COVID-19 – ASSUMPTION OF RISK AND COVENANT NOT TO SUE
(Important Legal Stuff)
Please know that we have always taken your health, safety, and comfort very seriously, and we have always enjoyed a well-deserved reputation for maintaining very high levels of customer service, cleanliness, and safety.
Presently, we are taking enhanced health and safety measures throughout the resort to help maintain a clean, safe and comfortable environment for our valued guests, staff members, and visitors. For your safety and that of others, please adhere to all posted rules, signage, and instructions during your stay with us. Compliance with social distancing, hand washing and sanitizing, and similar instructions will be of primary importance.
Covid-19 (coronavirus) is highly contagious, potentially deadly, and may result in serious illness, injury, or death. There is an inherent risk of coronavirus/Covid-19 exposure anywhere people are, or have been, present. The CDC has indicated that certain people may be at greater risk, namely the elderly and those with compromised immune systems and other underlying conditions. However, young and healthy people may also suffer severe illness, injury and death, and should therefore take precautions.
As a condition of visiting the resort and using any of its services, facilities and amenities, you VOLUNTARILY AGREE TO FULLY ASSUME ALL RISKS related to Covid-19 exposure. You further AGREE that you SHALL NOT SUE OTHERWISE HOLD LIABLE the resort, its owners, employees, agents, insurers, and any relevant tour operators, travel agencies, and travel agents, including without limitation Elite Island Resorts for any Covid-19-related illness, injury, death, losses or damages of any kind or nature whatsoever. Kindly note that all arriving guests will be required to sign a waiver to this effect at check-in.
This Assumption of Risk and Covenant Not to Sue applies to all guests and visitors including but not limited to any minor children for whom an adult guest or visitor is a parent, guardian, or is otherwise responsible for. This Assumption of Risk and Covenant Not to Sue shall be LEGALLY BINDING. Should any guest or visitor bring a claim, suit or any other action in violation of this provision, the claim, suit or other action shall be DISMISSED WITH PREJUDICE (meaning permanently dismissed) and all costs of dismissal, including but not limited to reasonable attorneys’ fees and court costs, shall be borne by the party who wrongfully brought the claim, suit or other action in violation of this Assumption of Risk and Covenant Not to Sue.
Please understand that, without this Assumption of Risk and Covenant Not to Sue, it would be nearly impossible for the resort to operate under the current circumstances. We don’t like legal jargon any more than you do, and we look forward to the day (hopefully in the near future) when all of this goes away. In the meantime, we feel it is only fair that you are fully informed and allowed to make the best possible decisions for you and your loved ones.
We greatly—and very sincerely—appreciate you and your business, and we look forward to providing you with an excellent Caribbean holiday. Thank You!
ALL USERS: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT ACCESS OR USE THIS SITE. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND ANY SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THIS SITE. YOU AGREE TO REVIEW THIS AGREEMENT ON A REGULAR BASIS AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT OR ANY MODIFIED AGREEMENT.
Trademark, Copyright, and Intellectual Property Notices.
This site is owned and operated by Los Establos Boutique Resort, Panama. Any and all materials contained in this site are the copyrighted property of Los Establos Boutique Resort, Panama or its affiliates, or clients. No materials from any part of this web site may be copied, reproduced, republished, uploaded, posted, transmitted, altered or distributed in any way, except that users may download one (1) copy of the materials on a single computer for their personal, non-commercial home use only; and licensed travel agents may download material specifically designated for travel agent use. The use of any materials contained in this web site on any other web site or medium is strictly prohibited.
Use of This Site.
You acknowledge and understand that, except for the services or products expressly identified as supplied by the owners of this web site, we do not necessarily operate or control the products or services advertised on this site including, but not limited to, hotels, properties, airlines, third party travel providers, or certain other affiliates; and we assume no liability for, and you release us from, any claims of any kind including, but not limited to, any personal injury, and property or economic or non-economic losses or damages arising out of your or any other person’s use of any hotel, airline, or transportation provider advertised on this site, or for any acts of third party suppliers, or for any delays, cancellations, inconveniences, and acts of God (Force Majeure) of any kind beyond our control.
You agree not to use this site for any illegal, threatening, harassing, defaming, or privacy invading purpose.
Impersonation or appropriation of another person’s identity, including that of any authorized site host, will not be tolerated and may result in both civil and criminal liability.
Any unauthorized alteration of this site, or unauthorized accessing of any information contained on this site, will be prosecuted to the fullest extent of the law.
Any rights not expressly granted herein are reserved.
LIMITATION OF LIABILITY
Other Web Sites.
We have no control over the policies, practices, or collection and use of information by other web sites, whether or not linked or otherwise related to this site.
The Internet is not always a secure means of communication or transmitting information. Therefore, we cannot guarantee or warrant that any information you provide to us via the Internet, and which we may transmit to a third party in order to fulfill an order, complete a booking, or fulfill an information request, will remain secure. Users of the Internet do so at their own risk. We assume no liability for any technical or human errors, security breaches, viruses, loss of data, theft of information, or injury to persons or property that result from access or use of this site and you agree to hold us harmless for same.
Errors and Omissions.
While we make every effort to ensure the accuracy of information contained on our web site, inaccuracies may occur from time to time. Information including, but not limited to, pricing, rates, airfare, specials, availability, travel requirements, restrictions, amenities, quality, policies, weather conditions, and any other information relating to travel or locale is subject to change without notice. To confirm any information on our web site, please call: (800) 858-4618 or (954) 481-8787 or fax (954) 481-1661 or write: Los Establos Boutique Resort, Panama, c/o 1065 SW 30th Avenue, Deerfield Beach, FL 33442 or see your favorite travel professional.
This site may provide access to travel-related services, some of which may be supplied by third parties whose actions are beyond our control. You agree not to hold us or our affiliates liable for any breach of contract or any domestic or international act or omission of any such third party suppliers, or for any act of God (Force Majeure) event beyond our control. When making travel arrangements, restrictions may apply. Travel carries with it certain risks, and you agree to assume all such risks including, but not limited to, any personal injury or property damage. Travel insurance may be purchased to protect your travel investment. Los Establos Boutique Resort, Panama is independently owned and operated. Elite Island Resorts, which represents Los Establos Boutique Resort, Panama for marketing purposes, does not own, operate, or manage any resort property. Elite Island Resorts shall not be deemed an office or place of business of any resort property. Los Establos Boutique Resort, Panama does not maintain an office or other place of business outside of Panama.
If any provision of this legal notice shall be declared void or unenforceable, then this legal notice and its remaining provisions shall continue in full force and effect absent the void provision.
Users are solely responsible for obtaining and maintaining all telephone, computer hardware, and any other equipment or devices needed to access and use this site and for all charges related thereto.
Indemnification and Reservation of Rights.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all losses, expenses, costs, damages, and attorneys’ fees arising from any violation of this legal notice, including, but not limited to, any negligent or wrongful conduct in which you or any other user may engage in relation to this site.
We reserve the right to release current or past user information if we believe that access or use of this site is connected with the commission of any unlawful acts, or if required by law.
The Internet is an international communication tool. You agree to abide by all local laws when accessing or using this site including, but not limited to, laws governing the transmission of data exported from the United States or the country or territory in which you live.
Legitimate Travel and Business Purposes Only.
You agree to use any travel reservations services or links that this site may from time to time provide for legitimate reservations or purchases only, either for you or for another person for whom you have legal authorization to act. Your abuse or overuse of any travel reservations services in this or any other site may result in your being denied access to such services in the future. Speculative, fraudulent, illegal, and false reservations, and reservations in anticipation of demand, are strictly prohibited. By using this site you agree that Los Establos Boutique Resort, Panama shall not be liable for any damages, losses, injuries, or illnesses of any type whatsoever arising out of or in connection with your travel to or from the resort. You specifically acknowledge that Elite Island Resorts is not an owner, operator, or manager of any resort property anywhere in the world. Elite Island Resorts provides sales and marketing representation only.