Terms of Service

Acceptance of Terms

By using our website, booking our services, or visiting our marina and resort facilities in Falmouth Harbour, Antigua, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

Services Offered

Marina And Resort LTD, trading as Antigua Superyacht Marina & Resort, provides the following services:

• Marina berth rentals and yacht services
• Resort accommodations and hospitality services
• Dining, shopping, and wellness amenities
• Event hosting and recreational activities
• Concierge and guest services

Booking and Reservations

Marina Berth Reservations

• Advance Booking Required: Marina berths must be reserved in advance. Walk-in availability is not guaranteed.
• Vessel Requirements: All vessels must provide valid registration, insurance documentation, and comply with size and draft restrictions. The marina accommodates vessels up to 100m and over in length with a maximum draft of 25 feet; moorings are limited to vessels of 80 feet or less. Vessels exceeding the limits of the berth assigned to them may be refused or relocated.
• Minimum Stay: Minimum stay requirements may apply during peak seasons and special events.
• Rate Changes: Rates are subject to change based on season, demand, and special events. Confirmed reservations will honor the rate agreed upon at booking.

Resort Accommodations

• Check-in/Check-out: Standard check-in is 3:00 PM and check-out is 12:00 PM.
• Early Check-in: Early check-in may be offered at management's discretion, subject to availability, and cannot be guaranteed. Rooms cannot be released before 3:00 PM where the property is fully occupied.
• Late Check-out: Late check-out is subject to availability and is charged at USD $25.00 until 3:00 PM and USD $50.00 after 3:00 PM. Departure after 3:00 PM without prior arrangement may be charged at the full nightly rate.
• Occupancy Limits: Maximum occupancy limits must be observed. Additional guests may incur extra charges.
• Age Requirements: Guests must be 18 years or older to make reservations.
• Identification Required: A valid government-issued photo ID and a valid credit or debit card are required at check-in.

Payment Terms

• Payment Methods: The resort accepts Visa, Mastercard, and American Express. Bank transfers and other payment methods may be available as specified during booking.
• Third-Party Bookings: If your stay has been booked by a third party, our Credit Card Authorization Form must be completed and submitted before arrival. This form is required whenever the cardholder will not be present at check-in.
• Marina Berth Deposits: A deposit is required to secure your reservation. The deposit amount is the greater of one-third (⅓) of the total dockage fee or a minimum of 3 nights' dockage, and must be received within 7 days of booking confirmation.
• Resort Accommodation Deposits: A deposit of 50% of the total accommodation charge is due at the time of booking.
• Full Payment: Full payment may be required at the time of booking or prior to arrival, as specified in your reservation confirmation.
• Taxes and Fees: All applicable taxes, service charges, and fees will be clearly disclosed before payment.
• Tourism Guest Levy: All rates are subject to a mandatory Tourism Guest Levy of USD $5.00 per person, per night, applicable to guests 6 years of age and older.
• Metered Services: Electricity, fresh water, garbage collection, and similar marina services are billed on usage at the rates set out in our published rate schedule, which is available on request and may be updated from time to time. Usage charges are invoiced on or before departure and are payable in addition to dockage.
• Currency: All prices are quoted in USD unless otherwise specified.

Cancellation and Refund Policy

Marina Berths - Deposit Policy

Deposit Requirement

A deposit is required to secure your reservation. The deposit amount is calculated as the greater of one-third (⅓) of the total dockage fee or a minimum of 3 nights' dockage. The exact amount will appear on your invoice. The deposit is applied to the final portion of your stay.

Deposits must be received within 7 days of booking confirmation. Reservations without deposit payment within this period may be released.

Cancellations & Refunds

• 14+ days before arrival: Full refund with $150 processing fee
• 7-13 days before arrival: 75% refund of deposit
• 3-6 days before arrival: 50% refund of deposit
• Less than 72 hours or no-show: Deposit forfeited

Weather & Force Majeure

If arrival is prevented by a named storm, official port closure, or mandatory evacuation, deposits are refunded in full.

Early Departures

If you depart earlier than planned, your deposit (already applied to your final nights) will be retained, and you remain responsible for nights used.

Resort Accommodations

• Cancellation/Change Policy: Cancellations made 15 days or more prior to arrival are eligible for a full refund.
• Late Cancellation: For cancellations made within 14 days of arrival, the 50% deposit will be forfeited.
• No-Shows & Early Departures: No refunds or credits will be issued for no-shows, late arrivals, or early departures.
• Peak Season: Special cancellation terms may apply during peak seasons and holidays
• Force Majeure: Cancellations due to circumstances beyond our control may have different terms

Group Bookings

Group bookings are subject to separate terms. A deposit of 50% is required to confirm the reservation, and cancellations must be made at least 30 days prior to arrival. Cancellations made within 30 days of arrival will result in forfeiture of the deposit. The resort cancellation terms set out above do not apply to group bookings. Where a signed group agreement is in place, that agreement prevails.

Guest Conduct and Facility Rules

All guests and visitors must comply with the following rules:

• Respectful Behavior: Treat staff, other guests, and property with respect
• Noise Policy: Maintain reasonable noise levels, especially during evening hours (10 PM - 7 AM)
• Smoking: All public areas of the resort are non-smoking. Smoking is strictly prohibited inside guest rooms; guests may smoke on the balcony of their room. Cleaning charges may apply where this rule is breached
• Pets: Pets are not permitted on the property. Service animals may be accommodated by prior arrangement with management
• Safety Compliance: Follow all safety instructions and posted guidelines
• Environmental Responsibility: Dispose of waste properly and respect marine environment
• No Illegal Activities: Illegal activities, drug use, or excessive alcohol consumption are prohibited
• Property Care: Guests are responsible for any damage to property or equipment
• Security: Report suspicious activities and secure personal belongings

Facilities, Amenities and Accessibility

Availability of Amenities

Facilities, amenities, dining outlets, retail outlets, and services may change, close temporarily, or be withdrawn without notice, whether for maintenance, refurbishment, seasonal reasons, weather, or circumstances beyond our control. Individual outlets on the property are in some cases independently operated and set their own opening hours. The availability of any particular amenity is not a condition of your reservation, and its unavailability does not entitle you to a refund, discount, or cancellation outside the cancellation terms above.

Accessibility

The property is not wheelchair accessible. A limited number of guest rooms are located on the ground floor near reception; all other rooms are reached by stairs, and the property occupies sloping ground. Guests with mobility requirements should contact us before booking so that we can confirm whether we are able to accommodate them.

Website Use

Acceptable Use

You agree not to use our website to submit false, fraudulent, or speculative reservation requests; to interfere with or disrupt the website or its underlying infrastructure; to attempt to gain unauthorised access to any part of the website or to another user's information; to scrape, harvest, or systematically extract data from the website; or to use the website for any unlawful purpose. We may suspend or refuse access, and cancel any reservation obtained through such use.

Website Availability and Accuracy

Our website is provided on an "as is" and "as available" basis. While we take care to keep rates, availability, descriptions, and images current, we do not warrant that the website will be uninterrupted, error free, or free of inaccuracies. Descriptions, images, and rate information are indicative and do not form part of a contract until a reservation is confirmed by us in writing. Obvious errors and misprints are not binding on us.

Third-Party Links

Our website may link to websites operated by third parties, including independently operated outlets, service providers, and booking or payment platforms. We do not control those websites, are not responsible for their content, terms, or privacy practices, and a link does not imply endorsement.

Liability and Insurance

Limitation of Liability

To the fullest extent permitted by law, Marina And Resort LTD, trading as Antigua Superyacht Marina & Resort, shall not be liable for:

• Personal injury, property damage, or loss not directly caused by our negligence
• Theft of personal property or vessel contents
• Weather-related delays or cancellations
• Acts of nature, force majeure events, or circumstances beyond our control
• Third-party services or activities not directly operated by us, including taxi and airport transfer providers, marine contractors, and independently operated dining, retail, and wellness outlets
• Loss of or damage to vehicles. The property does not provide private parking, and any public parking used by guests is outside our control
• Noise, disruption, or nuisance originating outside the property. The marina sits within an active harbour and entertainment district, and guests should expect ambient noise, particularly during the Winter season and event periods

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with your reservation, your stay, or your use of our facilities shall not exceed the total amount you paid to us for the reservation giving rise to the claim. We are not liable for indirect, incidental, special, or consequential losses, including loss of profit, loss of enjoyment, or wasted travel expenditure.

Insurance Requirements

• Vessel Insurance: All vessels must maintain adequate marine insurance coverage
• Personal Insurance: Guests are responsible for securing travel insurance covering cancellations, curtailment, and loss of baggage, personal effects, or valuables
• Liability Coverage: Vessel owners must carry liability insurance covering third-party damages

Valuables

Please store valuables in the in-room safe. Antigua Superyacht Marina & Resort is not liable for lost, stolen, or damaged items.

Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or other force majeure events. In such cases, we will work with guests to reschedule or provide alternative arrangements when possible.

Intellectual Property

All content on our website, including text, images, logos, and design elements, are the property of Marina And Resort LTD, trading as Antigua Superyacht Marina & Resort, or our licensors and are protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute our content without express written permission.

Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of information as described in our Privacy Policy.

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Antigua and Barbuda. Any disputes arising from these Terms or your use of our services shall be resolved through:

• First, good faith negotiations between the parties for a period of 30 days
• If unresolved, binding arbitration seated in Antigua and Barbuda, conducted in English before a single arbitrator

The courts of Antigua and Barbuda shall have exclusive jurisdiction for the limited purposes of enforcing an arbitration award and granting interim or injunctive relief. Nothing in this section affects any non-waivable right you may have under the consumer protection laws of your country of residence.

Modifications to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new "Last Updated" date. Your continued use of our services after any modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Acknowledgment

By using our website and services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. These Terms constitute the entire agreement between you and Marina And Resort LTD, trading as Antigua Superyacht Marina & Resort, regarding your use of our services, except that where you have entered into a signed dockage, group, or event agreement with us, that agreement prevails to the extent of any conflict with these Terms.