RESPONSIBILITY AND RELEASE

As a guest of Oarsman's' Bay Lodge, the guest must acknowledge and agree to the following:

  1. NO LIABILITY
    OBL will use all due care and skill in the provision of its services and activities provided to guests. Guests participate in activities and use services at OBL at their own risk. No liability or responsibility is accepted by OBL for any injury, illness, damage, loss, accident, expense or any other claim arising from involvement in any activities or provision of any services howsoever suffered, even in circumstances where servants or agents of OBL may have negligently breached any duty of care that it or they may owe or have owed in connection with such activities, conduct, supervision, or the provision of services. OBL will in no case be liable for either direct or indirect losses, arising from any such injury, illness, damage, loss, accident or expense including consequential loss or economic loss howsoever caused.
  2. ACKNOWLEDGEMENT OF RISK
    Some sports and activities provided by OBL intrinsically involve the possibility of physical risk, which is greater than those encountered in daily life. By taking part in such sports and activities the guests acknowledge that they:
    (a) agree to comply with any rules, regulations and instructions provided by OBL in relation to the sports or activities;
    (b) are physically and mentally fit and able to take part in the sports or activities;
    (c) have not been provided with a representation or warranty concerning the suitability or qualification of persons supervising the sports or activities or in relation to any product used in association with the sports and activities;
    (d) and the guest assumes the extra risks inherent in undertaking those sports and activities and the guest releases and indemnifies OBL from any liability for any injury, illness, damage, loss, accident, expense or any other claim arising.
  3. RELEASE
    The guest agrees to release OBL from any liability for any injury, illness, damage, loss, accident, or expense whatsoever and howsoever arising from participation in any sport or activities or the provision of any services by OBL or any employees of OBL, or for the use of any product in association with any such activities and the guest further agrees to indemnify OBL against any liability, action or claim howsoever incurred, brought by or in favor of any person or individual, whether an employee of OBL or not in conjunction with any activity or service.
  4. CONFIRMATION
    The guest confirms and acknowledges that each of the representations that have been accepted in these Terms and Conditions are made on behalf of the guest and on behalf of all persons and individuals under the charge, care or custody of the guest and on whose behalf the guest has executed the Terms and Conditions.
  5. TRAVEL DELAY
    OBL will not accept responsibility for any delay, additional expense or inconvenience that may be caused directly or indirectly by events outside its control. Such events include the late arrival of international flights, civil disturbance, fire, floods, unusually severe weather, acts of God or of governments, failure of equipment or industrial action.
  6. RESERVATION CONTRACT
    The operator of the business is Oarsman Bay Lodge Limited. When OBL accepts a guest booking, a contract is created between the guest, the agent or tour operator and OBL and all parties are deemed to have accepted all terms and conditions specified herein.
  7. GOVERNING LAW
    These terms and conditions are governed by the laws of the Republic of Fiji, and any legal action arising as a result of any booking with or any stay at OBL shall be governed by the laws of Fiji and shall be litigated in the Courts of Fiji.
  8. BOOKING SERVICE
    Turtle Travel Service as the booking agent in Fiji is not itself a carrier or hotelier and does not own aircraft, boats or resorts. The flights, boat transfers, resort stays and other arrangements are provided by carriers and hoteliers on their own conditions. Therefore, all bookings relating to guest stays at OBL are subject to terms and conditions and limitations imposed by airlines, transfer operators, hoteliers and other service providers. Further, the responsibilities of air carriers are limited in accordance with international agreements and tariffs. Turtle Travel Service acts as an agent for services provided by operators and cannot be held liable for any of those providing services.



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