i Please read these terms and conditions carefully.
ii All bookings made via this website or with Out of the Blue directly are made subject to these terms and conditions and the person making the booking will be deemed to have accepted these Terms and Conditions on behalf of all persons who will be staying at Out of the Blue under the booking once any payment is made in relation to the booking.
iii If any part of your booking falls on a date which is classified as a Peak Season Booking date then your entire booking will be deemed a Peak Season Booking and any terms or conditions which apply to Peak Season Bookings will apply to your entire booking.
iv Any prices, fees, deposit amounts or charges which are specified or referred to in these terms and conditions are in the same currency as the booking to which they relate.
- In these Terms and Conditions:
- “Best Available Rate” means the best rate available on any given day for “Out of the Blue Fiji“
- “Child” has the meaning given in clause 11.
- “Booking Credit” means credit which may be applied to future accommodation or accommodation package bookings with Out of the Blue subject to clause 4.
- “Infant” has the meaning given in clause 11.
- “Out of the Blue Fiji” means Ocean’s 11 PTE Limited trading as Out of the Blue Fiji.
- “Peak Season Booking” means a booking which is advertised as a Peak Season Booking.
- “You” and “Your” mean the person who is making the booking.
3. Photographic Identification
- When you check-in you may be asked to provide photographic identification.
- If you are unable to provide such identification your booking may be cancelled and you may be liable to pay Out of the Blue an amount equal to the full booking amount plus any other costs incurred by Out of the Blue in connection with the booking. Accordingly, any pre-payment you have made in relation to the booking will be forfeited to Out of the Blue under this term.
4. How To Book / Quotes and Reservations
- Bookings can be made online via any of the websites or directly by calling +6797773202 or +61416519390.
- Bookings are subject to the availability and applicable pricing at the time of the booking and some conditions and/exclusions may apply including but not limited to minimum stay requirements.
- Any quote given is an estimate only of price and the price will only be confirmed once a payment is made on the booking and you receive written advice from Out of the Blue that the payment has been received and the booking has been confirmed.
- Any confirmed price is subject to change if:
- a payment which is due on a booking is not received by Out of the Blue by the date the payment is due; or
- there is a change in or imposition of a government charge, tax or levy which entitles or necessitates Out of the Blue changing the price of your booking; or
- any details relating to your booking are amended, for example your dates of stay, your room type or the number of persons staying under your booking, in which case clause 9 will apply; or
- If the price of a booking is changed under clause 4.vi you may pay the new price for your booking or cancel your booking and receive a full refund; or
- If you reasonably believe a written confirmation or invoice which has been provided to you is incorrect, you can request that Out of the Blue reissue that written confirmation or invoice and you may either pay the amount specified on the reissued written confirmation or invoice by the date which it is specified as being due, or cancel your booking.
- Payments may be made by Visa, MasterCard, Diners and American Express, Australian Dollar personal or bank cheques/drafts or Telegraphic Transfer (allow 7 days transaction time).
- A 2.95% to 3.5% surcharge will apply to all credit card, debit card and PayPal transactions.
- Deposit and Final Payment
- For Bookings full payment is made where received within 60 days prior to your scheduled day of arrival and so at the time of booking.
- For Bookings outside of 60 days prior to your scheduled day of arrival a 50% deposit is made at the time of booking. The balance of 50% is made at 60 days prior to your scheduled day of arrival
- If final payment is not received by the due date, Out of the Blue reserves the right to cancel the booking and any monies paid by you in relation to your booking will be forfeited to Out of the Blue.
- Once final payment of your booking has been made confirmation of that payment and your booking will be sent to you via email or post to the email or postal address you provided at the time you made the booking.
- Rates and Charges
- The currency applicable to any quoted rates will be specified with the quoted rate. All quoted rates are subject to change at any time until full payment is received.
- Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example VAT) where applicable.
- Quoted rates do not include free transport to and from Out of the Blue from Nadi airport. They do not include items of a personal nature including but not limited to telephone calls, taxis, meals or airport taxes, unless otherwise indicated.
- Some rates which are quoted are valid only for a minimum number of nights and if the number of nights included in your booking changes the rate may also change.
- For information on rates for Children, Infants and extra persons, please refer to clauses 11 and 12.
- A quote is valid for 7 days from date of issue unless specified otherwise.
- Free data package (WiFi) is 25GB per week and once used is topped up by 25GB at a cost of FJD$75 (subject to change within quote for stay).
- To the extent permitted by law any amount paid by you to Out of the Blue for your booking is non-refundable unless stated otherwise in these Terms and Conditions.
- All amendments are subject to the availability and applicable pricing of Out of the Blue at the time the amendment is requested.
- Amendments for Bookings may be requested within the following time frames:
- up to 120 days prior to your scheduled check-in time.
- If amendments are requested outside the time frames specified in clause 9.2 or 9.3 you may be charged a 100% cancellation fee in addition to the cost of your amended booking and any reduction in the amount which is payable by you in such case will be at Out of the Blue's absolute discretion.
- Amendments may be requested in the following manner:
- Up to 120 days prior to your scheduled check-in time: via emailing email@example.com or calling +6797773202 or +61416516390
- The following charges will apply to amendments requested and approved:
- Up to 120 days prior to your scheduled check-in time via email: a 25% amendment fee will apply.
- Within 120 days prior to your scheduled check-in a 100% amendment fee will apply.
- If the rate which applies to an amended booking is greater than the rate which applied to the original booking, you must pay the difference along with any amendment fee in full at the time the amendment is approved.
- If a booking is cancelled within 120 days of expected arrival the payment you have made will not be refunded.
6. Check in
- Standard check-in time is 2:00pm but times may vary and you should confirm the check-in time with Out of the Blue prior to your scheduled check-in day.
7. Check-out: Standard
- Standard check-out time is 10:00am but times may vary and you should confirm the check-out time with Out of the Blue prior to your scheduled check-out day.
8. Late Check-out
- If you wish to check-out later than the standard check-out time you must obtain approval from property management at least 48 hours prior to your scheduled check-out time and late check out fee may also apply.
- Property management may approve a request for late check-out in their absolute discretion.
9. Security Deposits
- You must make available a credit card authorisation or imprint when you check-in.
- This authorisation may be used to cover incidental items including but not limited to telephone charges, security bond or deposit for any breakages or damage incurred during your stay or cleaning charges in excess of the normal level of cleaning.
- The pre-authorisation process validates your credit card, and protects both the cardholder and merchant from increasing fraud incidents.
- The pre-authorised amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorisation and the pre-authorisation will affect your available funds balance or spending limit. For more information on this practice please contact your card issuer.
- Once a pre-authorisation has been made, Out of the Blue cannot release, remove or lower the authorised amount, until we process the final account on departure. This is a restriction imposed by the card issuer, and cannot be negotiated.
- Where a credit card is not available a minimum (AUD) $950.00 cash deposit will be required on check-in.
10. Villa Servicing
- Your booking will include daily room servicing.
- Additional room services can be arranged directly and charges will apply.
- Cleaning surcharge will be applied when the daily villa servicing is does not return the villa to a clean state.
11. Child Policy
For the purposes of this clause “Child” or “Children” means a person or persons aged between 5 years and 17 years; “Infant” means a person under the age of 4 years; and “Adult” means a person aged 18 years and over. All ages will be determined from the date at which accommodation commenced.
- Subject to sub paragraph 17.ii, Children and Infants sharing a room with their parents or guardians may do so free of change if using existing beds and linen and not exceeding the maximum occupancy for the given room type.
12. Extra Person Policy
- Persons aged over 4 years will be charged Extra Person rates for each person staying in a room which exceeds the maximum occupancy for the room type, or where extra beds or linen are required.
- Extra person room rates will be charged on a Room Only basis, unless otherwise stated.
13. Facilities and Services
- Whilst care is taken to ensure that the description of facilities and services of Out of the Blue is accurate, these are continually being changed, upgraded, and on occasion taken out of service and if any feature/facility is essential to you in choosing this property, it is your responsibility to confirm with the property prior to making your booking that the feature/facility will be available during your stay.
- To the extent permitted by law Out of the Blue is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent.
- Accommodation facilities listed may not apply to all room types.
14. Special Requests
- Whilst Out of the Blue attempts to satisfy all special requests, Out of the Blue does not guarantee that special requests can be accommodated.
15. Maps and Images
- Map images, if shown, are for general information and may not necessarily reflect actual routings, locations or services provided.
- Destination shots may have been supplied to Out of the Blue by third parties and Out of the Blue does not guarantee the accuracy of any destination shots.
- Photos and floor plans are indicative only. Actual rooms occupied may vary in decor and inclusions from those shown.
16. Travel Insurance
- Out of the Blue strongly recommends that at the time of booking you purchase comprehensive travel insurance (cancellation, costs and recent travel restrictions from coronavirus) to cover items including but not limited to: loss of booking amount through cancellation, loss or damage to personal baggage, loss of money and medical expenses.
17. Unaccompanied Minors
- All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who has parental rights and responsibilities for the under 18 year old guest.
- If a guest is found to be a person under the age of 18 who is not accompanied by a responsible adult Out of the Blue may immediately cancel the guest's booking and the full booking amount will be forfeited to Out of the Blue under this clause.
18. Third Party Products and Services
- Third party products or services are sometimes sold together with accommodation provided by Out of the Blue. In such circumstances the third party is entirely responsible for supplying the products or services to you and any involvement of Out of the Blue in facilitating your booking with the third party is as the third party's agent. Out of the Blue is in no way the supplier of the products and services and to the extent permitted by law Out of the Blue is not liable for any failure by the third party to provide the products or services, nor for any act, error, omission, default or negligence of the third party.
- Out of the Blue does not warrant the accuracy of any information, statements or representations made by third parties
19. Release, indemnity and proportionate liability
- To the extent permitted by the law, you agree to release, indemnify and hold harmless, Out of the Blue and its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the Out of the Blue except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Out of the Blue's negligence, wrongful act/omission or breach of these terms and conditions.
- To the extent permitted by law the aggregate of Out of the Blue's liability to you is limited to an amount not exceeding the amount paid by you for your booking.
- Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.
20. Consumer Law
- To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Out of the Blue are excluded under these Terms and Conditions.
- Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Commerce Commission Decree 2010 or under any international consumer protection legislation, provided that, to the extent that such law permits Out of the Blue to limit its liability, then Out of the Blue’s liability is limited to:
- in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
- in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
21. Onsite security
- Out of the Blue has in place day/night security camera's for guest protection from any trespassers.
- Out of the Blue will show the external position of the camera's so guests are aware 24 hour monitoring is in place.
- Out of the Blue will not publish any content and make available recordings where able after written requests from guests seating the purpose of the request.
22. Events Beyond Control
- Out of the Blue is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
- All travel documents, observance of laws and government regulations are your responsibility.
23. Use of Information
- You consent and authorise Out of the Blue to collect, use and disclose your personal information for the purposes of administering your booking and providing you with any services associated with your booking.
- Out of the Blue will not provide or disclose any information you have provided to it to any person other than a related body corporate without your prior written consent.
- Upon request by you and to the extent permitted or required by law, Out of the Blue will provide you with access to and/or the ability to correct your personal information however only the person who made the booking will be entitled to access and/or correct personal information pertaining to that booking.
- For more information, please refer to the Privacy.
- The Terms and Conditions are governed by and will be construed in accordance with the laws of the Fiji Islands.
- If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
- By booking with Out of the Blue, you are deemed to have accepted these terms and conditions.