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Terms and Conditions

Terms and Conditions

These terms and conditions apply to all bookings made with 'Aga Reef Resort & Spa, including bookings made through our website.  In booking with us you are taken to have read and agreed to these terms and conditions.

Rates and Payment

Rates quoted are in Samoan Tala and are per room, per night based on occupancy by the number of persons shown against the description of each room on the “Bookings” page of our website.

All prices shown are applicable at the time of booking, are not valid in conjunction with any other offer and are subject to change without any prior notice. Prices are inclusive of VAGST.

Prices normally include a daily buffet continental/tropical breakfast (such as fruits & cereals) unless alternative arrangements have been agreed to by the resort, in writing.

To confirm your booking/reservation, a 50% deposit of the anticipated accommodation cost must be paid in cash or by credit card upon booking. For Individual Bookings – 10% of the deposit is non-refundable and for Group Bookings – 20% is non-refundable. Reservation of 4 or more rooms is considered as a Group (Block) Booking thus, deposits and balances required will be computed based on number of rooms booked.

The resort reserves the right to cancel or remove a reservation at any time if said booking is not paid and confirmed within the allotted period.

Payment of the balance of the anticipated accommodation cost must be made in cash or by credit card no later than 6 weeks prior to the date of arrival.  All other charges incurred with us must be settled in full by cash or credit card prior to your departure.  If you are departing before 9am please make arrangements to settle your account before 8pm on the day prior to your departure.

All credit card payments may be subject to a 3% service fee.

Cancellation and Amendment

In the event that the booking is cancelled at least 30 days prior to the date of arrival, a refund of sums paid minus the non-refundable deposit will be given.

There will be no refund where the booking is cancelled less than 30 days prior to the date of arrival.  A credit for future use may be given, at the manager’s discretion.

No refunds will be given if you choose to depart earlier than the booked date of departure, or if you do not arrive when booked to do so (either late or at all).

No amendments to your booking to reduce the length of your stay will be accepted within 30 days prior to the date of arrival.

Cancellations and amendments are confirmed ONLY when you receive our acknowledgement.

Check In / Check Out

Check-in is 2pm and check-out is 10am. Your room may be available before 2pm but this cannot be guaranteed.  Guests on flights with early morning airport arrival times who wish to guarantee room availability prior to normal check-in time should book their room for the prior night.

Late checkout may be available.  Please check with us on arrival.

Children

AGA REEF Resort welcomes children over the age of 3 years to stay at the Resort.  Children of all ages are welcome in our Tualupetu Restaurant area between the hours of 9am and 8pm.  Manager’s discretion does, however, apply.

Parents and caregivers must take full responsibility for the safety and wellbeing of their children and must provide full supervision at all times.

Special arrangements

Whilst every effort is made to fulfil any special requests, we cannot guarantee to be able to do so.

Transfers/Transport

AGA REEF Resort offers a transfer/transport service for guests, at a charge and UNLESS the resort vehicle is used for such transfers, we accept no responsibility for acts and/or omissions of other transfer service providers that can create legal liability to you. With regards to any legal liability against our staff driver, you warrant and undertake that no claim or demand shall be made against such driver and instead shall be made against the resort where the maximum shall be $100 Samoa Tala in respect of each and every person claiming against us.

Personal Conduct

We reserve the right to terminate your occupancy without notice in the event that you fail to respect the rights of our staff and other guests by persistently making excessive noise, or through your abusive, aggressive or threatening conduct.  No refund will be given in such circumstances.

We reserve the right to charge individual guests or lead guests for the cost of rectifying damage which has been caused by the deliberate, negligent or reckless acts of guests to the resorts property, furnishings or equipment.

Risk and Liability

While we take all care to provide a safe and secure environment, we accept no liability whatsoever, even if caused by our negligence, for:

a)       The loss of or damage to property, including to any motor vehicle;

b)       Personal injury or loss of life;

c)       Liability you may incur to third parties;

d)       Any direct, indirect or consequential loss or damage that you may suffer, including without limitation loss of deposits and loss of income.

In the event that this exclusion from liability is for any reason invalid or unenforceable, our liability shall in all circumstances be limited to $100 Samoan Tala per person claiming against us.

Responsibility for Third Parties

We can sometimes include third party products in special packages or make bookings for you with other service providers.  In doing so, we act as an agent only on your behalf.  We will not be liable under any circumstances for any failure by those service providers to fulfil their arrangements with you nor for any error, alteration or change of any kind made by those service providers following the acceptance of the booking by them. All coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those service providers.

We will not be liable for the wilful or negligent acts and/or omissions of any third party service providers including where those result in any accident, injury, delay, property damage or personal loss to you or those travelling with you.

Law and Jurisdiction

These terms and conditions are subject to the laws of Samoa.  Any disputes are subject to the exclusive jurisdiction of the courts of Samoa. 

 

Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We may use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Aga Reef Resort & Spa Limited, Aga Reef Resort, Lalomanu, Samoa.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: Samoa

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to Aga Reef Resort & Spa, accessible from https://www.agareefresort.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City, Country

  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: reservations@agareefresort.com

  • By phone number: +685 47800

 

Last updated: January 20, 2021

  • Address:  Main South East Coast Road,, Upolu, Lalomanu, Aleipata, Samoa
  • Phone:  +68547800
  • Mobile:  +685 75 08801
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