Pegasus Lodges Terms of Service
Last Updated:Â January 2018Â
WEBSITE USE
This website is operated by Pegasus Lodges. Throughout the site, the words “we”, “us” and “our” refer to Pegasus Lodges. Pegasus Lodges offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or booking through us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, Guests at any Pegasus Lodges property, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
BOOKING TERMS
The following Terms and Conditions govern the contract between all travelers and Lodge Guests (individually and collectively known as the “Guest”), and Pegasus Lodges & Resorts LLC, DBA Pegasus Lodges and the Lodge providing accommodations and services to Guest pursuant to a confirmed booking (“Lodge”).
Please read these Terms of Service carefully to ensure your complete understanding and agreement. In consideration of the booking confirmation and/or a booking confirmation issued to you by Pegasus Lodges and/or any third party Travel Agent, Travel Provider, Partner, or Online Travel Agent (“OTA”), along with other good and valuable consideration, all Guests hereby agree to ALL of the following conditions (“Contract”).
BOOKING PAYMENTS
Booking payments can only be made by Credit Card. No cash payments or bank transfers are accepted. All payments will be charged in USD.
All Bookings require a 50% deposit to secure a reservation. There are NO reservation “holds” offered.
Booking payment terms may vary by Lodge, but if a specific Lodge doesn’t have a custom payment schedule, the Pegasus Lodges payment schedule applies for the total Booking Price:
- 50% due at time of booking (“Deposit”) to hold the reservation.
- 100% due within 90 days from Check-In
Payment schedules made through third-party Travel Agents (“Agents”) may vary. In the case where an Agent fails to remit payment to Pegasus Lodges for a Guest’s booking in accordance with the Pegasus Lodges payment schedule above, the Guest agrees that Pegasus Lodges may charge the Guest’s credit card for the full amount of the booking due and the Guest agrees not to dispute any such charges. If the Guest’s credit card has insufficient credit, then the Guest agrees to remit any balance due by other reasonable means seven (7) days prior to Check-In or the booking may be canceled.
Payment confirmations will be sent via email by Pegasus Lodges or third-party booking Agents.
Any payment not made in accordance with the outlined payment terms may be canceled and the reservation given to the next Guest on the waitlist.
PACKAGE PRICING
All Guests understand that Lodge pricing, packages, or services can vary by Guest type, number of Guest on the trip, season, Lodge, or third party OTA or Agent. All Guests agree that Pegasus Lodges has the right to change pricing from time-to-time without notice. Any booked reservations prices will not be affected by any price changes. Unless otherwise specified, all Pegasus Lodge price quotes do not include international airfares or extra nights needed in transit prior to Lodge check-in or after Lodge check-out.
TRIP CANCELATION POLICY
A trip may be canceled by Pegasus Lodges when less than the minimum number of FIVE (5) confirmed Guests isn’t met in time to confirm trip departures (30 DAYS PRIOR TO TRIP). In the case a trip can't be rescheduled at the time of cancellation, we will issue a trip credit for the full value your your cancelled booking. Trip credits are good for 1 year of the date of the original trip, unless otherwise noted at the time of issue.
BOOKING TRANSFERS POLICY
A booking may be transferred to another Guest-only when the booking is NOT within 90 days of Check-in. All Booking Transfers must be approved by Pegasus Lodges and are subject to Lodge availability.
A “Transfer Fee” of $250.00 USD will apply to each Guest booking being transferred and will be charged to the Guest who is Transferring their booking at the time of Transfer.
Example: A booking with an Adult Surfer and a Child Non-Surfer who wishes to transfer their booking to another guest will pay a $500 Transfer Fee ($250 x 2 Guests) in order to complete the Booking Transfer and receive a partial refund. Once the NEW Guest has completed FULL payment, the ORIGINAL Guest will receive a refund of the total of their payment(s) less $500 (Transfer Fee). In the scenario where payments are less than the Transfer Fee, the booking is non-transferrable and non-refundable.
REFUND POLICY
All booking payments are non-refundable.
There are no refunds or partial refunds given for poor surf, inclement weather, airline related delays, Force Majeure, or in the event of a late or delayed arrival to the Lodge. In the event of a delayed departure from the Lodge, Guests shall be required to pay locally for any additional nights.
Pegasus Lodges strongly encourages you to purchase TRAVEL DISRUPTION INSURANCE. You can book this through our partner Global Rescue at https://globalrescue.com/pegasus
FORCE MAJEURE
The Lodge, Pegasus Lodges, and any third party Agents shall NOT be liable for any losses or damages due to events beyond their reasonable control including without limitation: acts or orders of governmental authorities; weather; fire; flood; earthquake; volcanic activity; lightning; airline delays or cancellations for any reason; utility outages; strike, lockout, or work stoppage; terrorism; or any event typically described as “force majeure” or an “act of God.”
TRIP INTERRUPTION
All Guests agree that Pegasus Lodges accepts no responsibility and will NOT be expected to cover Guest expenses when the following Trip Interruptions occur:
- Missed or canceled or delayed international flights, domestic flights or ferries.
- Lost or damaged luggage.
- Late or non-arrival of surfboards or any other luggage.
All Guests who miss a connection to a Lodge due to canceled/delayed or missed flights will be charged an additional charge that may vary by Lodge or service providers used. These costs or any other costs associated with changes to Guest flights and or accommodation or any additional ground handling will be charged to the Guest credit card on file unless other arrangements are made.
Pegasus Lodges strongly encourages you to purchase TRAVEL DISRUPTION INSURANCE. You can book this through our partner Global Rescue at https://globalrescue.com/pegasus
TRAVEL INSURANCE
All Pegasus Lodges Guests are REQUIRED to submit confirmation of Medical Evacuation Insurance 90 days prior to trip start. In addition, all Guests must bring a copy of their Policy with them to each Lodge.
Please check your trip inclusions as some trips include Medical Evacuation insurance by Global Rescue.
If your trip does not include Medical Evacuation insurance, please contact us at [email protected] and we can add it to your trip.
Pegasus Lodges highly recommend Global Rescue –a company that specializes in remote travel insurance and medical evacuation. A special package has been designed for all Pegasus Lodges Guests and can be found at https://www.globalrescue.com/pegasus.
Pegasus Lodges strongly encourages you to purchase TRAVEL DISRUPTION INSURANCE. You can book this through our partner Global Rescue at https://globalrescue.com/pegasus
PASSPORT
Upon check-in at the Lodge (or in some cases prior to Lodge arrival), all Guests MUST PRESENT a VALID PASSPORT. For Indonesia Lodges, all Guests Passports must be valid for at least 6 months from the date you enter Indonesia. All Guests are also required to bring two photocopies of your Passport with them for registration with local authorities.
GROUND TRANSPORTATION
Unless otherwise specified, all Pegasus Lodge price quotes do not include international airfares or extra nights needed in transit prior to Lodge check-in or after Lodge check-out.
REGISTRATION
All Adult Guests are required to complete “Lodge Registration” 30 days prior to Check-In.
Required registration details include but are not limited to Trip Date, Trip Reference number, Name, Surf Ability, Passport Information, Travel Insurance Policy details, Pre-Authorization of a Credit Card and acceptance of the Pegasus Lodges and Lodge specific Terms of Service.
Guests will be emailed a link to the Lodge Registration form in advance. For all Guests under 18 years old, a legal guardian must include their information along with the Guardian’s information at the time of registration.
ONSITE CHARGES
All Pegasus Lodges are cash-free.
All Onsite Charges, including, but not limited to Bar, Merchandise, Photo Packages, Spa Services, Activities, Surfboard Rentals, or Surf Coaching will be itemized and shown to the Guest for approval at Check-out and charged to your Credit Card.
All Guests are required to “Pre-Authorize” a Credit Card prior to check-in. In the case where a Guest does not have a credit card on file, the Booking Guest "Booker" agrees to pay any unsettled lodge or trip bills by Guests within their party/group within 14 days after Check-out with by their credit card on file. It will be their responsibility and not Pegasus Lodges to be reimbursed by Guests in their party/group.
Guests understand that Onsite Prices vary by Lodge, season, and availability.
DAMAGE CHARGES
Any equipment, rental items, building, or other Lodge property that is damaged beyond the normal wear by Guests will be charged to Guests at the replacement or repair cost of the item damages. In the case of an item being lost by a Guest, the Guest will be charged the cost of replacement. The Guest agrees not to dispute any charge arising from destroyed, damaged or lost Lodge property.
INSECT-BORNE ILLNESS
Many Pegasus Lodges are located in a tropical environment. Although each Lodge maintains a year-round pest control program, the Lodge, its owners, employees, Agents, insurers, and suppliers shall absolutely NOT be liable for, and all Guests shall HOLD HARMLESS the Lodge, its owners, employees, agents, Partners, insurers, and suppliers from any injury, illness, or loss resulting from exposure to any insect-borne disease or similar tropical illness of any nature whatsoever. Potential Guests who are pregnant or may become pregnant should seek the advice of a qualified physician prior to travel.
FOOD ALLERGIES AND DIETARY RESTRICTIONS
The Lodge’s food and beverage programs use wholesome ingredients, which may include peanuts, tree nuts, seeds, shellfish, shrimp, seafood, soy, milk, wheat, and other POTENTIAL ALLERGENS. Due to the large scale of the Lodge’s food and beverage operations, the Lodge CANNOT GUARANTEE that food and beverage items will not come in contact with potential allergens EVEN IF a particular dish or item does not normally include such ingredients. Guests with food allergies or dietary restrictions should TAKE PRECAUTIONS.
All Guests understand that Lodge’s MAY NOT BE ABLE to accommodate individually tailored meals or menus for specific Guests based on their individual dietary needs. If you have a dietary restriction, please let us know during Lodge Registration and we will discuss how we may accommodate you. In the situation where a Lodge CANNOT accommodate you, Pegasus Lodges reserves the right to cancel your reservation and issue a full refund or transfer your reservation.
The Lodge and its owners, employees, Agents, Partners, insurers, and suppliers SHALL ABSOLUTELY NOT BE LIABLE for, and all Guests shall HOLD HARMLESS all such parties, from any injury, illness or loss resulting from food allergies or the Lodge’s inability to meet specific dietary needs or requirements.
GUESTS WITH DISABILITIES
Due to the unique nature of each Lodge, its buildings, grounds, amenities, and services, the Lodge may not be suitable for Guests with certain disabilities or mobility issues. Some buildings, rooms, grounds, beaches, boats, amenities, events, and services may not be accessible. Likewise, Guests with certain disabilities and mobility issues may encounter difficulties at local airports and with public and private transportation, walkways, buildings, facilities, services, and events.
In the case of a disability, please alert the Pegasus Lodges booking team in advance so we can attempt to accommodate you.
RIGHT OF REFUSAL
All Guests understand that Pegasus Lodges all reserve the right to refuse a booking for any reason or remove Guests from the Lodge and cancel accommodation for ANY reason with no refund.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES shall Pegasus Lodges, its owners, officers, employees, Agents or insurers be liable for any claim or action of any nature whatsoever arising out of or in relation to any act, omission, illness, injury, loss or occurrence at the Lodge or in the country where the Lodge is physically located.
Each Guest shall HOLD HARMLESS Pegasus Lodges and its owners, officers, employees, Agents , Partners, and insurers from any such Lodge-related claims and actions, and from any claims or actions based on the acts or omissions of any third-party airline, transportation provider, and tour and excursion providers.
UNDER NO CIRCUMSTANCES shall Pegasus Lodges, the Lodge, any third-party Agents, or any of their respective owners, officers, employees, Agents or insurers be liable for any consequential, incidental, punitive, or exemplary damages or any damages based on emotional distress, mental suffering, or psychological injury of any kind.
LIMITATIONS PERIODS: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO SUIT ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS OF ANY NATURE WHATSOEVER SHALL BE MAINTAINABLE AGAINST PEGASUS LODGES OR ANY OF ITS AFFILIATES, PARENT COMPANIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INSURERS UNLESS WRITTEN NOTICE OF THE CLAIM WITH DETAILS IS SENT BY RELIABLE INTERNATIONAL COURIER OR CERTIFIED MAIL WITH DELIVERY RECEIPT AND ADDRESSED TO PEGASUS LODGES & RESORTS LLC., 168 E. 74th St. SUITE 6A, NY, NY 10021, ATTENTION: LEGAL DEPARTMENT AND IS RECEIVED WITHIN SIX (6) MONTHS AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS. UNDER NO CIRCUMSTANCES SHALL ANY SUCH SUIT BE MAINTAINABLE UNLESS COMMENCED (ACTUALLY FILED WITH A COURT OF COMPETENT JURISDICTION) WITHIN ONE (1) YEAR AFTER THE INJURY, DEATH, DAMAGE OR LOSS OR THE INCIDENT GIVING RISE TO AN ILLNESS.
LEGALLY BINDING
This Contract is LEGALLY BINDING. Each Guest is responsible for reading, understanding, and agreeing with the terms and conditions set forth in this Contract as a condition of securing a Pegasus Lodges booking. The provisions of this Contract have been made available to the Guest IN ADVANCE of making a Pegasus Lodges booking. The provisions of this Contract are meaningful and enforceable and are NOT “BOILER PLATE” PROVISIONS. This Contract has been made available to Guest PRIOR TO making a Lodge booking and PRIOR TO travel, thus ADVANCE NOTICE has been provided.