Gift Card
Terms & Conditions

(1) Limitations. Gift Cards can only be redeemed through a hotel stay at British Colonial Nassau and cannot be redeemed for any spa purchases that are not part of a hotel stay. By purchasing a Gift Card, using, or accepting a Gift Card, you automatically accept and agree to be bound by these Gift Card T&Cs and the Techsembly T&Cs. Please note that these Gift Card T&Cs contain terms that may affect and/or restrict your legal rights, including, without limitation, the following: (1) these Gift Card T&Cs impose rights and obligations upon you and (2) these Gift Card T&Cs include a binding, confidential arbitration clause, a waiver of your right to participate in class actions, and a waiver of your right to a jury trial. If you do not agree with these Gift Card T&Cs, you should not purchase, use, or accept a Gift Card. 

(2) Purchase. No contract for the sale of any Gift Card will exist between you and British Colonial Nassau until British Colonial Nassau accepts your order by way of an email order confirmation from a British Colonial Nassau (issued by Techsembly) for online purchases and issuance of a receipt for purchases in person (the “Confirmation”). If you purchase a Gift Card online, you must check that the details on the 

Confirmation are correct as soon as possible and if anything needs to be updated, please email info@britishcolonial.com as soon as possible. 

(3) Redemption. British Colonial Nassau Gift Cards can only be redeemed at British Colonial Nassau location. British Colonial Nassau cannot be redeemed at any other location. All Gift Cards can only be redeemed through a hotel stay. Gift Cards cannot be redeemed on any spa or club purchases that are not part of a hotel stay. The digital Gift Card must be presented upon redemption or check-in. Gift Cards cannot be combined with any other offers or promotions. You are advised to contact British Colonial Nassau at info@britishcolonial.com in order to arrange a date and time to enjoy the gift, and any such date and time shall be subject to availability. Any Gift Card with a balance of more than five dollars (US $5.00) cannot be exchanged for cash or redeemed against the purchase of another Gift Card. Gift Cards may be used to pay for the whole or any part of an in-hotel purchase. There is no limit on the number of Gift Cards that may be used in one transaction. To transfer the balances from multiple Gift Cards onto a single Gift Card, please email info@britishcolonial.com.

(4) De-activation; suspension; fraud. If British Colonial Nassau suspects or otherwise has reason to believe that a Gift Card was obtained and/or is being used fraudulently, unlawfully, or otherwise in violation of these Gift Card T&Cs, British Colonial Nassau has the right, at any time and with or without notice, to void or suspend a Gift Card, cancel and/or limit orders, without any obligation to refund same, and to request alternative forms of payment. The resale of British Colonial Nassau Gift Cards without British Colonial Nassau prior written consent is strictly prohibited. British Colonial Nassau recommends that you do not purchase discounted cards from third parties purporting to be ”resellers.” Such ”resellers” are NOT authorized resellers. Please be aware that re-sold cards are often purchased through stolen credit cards and, therefore, may be voided by British Colonial Nassau at any time. A Gift Card is not valid and will not be honored if, and British Colonial Nassau will not be liable for, a Gift Card is obtained from any unauthorized sellers or resellers, including through Internet auction sites. 

(5) Expiration of Gift Cards. Each Gift Card will remain valid for a period of nine (9) years from the date of purchase. 

(6) Balance inquiries. To check your balance, please write to Info@britishcolonial.com.  The balance you receive when contacting Info@britishcolonial.com is an estimate only. Although a card balance is usually adjusted as soon as you make a purchase, there may be instances when an updated balance is delayed. 

(7) Delivery; lost, destroyed, or stolen Gift Cards. 

(a) For any physical Gift Cards, once your order has been processed (on behalf of British Colonial Nassau, British Colonial Nassau shall be responsible for issuing and posting your Gift Cards out. Please allow up to 7 days during peak postal times for delivery within the United States and approximately 10 working days for international delivery. There is no delivery on bank holidays or weekends. Please note that delivery is made by the United States Postal Service and neither Techsembly nor British Colonial Nassau can be held responsible for delays caused by the USPS. Neither Techsembly nor British Colonial Nassau accept liability for any delay that may occur in the delivery times that are due to circumstances outside its control. You may cancel an order in such circumstances. To cancel your order, please contact info@britishcolonial.com.  Any costs of packaging and delivery will be as displayed to you prior to you purchasing the Gift Card and outlined in the order confirmation. 

(b) Delivery for digital Gift Cards, once the purchase is complete, will be evidenced by a confirmation email sent to the recipient. This is a system-generated email and therefore may go to the email recipient's junk or spam email folder. Please help to ensure the email address is correct. If you have misspelled the email address accidentally, please get in contact with info@britishcolonial.com as soon as possible.

(c) British Colonial Nassau is under no obligation to replace or refund a lost, stolen or destroyed Gift Card. The risk of loss, damage or theft passes to you upon purchase of a Gift Card. British Colonial Nassau is not responsible if a Gift Card is lost, stolen, damaged, destroyed or used without your permission. 

(8) Non-refundable. Except to the extent required by applicable laws, Gift Cards are non-refundable and cannot be returned or redeemed for cash. When the remaining value of a Gift Card is less than five dollars (US $5.00), you can opt to receive cash for the balance. 

(9) Returns. All returns for purchases made using a Gift Card will result in the issuance of a new Gift Card in an amount equal to the value of your return. For returns where a Gift Card was used for part of the payment, the refund will result in the issuance of a new Gift Card in an amount equal to the value of the Gift Card used. If the total amount to be refunded is more than what was paid for a Gift Card, after the issuance of a new Gift Card in an amount equal to the value of the Gift Card used, any remaining balance to be refunded will be refunded to the other method of payment that was originally used by you (i.e., debit/credit card and/or cash). 

(10) Compliance with laws. By purchasing and/or using a Gift Card from British Colonial Nassau, you hereby represent and warrant to British Colonial Nassau that the Gift Card will be used in accordance with these Gift Card T&Cs and all applicable laws, rules and regulations, and that no Gift Card will be used in any manner that is unlawful, deceptive, misleading, or otherwise harmful to any person. You hereby further covenant and agree to defend, indemnify, and hold British Colonial Nassau harmless from and against any claims, losses, costs, damage, expenses and/or liabilities (collectively, “Losses”) made against or incurred by British Colonial Nassau, its affiliates, directors, officers, employees and/or agents in connection with and/or as a result of your use of a Gift Card.

(11) Personal data. Personal data relating to your purchase or use of a Gift Card will be used in accordance with current applicable data protection and privacy legislation and British Colonial Nassau privacy policy which can be found at: [Privacy Policy | Aimbridge Hospitality (a) to supply the Gift Card to you, which will include passing the personal information to Techsembly in order for Techsembly to process and arrange delivery of your Gift Card; (b) to process your payment for your order; and (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by unsubscribing to such communications.

(12) Online Safety. While British Colonial Nassau strives to maintain a secure website, it does not guarantee protection from online threats. It is your responsibility as the user of British Colonial Nassau website to ensure you have adequate security measures in place.

(13) Property Rights. All content on British Colonial Nassau website and used in connection with any Gift Card is protected under copyright law. The content is available for personal, non-commercial use only. 

(14) Governing law; arbitration agreement; prohibition of class actions. 

(a) These Gift T&Cs are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to principles of conflict of law. 

(b) Except for disputes that qualify for small claims court, all disputes between you and British Colonial Nassau (its affiliates, directors, members, officers, employees, and/or agents) arising out of or in connection with these Gift Card T&Cs or your purchase, use, or acceptance of any Gift Card, whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved in final, binding, individual arbitration before a neutral arbitrator instead of in court by a judge or a jury. 

(c) You agree that British Colonial Nassau and you each waive the right to trial by a jury and that the Federal Arbitration Act (“FAA”) and federal arbitration law, not state law, govern the enforceability of this section (despite the general choice of law provision set forth above). You also agree that any arbitration under these terms will take place on an individual basis; class arbitrations, class actions, and mass actions are not permitted, and you agree to waive in full and otherwise give up the ability to bring or participate in a class action. For any and all disputes or claims you have, you must first give British Colonial Nassau an opportunity to resolve your claim by sending an individual, written description of your claim that describes in detail the individual damages that you claim to have suffered to British Colonial Nassau at this address: One Bay Street, Nassau, Bahamas. You hereby agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve your claim within ninety (90) days after we receive from you a detailed description of your claim and you have made a good faith effort to resolve your claim directly with us during such time. If we are unable to resolve your claim within 90 days despite those good faith efforts, then either you or British Colonial Nassau may commence an arbitration proceeding or small claims court proceeding. If an arbitration proceeding is commenced, such proceeding will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these Gift Card T&Cs, in which case these Gift Card T&Cs will govern. If the AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (unless either party files a small claims court matter). Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. 

Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party shall be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis. If a court or arbitrator finds in any action between you and us that any part of this arbitration agreement is unenforceable with respect to any claim, this arbitration agreement will still apply to any and all other claims that you or we may assert in that or any other action. If any provision of this section provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction. 

(d) WITHOUT LIMITING ANY OF THE PRECEDING PROVISIONS, IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

(15) Limitation of liability. Notwithstanding anything in these Gift Card T&Cs to the contrary, in the event that British Colonial Nassau or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed, the greater of (a) the last balance held on your card British Colonial Nassau and its affiliates shall have no liability for any punitive, incidental, indirect, and/or consequential damages (including, without limitation, loss of profit, revenue, or use) arising out of or in any way connected with these Gift Card T&Cs, whether arising in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or any other theory. In no event shall British Colonial Nassau or its affiliates have any liability for unauthorized access to, alteration, theft, or destruction of a Gift Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond British Colonial Nassau control. To the extent that the laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of liability of certain damages, then, if such laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In which case, in such jurisdictions, British Colonial Nassau liability shall be limited to the greatest extent permitted by law. 

(16) Changes to Gift Cards T&Cs. British Colonial Nassau reserves the right to supplement and/or change these Gift Card T&Cs at any time, in British Colonial Nassau discretion. Notice of changes will be made by reasonable means, which may be by posting a revised version of these Gift Card T&Cs on British Colonial Nassau website. Your purchase or use of a Gift Card constitutes your agreement and acceptance to any terms then in effect.