The Bookings, Activities and Property are unique and Cancellations significantly affect operations. The Guest acknowledges and agrees that except for any refund or credit that is expressly permitted by the terms of the Deposit and Cancellation Policies applicable to the Property and the Booking, and except for an Eleven Corrective Change (as defined below), the Guest has no right to, and will not receive, any refunds, reimbursements or credits for any Deposits, payments or any other amounts paid in connection with any Bookings under any circumstances, whether the Cancellation is made by the Guest for any reason of any kind or nature whatsoever, and even in the event of a Force Majeure (as defined below), and Eleven shall have no liability to the Guest in connection with any of the foregoing. THE GUEST ASSUMES ALL RISKS.
Cancel for Any Reason Insurance
Due to Eleven’s strict Deposit and Cancellation Policies and the Guest’s risks of loss of its Deposit and all other amounts paid, Eleven strongly recommends that the Guest purchase “Cancel for Any Reason” (“CFAR”) travel insurance to provide the Guest with coverage for Cancellations for any reason, injuries, lost luggage, Force Majeure, frustration of its purpose, impracticability or impossibility of performance, economic hardship or loss, and any other events that may affect the Booking. Eleven’s representatives can provide the Guest with the name of a third-party travel insurance provider who offers CFAR travel insurance coverage for the Guest’s Booking, or the Guest may purchase CFAR travel insurance from another insurance provider of its choosing.
The decision whether to purchase CFAR travel insurance is in the sole and absolute discretion of the Guest, and the Guest acknowledges, accepts and agrees that: (1) the Guest’s purchase of CFAR travel insurance is the Guest’s SOLE AND EXCLUSIVE REMEDY to recover its non-refundable Deposit and other payments to Eleven in the event of a Cancellation not subject to a refund under the Deposit and Cancellation Policies or in the event of a Force Majeure, (2) if the Guest chooses not to purchase CFAR travel insurance, then it accepts the full, complete and entire risk of loss of its non-refundable Deposit and other payments to Eleven in the event of a Cancellation not subject to a refund under the Deposit and Cancellation Policies or in the event of a Force Majeure, and (3) the Guest fully accepts all of the foregoing risks of loss even if caused by a Force Majeure, or if the Guest is unable to perform for any reason, or if the Guest’s stay or use of the Property or any Activities or other portions of the Booking or the Guest’s purposes or primary purpose for the Booking are frustrated or rendered impossible, impracticable, difficult, costly or results in any economic hardship or losses. In connection with a Booking, Eleven may require the Guest to sign a declaration acknowledging whether the Guest has purchased CFAR travel insurance or declined to purchase that insurance as described above in this paragraph. If the Guest does not timely provide Eleven with the signed declaration, Eleven shall have the right to Cancel the Booking, which Cancellation shall be subject to the Deposit and Cancellation Policies.
The Guest acknowledges that in some instances Eleven may require the Guest to purchase CFAR travel insurance as a condition of Eleven’s confirmation of a Booking, and in such instances Eleven will notify the Guest at the time of Booking of such requirements and Eleven will have the right to refuse a Booking or revoke a Booking in the event of such non-compliance.
Cancellation or Change by Eleven
Eleven may cancel or request a change to a Booking or Activities because of an error made by Eleven in the Booking or Activities dates, a double booking, a conflict with another event, Booking or Activity at the Property, or any similar error (an “Eleven Corrective Change”). In the event of an Eleven Corrective Change Eleven will notify and provide the Guest with, in Eleven’s sole discretion: (1) a refund of the amount paid for the Booking or Activities, (2) a credit for the amount paid for the Booking or Activities, which must be used within twelve months of the date of arrival stated in the Booking, and which may be applied to a new Booking at the same or another Property pending availability and subject to possible price increases, or (3) a combination of (1) and (2) above. For the avoidance of doubt, a change or cancellation due to Force Majeure is not an Eleven Corrective Change.