Terms & Conditions

THE MORGAN RESORT, SPA AND VILLAGE HOUSE RULES

To ensure everybody gets to enjoy their stay in our hotel, please observe the following house rules and pass those on to your fellow Guests and Visitors. We ask you kindly to respect the rules.

MINIMUM AGE & IDENTIFICATION

• Persons under the age of 18 are only allowed to stay under the supervision of persons aged 18 or older.

• The Morgan’s staff is always allowed to check a Guests or Visitors Identification for reasons of security or to verify age.

INSTRUCTIONS Guests and Visitors always need to follow the instructions of The Morgan’s staff.

RESPECT TO OTHER GUESTS AND STAFF

We have created a space to be enjoyed and respected. As we will do our best to serve you please return the courtesy. Please ensure that you respect all members of staff and your fellow Guests. The Morgan is a safe and friendly environment where everybody should be treated with the same level of respect. The Morgan has a zero tolerance approach to discrimination, bullying, intimidation or violence to any of its staff or Guests.

SMOKING

• Smoking in The Morgan, with the exception of designated areas, is prohibited. This prohibition includes the room balconies and the use of e-cigarettes and any other incendiary device.

• Smoking is only allowed in designated outdoor areas of The Morgan.

• Any Guest or Visitor that infringes on this prohibition will be charged US$200,- for each offence.

• If a Guest continues to smoke in non-designated areas or manipulate or obstruct smoke detectors in any way, the Hotel Agreement will be terminated and the Guest is obliged to leave The Morgan directly. In such case, the payment obligation for the agreed term of your stay will continue unabridged.

ILLEGAL SUBSTANCES, DRUGS & WEAPONS

Bringing illegal substances, drugs or weapons into the hotel is strictly forbidden and will lead to immediate eviction and will result in an immediate charge of US$200,-. In such case, the payment obligation for the agreed term of your stay will continue unabridged. The Morgan will notify the proper authorities.

HOTEL & ROOM

• Only registered Guests may use The Morgan’s facilities and access the rooms.

• The maximum number of Guests allowed in a room is 2 to 6 people depending on the room type.

• Visitors must report to the hotel reception desk. The Morgan at its discretion can deny access to Visitors. Visitors are only allowed to use the lobby bar and restaurant.

• If rooms are damaged or left extremely dirty during a stay, Guests will be charged a cleaning fee and the amount it costs to replace damaged item + US$ 50/hr. for labor required to return the room to its original state. This includes replacing missing/damaged remotes, bedding, towels, windows, TVs, window screens, appliances, fixtures, furniture, doors, lights, mirrors, etc.

• It is forbidden to apply nails, screws, paint, tape, etc. anywhere in The Morgan, specifically, but not limited to: in walls, floors, on windows, balconies and ceilings of your room.

• It is not allowed to (re)move the furniture in or from the room.

• Removal or theft of hotel property is forbidden. The Morgan will always notify the proper authorities. This may result in an immediate charge and eviction. In such case, the payment obligation for the agreed term of your stay will continue unabridged.

EMERGENCY EXITS

• It is not allowed to store any personal items or belongings near or in the stairways or corridors of The Morgan.

• Emergency routes, corridors and exits must remain clear at all times. Use of emergency exit doors is strictly prohibited in non-emergency situations.

• Anyone that blocks the stairways, emergency routes, corridors and/or exit points or uses an emergency exit door in a non-emergency situation will immediately receive an official warning and will also receive a financial charge of US$ 200,-.

FIRE ALARM & FLAMABLES

• The following items are prohibited within The Morgan: candles, incense sticks, additional furnishings, Shisha pipes, deep fat fryers and woks, barbeques, oil burners, or any other equipment that can cause fire and / or is likely to offset the fire alarm.

• The Morgan takes no responsibility for the costs of fire alarms set off by illegal burning of candles, illegal smoking or the manipulation of smoke detectors by any person. Manipulating or obstructing a smoke detector will lead to a US$200,- fine and immediate termination of the Hotel Agreement. In such case, the payment obligation for the agreed term of your stay will continue unabridged.

POOL

• Pool Towels are available at the towel cart for your convenience. Please drop used towels in the dirty towel container at the towel cart. Towels to be used off property of the Morgan Resort are issued at the reception desk and must be returned to the reception desk. There is US$ 25,- charge per towel if lost.

• Guests are not allowed to reserve sun loungers around the pool with a towel or bag. These will be removed if this happens.

• Cabanas can be reserved through the concierge or reception desk. There is a US$ 200,- minimum F&B expenditure charge to reserve a cabana. Cabanas are reserved on a first come first serve basis.

• The use of glassware is strictly forbidden in the swimming pool and on the pool deck.

• In and around the swimming pool, our guests must wear appropriate swimwear.

• The sun loungers may not be moved from the pool deck.

• There are several waste bins around the pool. We request that you deposit the waste in it.

• Swimming is not permitted between 10 p.m. and 6 a.m.

• Children under the age of 12 may only use the swimming pool when accompanied by their parents or supervisors.

• The use of the swimming pool is entirely at your own risk. There is no lifeguard on duty.

• Diving is not permitted in the swimming pool.

• Access to the sea from the Sea Wall or other location on the Hotel Property is prohibited for our Guests safety.

GYM

• The gym is available for all guests of The Morgan. The gym is open 7 days a week 24 hours per day. Use of the gym is at the risk of the Guest. The Morgan does not accept responsibility for any injuries that occur while using the gym equipment.

• Proper attire is required to enter the gym. High heals, Flip flops, bare feet and swimwear are not allowed.

• Minimum age for using the gym is 18 years old. Guests under 18 years old are only allowed under adult supervision.

• When using the gym equipment and materials ensure that everything is returned in the correct place and that nothing is taken out of the gym area. Do not misuse any of the equipment.

24/7 GIFT STORE

• The Gift Store is open 7 days a week during reception hours.

• All products available in the gift store have to be paid at the moment of the purchase by credit card, bankcard or may be charged to the room. MAIL & PACKAGES

• Mail and packages that are delivered at the reception will be sorted and distributed during the night after delivery.

• The Morgan does not accept responsibility for mail or packages that are damaged or lost.

PETS

Pets are not allowed in The Morgan, with the exception of Service Guide dogs. Cleaning cost as well as cost for removal of scents arising from housing pets will be charged to the guests or visitor that is keeping the pet in lieu of this prohibition.

VANDALISM

The Morgan does not accept any form of vandalism of its property. Anybody who is vandalizing the property of The Morgan will be charged with an initial fine of US$200,- and labour and replacement costs. If the vandalism results in loss of turnover for The Morgan the perpetrator will also be charged for this loss of turnover. Depending on the severity of the vandalism, it will be left to the discretion of the Hotel Manager on how to proceed.

NOISE

There should be no noise (parties, music) in the rooms and common areas. If we receive complaints from Guests or neighbours, the offending Guest(s) will receive a warning. Upon a second complaint The Morgan is entitled at its discretion to terminate the Hotel Agreement and request the Guest(s) to leave the hotel premises. In such case, the payment obligation for the agreed term of your stay will continue unabridged.

CCTV

For your safety and the safety of the other Guests of The Morgan CCTV footage is recorded in the common areas and filed. In case of serious incidents on our property The Morgan will provide the CCTV images to the proper authorities.

TECHNICAL ISSUES

Please always report technical issues. We will process technical malfunctions as soon as possible during office hours on week-days. Urgent issues will be dealt with as a priority and will be handled urgently. Our technical staff is able to enter your room. You do not have to be present for repairs to be carried out.

INTERNET USE

The Morgan offers its guests complimentary Wi-Fi. We strictly prohibit our guests from using the Wi-Fi network for illegal activities and the use and installation of private networks or private routers. The quality of our Wi-Fi network can be negatively influenced by these private networks and routers and we want all our guests to benefit from our Wi-Fi network. Any use of the Wi-Fi network for illegal activities and use of private networks or routers can lead to fines and cancellation of the Hotel Agreement as stated in the Terms and Conditions.

PARKING

• Parking is only allowed in designated parking spots.

• Parking is at your own risk. The Morgan Resort does not accept any liability for any damages to the vehicle, its occupants or damages to / theft of items stored in the vehicle.

AMENDMENTS & NOTIFICATIONS

• In all situations where these House Rules or the General Terms & Conditions do not provide a clear rule, The Morgan’s management has the final say.

• The House Rules can be regularly updated. The latest version as available at the reception applies.

• The Morgan is authorized to refuse you access to the hotel when violating the House Rules as mentioned above.

THE MORGAN RESORT, SPA AND VILLAGE TERMS & CONDITIONS DEFINITIONS

In this document the following terms shall have the meaning as described below:

1. THE MORGAN The hotel, spa and village, operated by Alegria Operations N.V. under the name ‘The Morgan’, located at Beacon Hill Road # 2, Beacon Hill, Simpson Bay, Sint Maarten.

2. CONTRACTING PARTY The person or legal entity that has concluded a contract for the performance of services as referred to below. The Contracting Party shall also be understood as the party that is legally and financially liable for its guests as referred to below.

3. GUEST The person to whom we provide the services as referred to below. References in these Terms and Conditions to the “Guest” will also be interpreted to refer to the person who accompanies the Guest. Unless explicitly stated otherwise, references in these Terms and Conditions to the “Guest” shall also be read as “both the Guest and the Contracting Party”.

4. HOTEL AGREEMENT The confirmation email including the Booking Details that a Guest receives once making a booking together with these Terms & Conditions serves as the Hotel Agreement between the Guest and The Morgan.

5. BOOKING DETAILS The booking Details specify the details for the performance of services such as the start date and the end date of the hotel booking, the room type, room rate including taxes and Resort Fees and the personal details of the Guest.

6. GUARANTOR The Guarantor is the party who guarantees the payment of the hotel accommodation fee and/or any outstanding charges. A Guarantor can be a parent or guardian or another person or entity.

7. SERVICES The Services that The Morgan provides, including but not limited to reception services, cleaning services, the use of common areas, the lounge area, restaurant, bars, parking lot, pool and the use of the gym / spa.

8. ADDITIONAL SERVICES Services The Morgan performs that can be booked additionally by Guests.

9. MINIMUM AGE

The Minimum Age for a Guest to make a reservation and stay in the hotel unaccompanied is 18 years.

PAYMENTS

• The Guest owes The Morgan all the amounts stated in The Hotel Agreement.

• The Morgan does not cover any commission costs incurred via online payments or other third-party bookers (for example: travel agencies, OTA’s) for its Guests. Credit Card payments handled at the reception will not incur additional commission costs.

• The Morgan has the right to retain and, if appropriate, to pledge any goods that the Guest keeps in The Morgan as long as the Guest has not fulfilled all of its (payment) obligations to The Morgan.

• Failure to pay on time will subject the Guest to all related extrajudicial and pre-litigation costs, as well as all court costs.

• Any payment to The Morgan must be made in US dollars, Netherlands Antilles Guilders or Euro currency. The Morgan only accepts payments by debit card, cash or credit card. Credit card payments will always be processed in US$. The Morgan reserves the right to refuse payment by bank cheque, cash or other means of payment, or to attach conditions to their acceptance.

• The Exchange rate applied for Euro payments is the mid-market rate against the US$ as published by the Central Bank of Curaçao and Sint Maarten at the time of payment.

• We do not accept cash bills with values of €200,- and €500,-.

THE OBLIGATIONS OF THE MORGAN

The Morgan will make the hotel accommodation available to the Guest according to the Hotel Agreement and based on availability. The Morgan reserves the right to change room location and room type. The obligation for The Morgan no longer applies if any of the following situations occurs:

• In the event of Force Majeure as described below in the chapter “Force Majeure”.

• If the Guest fails to pay the agreed security deposit of or payment, or fails to do so on time.

• If the Guest fails to meet the obligations as described in these Terms and Conditions and House rules.

SAFETY

• To ensure the safety of our guests the Morgan hotel has 24 hours surveillance by staff members and security camera’s.

• The Morgan is not required to receive and/or keep custody of any of a Guest’s property.

• The use of in-room safes is at the guests own risk.

• There is no lifeguard on duty.

• Walking on the seawall is prohibited.

• Access to the sea from the property is prohibited.

CHECK-IN

• All Guests are required to pay a deposit of US$ 200,- per reserved room - on arrival. This deposit will be processed in the form of a credit card authorization and will be released at check out. This deposit is held in case of damage to the property by the Guests or violation of the house rules. The deposit may be used towards incidentals during your stay and will be replenished as required.

• Unless agreed otherwise by e-mail, we will make the hotel accommodation available to the Guest at 4 p.m. on the check-in date. The check-out time for guests is 11 a.m., unless agreed otherwise.

• The Morgan check-out time is 11 a.m. If a Guest would prefer a late-check out they can request a late check-out at the reception and will be granted upon availability. Late check outs after 1 p.m. will be charged as a half day rate. Please note that the late-check out has to be approved by the reception.

• Children up to 12 years of age may stay free when sharing a room with an adult. Children over 12 years of age will be charged the adult extra person fee of US$30.00 per night.

• There will be an additional charge of US$30.00 per person for more than 2 adults staying in a room.

• In case of overbooking situations and/or Force Majeure The Morgan shall be entitled to offer the Guest and/or the Contracting Party other hotel accommodations of at least comparable quality to the accommodations to be offered pursuant to the Hotel Agreement. If the Guest objects to this offer, the Guest or the Contracting Party will be entitled to terminate the Hotel Agreement with immediate effect. The Morgan shall not be liable for any form of damages.

• In such case the liability of The Morgan regarding loss of goods as defined below in the chapter “Liability” shall apply unabridged. HOUSE RULES

• The Morgan has set house rules for safety purposes and in order to safeguard the enjoyment of our property by all Guests. The House Rules are attached to these Terms and Conditions and form an integral part thereof. The House Rules are also available at www.themorganresort.com and a copy can be requested at the reception.

• Each Guest will take notice of The House Rules and will act accordingly.

• If the Guest or someone accompanying the Guest violates the House Rules or acts in such a way that the safety, enjoyment of our property by other Guests or normal operation of The Morgan could be jeopardized, the Guests and anyone accompanying the Guest can be required to leave the hotel. In such case, the payment obligation for the agreed term of your stay will continue unabridged.

• Staff of The Morgan has the right to enter the room of the Guest for either maintenance, presumption of breaching the House Rules, security reasons and hygiene matters. This may be done without prior notice but notice will always be given where and when possible.

• The Morgan is at all times entitled to terminate any Hotel Agreement if public order has been disturbed or is in jeopardy of being disturbed. Termination will take place after consulting hotel management. In such case, the payment obligation for the Guest towards The Morgan for the agreed term will continue unabridged. The Morgan shall not be liable to pay any damages of any kind.

• The house rules are available on our website: www.themorganresort.com.

PETS

• We do not permit pets on our premises (except service guide dogs).

MAXIMUM LENGTH OF STAY

• The Morgan does not offer permanent accommodation. The maximum stay is 28 days.

RESERVATIONS

• The Morgan is entitled to cancel a hotel booking if a Guest has not paid in full and registered by 11 p.m. on the first day of the period covered by the Reservation. This provision will not apply if the Guest has already paid, or guaranteed payment, for the period covered by the booking.

TERMINATING THE HOTEL AGREEMENT BY THE MORGAN

• The Morgan has the right to terminate its services towards the Guest without any notice of termination being required in case of violation of the Terms & Conditions and/ or the House Rules. In such case, the payment obligation for The Contracting Party and/ or Guest towards The Morgan for the agreed term will continue unabridged for the remaining contract period.

• In addition, the Contracting Party and/ or the Guest will be financially liable towards The Morgan for any other costs or loss of revenue resulting from the violation of the Terms & Conditions and/ or the House Rules by The Contracting Party and/or the Guest.

CANCELLATION POLICY

The Morgan uses two types of booking procedures and cancellation policies:

• Fully Flexible; When making the reservation a valid credit card is needed to preauthorize, you’re booking at The Morgan. Cancellations must be received at least 3 days prior to arrival during the period of January 3rd- December 16th or a one-night penalty charge will apply. Cancellations must be received at least 30 days prior to arrival during the period of December 17th- January 2nd or a 3-night penalty charge will apply. No-shows will incur a cancellation fee of the amount listed above. Tax and Resort fee will be added to the rate. Please note that when a package is booked that all the extra’s that are included in this package cannot be refunded after check-in. In case of an early check-out The Morgan does not offer a refund, except when agreed otherwise. When booking through an OTA website (Expedia, TripAdvisor, Booking.com, Hotels.com etc.), the applicable cancelation terms of the OTA apply.

• Non Refundable; Non-refundable (100% of the amount may be charged at any time after making the reservation). The Morgan does not issue any refund upon cancelation.

DEPOSIT & ROOM INVENTORY CHECK

• The Morgan may require the Guest to pay an additional deposit as a security for unpaid invoices or as compensation for damages caused by the Guest and/or any outstanding fines. The Morgan will hold the deposit for the period of stay of the Guest. The deposit does not accrue any interest.

• Prior to the check-out of the Guest, The Morgan will perform a room inventory check. All reported damages and missing items that were not reported by the Guest with the room inventory check at arrival of the Guest will be charged to the Guest.

• The Morgan will return the deposit to the Guest and/or Contracting Party after check-out of the Guest.

• Any outstanding payments and charges will be deducted from the deposit.

• If The Morgan has refunded the deposit payment and refund was refused because the account or credit card it was paid to is closed, expired or blocked the deposit transfer will be delayed. Furthermore The Morgan will deduct an administrative charge of US$ 25,-.

• In case the credit card to which the deposit payment was made is no longer assigned to The Guest or The Contracting Party and has already been issued to another person or entity and The Morgan has not been informed about this beforehand, The Morgan can only pay out the deposit after the initial transfer has been returned by the new account or credit card holder. LIABILITY

• Guests are entirely responsible for the conduct and behaviour of the people they bring into The Morgan and will be liable for any damages or costs of the person(s) accompanying the Guest.

• The Morgan expressly accepts no liability to the Contracting Party and/or Guest if the failure to perform the Hotel Agreement results from a circumstance that cannot be attributed to The Morgan, including but not limited to labour strikes, weather circumstances, fire, business disruptions or governmental actions. The Morgan also accept no liability for any harm or loss caused by persons or property that a Guest has brought into the hotel or caused to be brought into the hotel.

• The Contracting Party and the Guest are liable for all claims that The Morgan has and/or comes to have against them.

• The Morgan’s liability will never exceed the value of the Hotel Agreement or payment for the harm or loss covered by the insurance company or the amount in compensation for the harm or loss another third party pays to The Morgan. The Morgan will send a statement of the current insurances in effect upon the Guests request.

• If harm or loss occurs as a result of the culpable failure to perform on the part of a third party whose services we have engaged, such as, but not limited to, an event organizer, security or cleaning company, then the Guest’s compensation will be limited to the compensation The Morgan receives from the relevant third party.

• Except as set out in the clause above, The Morgan accepts no liability for any harm or loss caused in respect of any persons and/or their property, including death, personal injury, property damage or theft.

• We are not liable to the Guest for a harm or loss that occurs as a result of or in connection with the performance of any agreement between The Morgan and the Contracting Party and/or Guest if the Contracting Party and/or Guest is insured, or could have been insured, against the relevant harm or loss.

• We do not accept any liability for any goods placed in our custody or left with us in any way – regardless of how that arrangement was arrived at or who placed the goods in our custody or left the goods with us.

• We do not accept liability of lost luggage, personal items, mail or delivered packages.

LIABILITY OF THE GUEST AND/OR CONTRACTING PARTY

• The Guest or those accompanying the Guest are jointly liable for all harm or loss that has been and/or will be inflicted upon The Morgan and/or any third party as the direct or indirect consequence of misconduct, negligence and/or a wrongful act instigated by a Guest and those accompanying Guest.

• This liability also applies in respect of violations of the House Rules instigated by the Guest and those accompanying the Guest.

• This liability also applies in respect to harm or loss caused by any animals and/or any substance and/or any property held by or under the supervision of the Guest and those accompanying the Guest.

• The Morgan may file an official report with the local police if we observe misconduct, criminal acts or violations of the Terms and Condition and/ or House Rules.

COMPLAINTS

• A complaint filed with The Morgan regarding the performance of the Hotel Agreement must be made in writing by the Contracting Party and/or Guest and be submitted immediately after discovering the failure to perform for which The Morgan might be liable. Complaints should be sent in writing to: sweiner@thermorganresort.com.

• If a complaint is deemed to be well-founded, The Morgan will, if and to the extent it is in our power to do so, attempt to eliminate the cause of the complaint as quickly as possible.

FORCE MAJEURE

• The term ‘force majeure’ will be understood to include the following: staff illness, war, threat of war, civil unrest, labour strikes or sit-ins, natural disasters, water damage, health pandemics, acts of war, fire, flood, acts undertaken by the government or general outages of gas, electricity, water or internet.

• In the case of force majeure, we are entitled to either suspend performance of the Hotel Agreement or cancel the Hotel Agreement. In that case, we cannot be held liable to pay for any harm or loss incurred as a result.

• The foregoing provisions also apply if a force majeure situation arises in respect of persons/services and/ or institutions we use to perform the Hotel Agreement or any Additional Services. This also includes suspensive or resolute conditions fulfilled with respect to the aforementioned persons/services and/or institutions or improper performance on the part of the aforementioned persons/services and/or institutions. We shall not be required to prove the effect of the foregoing on our business operations.

FOUND PROPERTY

• Every Guest is required to hand in any property they find to the reception desk. We shall obtain ownership of any items that are not claimed by the rightful owner within three months after they are handed over to us and they will be disposed of.

• After check-out of a Guest, any personal belongings left in the room or any other area of the Hotel will not be kept and will considered as leftover items, unless by its appearance and/or value it is clear to anyone that it must be a lost item. Food and beverage will not be kept.

• The Guest shall bear the risk and expense of the shipping of any property lost by the Guest or his or her guest(s). We shall never be obliged to ship such property.

CHANGE OF ROOMS

Any Guest residing at The Morgan may be obliged to be transferred to another room of the same room type for operational reasons.

CHANGE OF POLICY

It is a condition of the Hotel Agreement that Guests comply with these Terms and Conditions and House Rules. Whilst every effort has been made to provide Guests with the most complete and accurate information available, The Morgan reserves the right to change, modify or revoke any policy or procedure contained within these Terms & Conditons and House Rules with or without notice. Changes will be applicable within 48 hours after publication on our website. All information is correct at the time of this publication. The latest version is always available at reception and is published on the website www.themorganresort.com.

ENERGY MONITORING

The Guest agrees to allow monitoring of energy consumption in the room by The Morgan. This includes, water and electricity consumption and time spent in the room. All monitoring is conducted through sensors so this doesn’t infringe the privacy of the Guest.

APPLICABLE LAW & JURISDICTION

The Hotel Agreement, including these Terms & Conditons and House Rules and any additional agreement(s) relating to The Morgan shall be governed by the laws of Sint Maarten. The competent court in Sint Maarten shall have exclusive jurisdiction over all disputes that may arise in relation to the Hotel Agreement and its performance, including these Terms & Conditons and House Rules or in relation to any additional agreement concluded between The Morgan and the Contracting Party/Guest.

FINAL STIPULATION

These General Terms and Conditions are filed at the Offices of the Court of the First Instance on Sint Maarten. Modifications and changes to the General Terms and Conditions will be filed at the Offices of the Court of the First Instance on Sint Maarten and published on our website: www. themorganresort.com If a section of these General Terms and Conditions were to be null and void or subject to annulment this would leave the validity of the remaining portion of these General Terms and Conditions unimpaired. Applicable in lieu of the annulled or void section would then be that stipulated in Article 3:42 Civil Code of the Netherlands Antilles.