Mele Cruise

Terms of Use

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TERMS OF USE OF THE WEBSITE

As a condition of your use of this Website, you agree that:

1. You are at least 18 years of age;

2. You will use this Website in accordance with these Terms of Use;
3. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
4. You will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
5. All information supplied by you on this Website is true, accurate, current and complete;
6. You will safeguard your Meledestinations.com account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

7. You are responsible for booking your own airfare at your cost. All packages on this website do not include airfare.
8. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Melé has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
9. With regards to you passport and Visa, you must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking your package. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

10. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart.

11. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

12. SOCA SAND AND SEA LTD. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

MELÉ CANCUN 2023 TERMS & CONDITIONS

MELÉ DESTINATIONS

GUEST BOOKING RESERVATION

 TERMS AND CONDITIONS

 

  1. OVERVIEW: This Booking Contract outlines the terms and conditions by and between you, as the “Guest” (“You”), and SOCA, SAND & SEA, LTD., d/b/a Melé Destinations, a Barbados limited corporation (“Melé Destinations”, “Melé”) for your reservation, payment, and participation in the Melé Destination Cancun, scheduled for September 7 – 11, 2023 (the “Destination”) at The Moon Palace Resort in Cancun, Mexico (the “Resort”).

 

  1. DESTINATION CANCUN BOOKING PACKAGES AND AMENITIES:

Your Melé Package(s) includes the following amenities (collectively, the “Melé Destination Cancun Package”):

  • Accommodation at The Moon Palace Resort;
  • Meals at all complimentary restaurants. Note some restaurants require advance booking;
  • Beverages at all complimentary bars;
  • All Melé events at the Resort;
  • Package rates are per person based on the relevant occupancy (double, triple, quad, etc.);
  • Packages do not include taxes & fees [of US $199 although this can be added and included in our payment plans]
  • Package upgrades and/downgrades are allowed, but subject to availability

 

The following fees are applicable to all Guest reservations:

  • Name change Fee: US $150.00 (applicable up to August 6th, 2023)
  • Payment plan Fee: US $15.00 per installment, per guest
  • Late Payment Fee: US $25.00 for each payment not received by the respective due date
  • Chargeback Processing: US $150.00 (if you have a dispute, please email hello@meledestinations.com to discuss possible resolution prior to any chargeback action).

 

  1. TRAVEL TO CANCUN: If air travel is required to arrive at the Resort in Cancun, Mexico:
  • You shall be responsible for booking of your own airfare at your cost. All packages do not include airfare.
  • You shall be responsible for ensuring compliance with all foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are current and in order, along with any other foreign entry requirements. Melé has no special knowledge regarding the foreign entry requirements or necessary travel documents. Melé urges Guests to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
  • With regards to passports and visas, Guests must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking your package. Melé accepts no liability for any refusal of your entry onto a connecting flight or into any country due to your failure to be in possession of the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including transition destinations. This shall include any stops on your route.
  • As required, Guests shall also ensure that they meet all health entry requirements, obtain the recommended inoculations, take all recommended medications, and follow all medical advice in relation to travel to Cancun, Mexico.
  • Guests are strongly encouraged to book flights arriving in Cancun, Mexico on September 7, 2023 and departing Cancun, Mexico on September 11, 2023.
  • Additional nights of accommodation at the Resort are not included in any of our packages however can be booked separately though our website, subject to availability. We recommend booking the same room type that you have booked with your Melé package to avoid having to change rooms during your stay.

 

  1. BOOKING INITIATION/PAYMENT OPTIONS:
  • The Guest who initiates the booking shall be considered the primary guest and shall be responsible for all changes to the booking, including any cancellations;
  • You may be presented with several payment options. Please note that prices vary between payment options;
  • VISA and MasterCard credit cards are the only methods of payment accepted. Your credit card will be charged in US dollars by Soca Sand & Sea Ltd. and/or Soca Sand & Sea, Ltd., d/b/a, TMR Ltd.

 

  1. PAYMENT PLANS:
  • You may select a payment plan in order to pay for your booking in installments. By enrolling in a payment plan, you agree to the following terms & conditions:
    • After selecting a payment plan and completing the required down payment, orders/invoices will be generated for each ‘future payment’;
    • You will receive an email reminder on the date each payment becomes due. You shall be responsible for paying each invoice on time even if a reminder notice is not received via email;
    • Every invoice must be paid in full on the date it is due;
    • If you have a card on file with us, the card will be automatically billed at each payment due date;
    • Late payment of invoices may result in late charges;
    • If you fail to complete payment on two (2) or more past due invoices, your booking will be considered for cancellation. Bookings will be cancelled in accordance with the cancellation penalties outlined herein;
    • If all invoices are not paid in full by July 15th, 2023, your booking will be cancelled in accordance with the cancellation penalties outlined herein;
    • You may have the option to spilt payments amongst other guests in the same room.

 

  1. CANCELLATION AND REFUNDS:

 

  • If the Destination event is postponed due to unforeseen circumstances, you can retain your reservation and it will be honored for the rescheduled dates.
  • Cancellation requests for any other reason should be sent to our support email hello@Melédestinations.com. If applicable, any refunds will be returned to the original form of payment used for the reservation, i.e., if you paid by credit card, the refund will be issued to your credit card used at the time of reservation. Please note your bank may take up to seven (7) days to post the credit to your account.
  • Refunds are processed 7–10 working days from the day the refund request is received. Refunds are subject to cancellation penalties outlined below.
  • The Guest agrees that Melé shall not be liable to make any refund to the Guest for pacakges that are wholly or partially unused by the Guest except as expressly stated herein or as otherwise required by law. Refunds shall be made as specified herein, or in the cancellation policy section of these Terms and Conditions.

 

 

  1. CANCELLATION PENALTIES:
  • Guests shall have the right to cancel and receive a refund of the amount paid towards the Melé Destination Package for cancellation requests received in writing on or before March 10, 2023 (181 days or more before the Destination start date of September 7, 2023) less a penalty of $150.00 for administration and processing.
  • Guests shall have the right to cancel and receive a refund of the amount paid towards the Melé Destination Package for cancellation requests received in writing on or before July 8th, 2023 (61 days or more before the Destination start date of September 7, 2023) less a penalty of 50% of the package price. If the guest has paid less than 50% of the package price at the date of cancellation, no refund will be issued.
  • Guest shall NOT have the right to cancel and receive a refund of the amount paid towards the Mele Cruise Package for cancellation requests received on or after July 8th, 2023 (61 days or less before the Destination start date of September 7, 2023). Subsequent to July 8th, 2023, your booking will be considered non-refundable. All Guests are encouraged to purchase travel insurance.

 

  1. TALENT CANCELLATION: Melé has engaged a number of talent, including, but not limited to, DJs, designers, performing artists (collectively, the “Talent”), for event programmatic activation on the Cancun Destination.  Melé shall not be liable or responsible for the failure of any Talent to appear on the Cancun Destination or to perform pursuant to any underlying confidential agreement with the Talent. Further, neither Melé nor the Resort shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from a Force Majeure Event, Force Majeure Events or other cause or circumstance beyond Melé’s control. In the event of any failure of contracted Talent to perform during the Cancun Destination, Melé, in its sole discretion, may engage a replacement Talent or may change, postpone, or terminate all or any part of the Cancun Destination or the entertainment program or change the program or itinerary. In such case, Melé shall have no liability to any Guest for any loss, damage, cost, or expense whatsoever by reason of such change.

 

  1. FORCE MAJEURE: If Melé or the Resort is forced to cancel the Cancun Destination due to an Act of God, pandemic, epidemic or other health emergency (including SARS-CoV-2/COVID-19 and/or any other communicable disease), hostilities, blockades, labor conflicts, strikes aboard or ashore, restraint of rulers or princes, war, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions and considerations of safety of the Resort, beyond Melé’s and/or the Resort’s control (collectively, such causes shall be referred to as “Force Majeure Events” and singularly as a “Force Majeure Event”), the sole liability of Melé shall be for a refund of all monies paid by you to Melé hereunder for all obligations not then performed.

 

  1. GUEST CONDUCT: All Guests are strictly prohibited from the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in removal from the Resort or referred to the respective law enforcement officials for appropriate legal action. In such case, Melé shall not be liable for any refund or other compensation or damages. Further, Guests are strictly prohibited from making any threats of violence including verbal or physical threats such as physical actions short of actual contact or injury (moving aggressively into another’s personal space), general oral or written threats to people or property and implied threats, sexual harassment, sexual violence, violent behavior including any physical assault, with or without weapons; behavior that a reasonable person would interpret as being potentially violent, or specific threats to inflict physical harm. Threats, threatening behavior or acts of violence against other Guest, including Resort staff will not be tolerated. Violations of this policy will lead to cancellation of your reservation, immediate disembarkation, arrest and/or criminal prosecution as appropriate. In such cases, Melé shall not be liable for any refund or other compensation or damages.

 

  1. PUBLIC HEALTH PROTOCOL:

 

  • Recommended Consultation with Personal Physician. Guests are encouraged to discuss the advisability of travel with their personal physicians and to review the U.S. Centers for Disease Control and Prevention (“CDC”) website for updated information. The CDC has identified elderly persons and persons with certain chronic medical conditions as being at increased risk of life-threatening complications from being infected with COVID-19. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE AT THE RESORT, DURING ACTIVITIES AND/ OR WHILE TRAVELING TO OR FROM THE RESORT, THE GUEST OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, COLDS, NOROVIRUS, AND POTENTIALLY NEWER DISEASES NOT YET KNOWN. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, IS BEYOND RESORT’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

 

 

 

12.    LIMITATIONS AND DISCLAIMERS OF LIABILITY:

  • MELÉ DISCLAIMS ALL LIABILITY TO THE GUEST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT GUEST, NOR FROM THAT GUEST HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE

 

  • MELÉ SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES AT THE RESORT INCLUDING, BUT NOT LIMITED TO, GUEST PARTICIPATION IN SNORKELING PROGRAMS OR GUEST USAGE OF ANY PADDLEBALL, ROCK CLIMBING WALL, BOWLING, BUNGEE TRAMPOLINE, JET SKI, RAPPELLING WALL, SPIDER WEB, GOLF, ONBOARD WATER-SLIDES, HIPPO SLIDE, GYMNASIUM, GO-KARTS, LASER TAG, ZIP LINE, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY UTILIZING SAID FACILITIES, THE GUEST AGREES TO ASSUME ALL RISKS, OF WHICH THE GUEST ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE RESORT FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE GUEST’S USE OR INTENDED USE OF SAID FACILITIES AND/OR

 

13.  TIME LIMITATIONS OF ACTIONS; ARBITRATION:

  • SUITS FOR INJURY OR DEATH: THE GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST MELÉ FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO THE RESORT WITHIN 185 CALENDAR DAYS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
  • OTHER SUITS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BROUGHT IN PERSONAM OR IN REM OR BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND RESORT, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED IN SMALL CLAIMS COURT, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION AS OUTLINED BELOW.

 

  1. SEVERABILITY: Except as provided herein, should any provision of this Contract be deemed invalid for any reason, the Guest agrees that said provision is deemed to be severed from this Contract and shall be of no effect, but all remaining provisions herein shall remain in full force and

 

  1. VENUE AND GOVERNING LAW: EXCEPT AS OTHERWISE SPECIFIED HEREIN, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE GUEST’S CRUISE, AS WELL AS THE INTERPRETATION, APPLICABILITY, AND ENFORCEMENT OF THIS CONTRACT SHALL BE GOVERNED EXCLUSIVELY IN ACCORDANCE WITH THE PROCEDURAL AND SUBSTANTIVE LAW OF BARBADOS WITHOUT REFERENCE TO CONFLICTS OF LAW, AND THE PARTIES AGREE TO SUBMIT TO ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CRUISE, TERMS AND CONDITIONS, AND/OR MELÉ TO A PRIVATE AND CONFIDENTIAL ARBIRATION (BY A SOLE ARBITRATOR) IN BARBADOS PURSUANT TO BARBADIAN LAW. SUCH REFERENCE SHALL BE MADE TO THE EXCLUSION OF ANY OTHER COURT, VENUE OR JURISDICATION. YOU AGREE TO WAIVE ANY VENUE OR OTHER OBJECTION THAT YOU MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN BARBADOS.

 

  1. USE OF GUEST LIKENESS: By this booking and entering the Cruise, the Guest consents and releases to Melé’s use and display of the Guest’s likeness in any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation or liability of any kind. Guest further agrees that any type of photograph or recording, in any audio or video format, of the Guest, other guests, staff members, independent contractors, concessionaires, guest entertainers or any other third party at the Resort, shall not be used by Guest for any commercial purpose, or other financial gain, personal or otherwise, including but not limited to in any media format or broadcast, or for any other use without the express written consent of Melé.

 

You further agree in exchange for Melé and its assigns granting you access to the Resort and all Melé activites, you grant to Melé the full unencumbered right in perpetuity and throughout the universe to use your photograph, image, name and likeness in video, and voice in any media of any of kind now known or hereinafter devised, including the right to assign and authorize your photograph, your image, name and likeness in video, for Melé’s promotion, advertising or any other lawful purposes, without limitations, at Melé’s sole discretion, including the right to edit, combine with other materials or create any type of derivative materials thereof for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to you. All rights in and to the intellectual property created thereof shall be owned by Melé. You further hereby waive any right of droit morale that may be afforded you under the laws of any country and waiving the rights to arrange, adapt, change, modify, limit or deny use of your photograph, video, likeness and voice.

 

Notwithstanding, Guest shall retain the right to rescind the above release in writing upon arriving for the the Resort or at any time prior to leaving the Resort.  After the program, the right to rescind shall be waived in perpetuity.  

 

 

17.  PERSONAL DATA AND PRIVACY:

  • The Guest’s personal data, which may include sensitive data, will be processed in accordance with our privacy policy, which describes how personal data may be processed, and which is available on our website.
  • Guest agrees that Melé may disclose personal or sensitive data to unaffiliated third parties (1) with the Guest’s consent or authorization, (2) to help complete a transaction for the Guest, (3) to comply with laws, regulations, governmental and quasi-governmental requests, orders or legal processes, (4) to enforce this Contract or other agreements or to protect the rights, safety or property of Melé or others.

 

  1. CUSTOMER SERVICE AND COMMUNICATIONS:

For any questions regarding these Terms and Conditions or amenities related to the booking of your Destination Cancun Package, Guest shall remit all customer service inquires to hello@meledestinations.com. Melé will respond to all inquiries within 72 hours.

 

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