, our parent company, subsidiaries, affiliates, officers, directors, representatives, employees and agents indemnified from and against any liability, loss, claim, dispute, demand, damage or cost (including without limitation legal fees) which arises out of or is caused by your breach of the Terms and Conditions, your use of the Website or your violation of any laws or third party rights.

 

  1. Consequences of Non-Compliance

If you fail to comply with the Terms and Conditions, without prior notice and without any liability to you or any other person, we reserve the right to take all or any of the following actions:

  • cancellation or modification of your reservation(s) or transaction(s);
  • issuance of a warning to you;
  • termination, restriction or suspension of your use of or access to any or all part of the Website;
  • commencement of legal action against you; or
  • disclosure of information about you to law enforcement authorities as we may determine in our sole discretion.

The above is not exhaustive. We may take any other action in our absolute discretion.

 

Other Policies

 

Functions and parties are not permitted in the Glamping Cottages and its premises. No exceptions. The only guests that are to occupy the Glamping Cottages are those who are registered with the Resort on check-in. Visitor limits apply and are enforced.

 

Visitors

The Resort gates are closed for all visitors, including guests’ visitors, between 10 pm and 8.30 am every day. The Resort will not open the gates during this period, for any reason. Any checked-in guest who would want to stay out of the Resort at the aforementioned period must inform the Resort beforehand.

 

Privacy

The security of guests is of prime importance to the Resort. It is committed to protect your privacy, the confidentiality and security of personal information you provided us. The information you provide is necessary to process and confirm your reservation; and may include collecting this information in a personal profile. We may also collect information to allow us to properly process the payment of accounts.

 

The information you provide us may be used to:

– Contact you in the event of an amendment to any reservations you hold

– Create a profile to assist with any further reservations you made

– To inform you by email, if you have so agreed when registering on our site, of our special offers and promotions that may be relevant to you

 

The information you provided may be disclosed to other parties that have a contractual relationship with the Resort like banks and service providers. The Resort may have legal obligations required by law to disclose information you provided to the Resort.

 

Bringing of food/drinks to Tuburan Cove Beach Resort premises & beach is not allowed.

 

Pets are not allowed in Tuburan Cove Beach Resort premises & beach.

 

Personal Belongings

Guests are reminded to mind their personal belongings. A safe is at hand to keep valuables secured. The Resort is not liable for such loss if there is negligence on the part of the guest, and after investigation, there is no evidence to warrant any negligence or mischief on the part of the Resort or its staff.

 

Photography and Filming

Photography is permitted as long as it is for personal use and not to be published in any other format. Photography and filming are not permitted in any other public areas of the resort aside from designated areas and should be under the supervision of the Resort’s employee. A written approval from the Resort is required for commercial photography or images including trademarks or trade names.

 

Website Policies

The website may contain links to third party websites that may or may not have a contractual relationship with the Resort. The Resort has no control over these websites and accepts no liability for any content, damage or harm as a result of visiting these websites. We will not guarantee that any file or program available for download or execution from or via this site is free from any viruses or other conditions that may damage or interfere with hardware, software or data. We accept no liability for any damage or harm as a result of the use of this website or any files or pages linked from it.

 

Travel During Quarantine Period

The Resort advises all guests to be aware of and comply with Provincial and LGU policies for travellers to Buruanga. Guests who do not comply with the policies cannot claim refund on their confirmed booking due to a no show.

 

Governing Law

Except to the extent that another laws are applicable to you during your stay and that such application cannot be waived or altered by contract, the Term and Conditions shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to conflicts of laws, rules or principles.

 

Arbitration

Any dispute, controversy, difference or claim arising out of or relating to the Terms and Conditions, including the validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration by an appointed judge in the Province of Aklan.

 

Amendment of the Terms and Conditions

The Company may amend the Terms and Conditions at any time without prior notice. Your continued use of the Website after any such amendment constitutes your acceptance of the amended Terms and Conditions. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website.

 

Miscellaneous

We retain our right to exercise or enforce any right contained in the Terms and Conditions. In the event that we fail to take action, it shall not be deemed as a waiver of our right or prevent us from taking subsequent action in respect of that right or of any other right.

In the event of any provision of the Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

 

The Terms and Conditions are written in the English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of the Terms and Conditions, the English version shall prevail.