Terms and Conditions


ONLINE RENTAL AGREEMENT

[Date of agreement, number of guests, dates of stay and rates are as per finalized booking on this site.]

Inclusions: Accommodations for duration of visit for the number of guests specified, staff services (manager, cook, housekeeper, gardener/security), exclusive use of house and grounds, furnishings, linens, normal utilities ​ (except for careless or extremely excessive use of your villa’s electricity and or water supply)​ , and all on-site amenities except as indicated under Exclusions. Unrented rooms are locked off.

Exclusions: The cost of food and beverages, consumable items related to food consumption or preparation, and the associated delivery fees for same, staff gratuities, cost of outside attractions and tours, childcare services, personal laundry, cellular phone services, van and driver services or other forms of transportation (booked separately and provided by independent contractor), accommodations and use of facilities and services by persons other than those specifically included in the rental party, gas for the hot tub in excess of 2 tanks per weekly booking, bottled water beyond the initial 5-gallon supply, replenishment of soap and paper products beyond the initial stock for each bathroom, and items of a personal nature. Spa services and use of spa facilities including steam room and outdoor spa amenities such as outdoor tub and shower are strictly restricted to individuals with scheduled appointments (booked separately and provided by independent contractor). Damage protection and cancellation insurance are not included in our rates.

Confirmation of Bookings: Reservations are only considered firm upon receipt of a 30% deposit and an agreed to rental agreement. Guest booking must specifically indicate agreement to the terms of booking during the booking process. All bookings are accepted subject to the attached terms and conditions. Payment of any portion of fees means that you have read and agree to abide by all terms and conditions of this Lease Agreement and it is then en force.

Minimum age to execute the rental agreement is 21​, unless accompanied by a responsible adult over the age of 21.

Statement of acceptance of Terms & Conditions

The Group Leader, defined as the person signing the rental agreement/making the booking arrangements, attests that all persons who will be occupying the villa have accepted the Terms and Conditions of this Rental Agreement. We expect that our home will be left in the same condition in which it was found, the same way you would expect your home to be returned to you, intact, if you were to choose to rent your home. We suggest that you share all pre-trip information with your guests to reduce the likelihood of any misunderstandings.


Credit Card Agreement

The Group Leader will be responsible for all costs associated with rental of the property, including full cost of the accommodation, other contracted services, and any additional fees or charges that are incurred, including any damage beyond normal wear and tear. A valid credit card number is required as a guarantee of payment to Make It Jamaica to pay all rent and charges related to the property rental. In the absence of another payment arrangement, Make It Jamaica is authorized to charge the credit card used for booking the property for payment of these items.

PROTECT YOUR TRIP

Renter’s Insurance**​ - protection from extra expense due to accidental damage: Required. Cancellation Insurance​ - protection of your vacation rental payment investment should you have to cancel: Strongly recommended. Make It Jamaica does not offer such insurance.

As the Group Leader for above, I confirm the following:

( x ) I accept responsibility for everyone in my group. All damages and or additional charges will be my responsibility
( x ) I am 21 years of age or older
( x ) I agree to the above Invoice & Rental Agreement as well as the contents of the Lease Agreement/Terms & Conditions of Rental
( x ) I understand that my checking the “Agree” button on the site and/or my election to book and make payment will act as my electronic signature and agreement to the contents of this Online Rental Agreement including the terms and conditions of rental.
On line renter (Guest) via web site booking process
Date is as per booking date via web site
Booking is Accepted via web site on behalf of Mais Oui Villa/Make It Jamaica
Date is as per booking date via web site

Rental Agreement between Mais Oui Villa/Make It Jamaica and online renter (Guest)

TERMS & CONDITIONS OF RENTAL

Recitals: Make it Jamaica, defined as including its owners and employees both in the United States and Jamaica (herein after referred to as “we, our, or the Owners” offer short term rental of the home known as Mais Oui Tennis and Spa Villa (herein after referred to as “the villa” or “the property”) to the person named as the Group Leader on the Invoice & Rental Agreement (herein after referred to as “you”, “your”, “the Guest” or “the Group Leader”). Information about the property can be found on-line at www.makeitjamaica.com​ (our website) as well as other listing sites. Our site will remain the final determiner of rates and policies because we can only partially control the content on other listing sites at best, so www.MakeItJamaica.com will serve as the standard in all cases.

Rental Rates: The Group Leader will be responsible for the total rental price of the villa, as set out in the Rental Quote. The current rental rates applicable for the property are located on our website and are subject to change without notice. Once a booking is confirmed, the cost of the rental will be fixed subject only to change in the rental cost, in the sole discretion of the Owners, when there has been a clear error made on the Rental Quote, or in the event you add on additional options for your villa stay. We will make every effort to provide you with as much notice as possible if any change becomes necessary.

Payment: Payment of the remaining balance, total cost less the deposit, must be paid 60 or more days prior to your scheduled arrival date (90 days for Easter, Thanksgiving, Christmas and New Years’ weeks). For bookings made less than 60 days prior to arrival, the full payment is due at the time of booking. If the full balance of the rental cost is not paid in cleared funds by the time period stated above, we reserve the right to cancel your reservation and cancellation penalties will apply.

Term of the Lease​: ​ The lease begins at 3 p.m. on the “Check-in Date” and ends at 11 a.m. on the “Checkout Date” – unless by prior arrangement. Early check-in or late check-out requests must be discussed with Owners in advance. If late check out is available, the fees are based on the number of rooms rented and are as follows: Check out between 11am - 5pm, 50% of the daily rate of your stay. Check out after 5pm, 100% of the daily rate of your stay.

Rental Party​ : Mais Oui is rented to responsible adults only. Minimum age to execute the rental agreement is 21, unless accompanied by a responsible older adult guardian or parent. If it is determined that this contract was entered into using fraudulent means, the contract will become null and void and may be cancelled without a refund at the Owners’ sole discretion. Sharing or subletting of the villa to another party is not allowed and is a breach of this agreement. The rental party shall consist of the Group Leader and the persons indicated on the Client Information form, which must be completed on or before 60 days prior to arrival. Only persons listed on this agreement may occupy the property at any time. Any other person(s) on the property without prior authorization is in violation of the agreement and is the sole responsibility of the guest. See “Visitor Policy”. Guest and all members of the rental party and anyone else Guest permits on the property shall abide by the terms of rental at all times while at the property.

OCCUPANCY: The number of persons staying at the villa may not exceed the number stated in this rental agreement as per finalized terms of booking on the web site,​ nor can it ever exceed the stated capacity of the villa (17 persons)​ without prior written consent. ​ If the villa is booked for a reduced number of bedrooms at a reduced price, the bedrooms which are not included in the booking will remain locked and may not be used. ​ In cases of misrepresentation, the Guest will be required to pay for the extra person(s) as described below or immediately vacate the property without a refund. Additional overnight guest fee: Guests above the number stated in the rental agreement will be charged at our current per person per night rate. The fee is incurred except for children under age 2 who share a bed with their parents. If a bed is used, the fee is charged.

Visitor policy: In addition to the above, any day visitor numbering more than 2 persons above the number stated in the rental agreement will incur a Visitor Day Pass charge which is per person per day payable directly to the Villa Manager. The day pass rate is subject to change without notice. Day passes must be prearranged with and approved by the Owners. As an added security measure, Guest agrees to notify the on-site manager of the names of all visitors prior to arrival. Guest assumes any and all responsibility for the actions and safety of these additional persons. The day pass does not include meals or overnight accommodations but does grant access to the property and available amenities as provided for registered guests. If a Day Pass guest wishes to stay overnight, this must be requested in advance and the overnight fee must be paid.

Security: For the safety of our guests and staff, unregistered guests may not stay overnight. Strangers, defined as people you did not know prior to your trip, may not be invited onto the property. If you would like to meet with such persons, we suggest that you do so at a public place. Should you have family and or friends staying elsewhere on the island who would like to visit you, please see our visitor policy above.

Owner access: Owners and or manager may inspect premises at any time without prior notice.

Events: Events and any celebrations that involve the presence of more than 2 persons beyond the stated occupancy in the rental agreement must be discussed with the Owners prior to booking. No house parties or functions such as weddings etc. are allowed without advanced written permission. See Visitor Policy. Event fees start at US$1000. Mais Oui is located in a quiet residential neighborhood with other private homes and villas. We ask guests to be respectful and not disturb our neighbors.

Pets: There are pet fish at the villa as well as wild reptiles including lizards and turtles native to our area. No other pets are permitted.

Smoking: Smoking is prohibited inside our home. Smoking is only allowed at the pool terrace, roof top terrace and gardens. Care must be taken while smoking outdoors given times of drought. There is a US$250 cleaning fee per room in which there has been smoking. This is determined by our staff. The fine will be paid promptly. Repeat occurrences will result in eviction without a refund. Marijuana use, in particular, is not allowed on our property. Tampering with our smoke detectors including removal or disengagement of batteries is a violation of local fire ordinances and this rental agreement.

CANCELLATION & TRIP INSURANCE

Booking Changes: If you need to change your booking after confirmation, you must write or email us and we will do our best to accommodate your requirements wherever possible. If you add more people to your group, they are added with the understanding that they have accepted and will abide by the terms and conditions and that there will be additional charges. Changes that reduce the number of nights booked or involve date changes could involve additional fees. Owners reserve the right to charge a change or cancellation fee. Please read our “Cancellation Policy”.

Cancellation Policy: All cancellations must be in writing. It is the responsibility of the Guest to ensure that the booking change or cancellation letter or email reaches the Owners in a timely fashion. Provided that the Owners receive the written notice of cancellation prior to the deadlines outlined, the policy will be as follows: Cancellations made 60 or more days prior to your scheduled arrival date (90 days for Easter and Thanksgiving) will incur a one-time cancellation fee of 10% of the total villa rental cost for this booking. Alternatively, the guest may choose to reschedule the vacation dates, one time, within the 365 days from date of cancellation, with full credit toward the new reservation in the same season (low, versus high versus holiday week). Changes in a reservation that result in a shortened stay cannot be for less than our minimum rental requirement (currently 4 nights). No refunds are made for cancellations made 60 days or less prior to arrival, ​ (90 days for Easter or Thanksgiving). If Guest chooses to reschedule the date after the 60 day window (90 days for Easter and Thanksgiving), this would be considered a new booking.

No part of Christmas or New Years bookings are refundable​. ​

Additionally, there are no refunds for non-use of any goods or services, for individuals who do not arrive, arrive late or who depart early for all or part of the rental period. For Guests who cancel or make changes to the reservation, such as reduction in head-count, after the deadlines described above, the guest is liable to pay the outstanding balance as outlined in the Rental Quote, and per the agreed rental terms on the booking web site. The Owners reserve the right to cancel any bookings providing written notice is given and any balance paid refunded unless the reason for the cancellation is failure to pay the full balance.

Unavailability of Premises:​ ​ In the unlikely event the Owners determine that the premises or parts thereof, are not available for occupancy before commencement of the stay or during the term of this lease due to casualty, fire, acts of God, strikes, national emergency, or other cause beyond the control of the Owners, this lease and the obligations of the Owners and Guest shall terminate. Monies paid to the Owners, to the extent allocable to the period when the premises are unavailable, will be refunded to the Guest but without interest, compensation or consequential loss of any kind. Guest hereby waives any claim against the Owners for damages by reason of such termination.

** Trip Insurance: Vacation rental/trip cancellation/interruption insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. For extra peace of mind, we strongly recommend that you purchase this valuable protection. This is especially encouraged if you are traveling during hurricane season, which is traditionally between August and November. We are a very small operation with only one vacation rental and cannot be expected to write off lost income from cancellations, as do large hotels. ​ It is your choice and responsibility whether or not you choose to purchase such insurance on behalf of all your guests. ​ Guest is advised to arrange for adequate insurance to cover all members of the rental party for any and all travel, personal risks/injuries, liabilities, and any cancellation expenses. As much as we empathize with people who are in distress, ​ we thank you in advance for not putting us in the awkward position of having to refer you back to our cancellation policy in the event that you have to cancel your vacation and you did not take out such insurance.

DAMAGE DEPOSIT: Avoid Extra Charges/Costs Your agreement to abide by these terms includes acceptance to pay for any damage of any kind as a result of your occupancy of the property. To maintain the booking, either the non-refundable Renter’s Insurance or a refundable damage deposit is required. Failure to do either option by 30 days prior to arrival places the reservation at risk for cancellation. Additionally, the group leader is required to have a credit card on file as guarantee against any damages or other charges. You may purchase Renter’s Insurance as outlined in your initial quote or pay us a refundable damage deposit of US$200 per rented room with a minimum security deposit of US$600 (3 bedrooms). Security deposit less 5% processing fee is refunded within 14 days, after the house has been checked and no damages identified. Please note that this does not cover for additional cleaning if the property was left abnormally dirty, for excessive utility charges, additional costs for misuse of the equipment or removal of any items from the property. Damage to furniture from wet swimsuits or suntan lotion for example is NOT considered normal wear and tear. The Group Leader will be held responsible for all additional costs, which exceed the Renter’s Insurance limits, those deemed as non-covered by the insurance carrier or the security deposit, whichever is applicable. Losses that may result in additional charges beyond the waiver limits or security deposit include, but are not limited to: replacement costs for missing or damaged items including delivery and installation fees, service for damage to the property and its contents, fees for unregistered guests, parties/events held without authorization, smoking, or acts of vandalism. In the event that charges are assessed, the lessee will be emailed an invoice. All charges accrued during the stay must be paid prior to departure. Guest agrees that credit card charges are final. ​ Any and all charges will be made against the credit card on file.

Property Damage: At the termination of the rental period, Guest shall surrender possession of the premises in like condition to how it was delivered to Guest. Guest and its party are responsible for the contents of the property If there is any loss, damage, or breakage to the premises or its contents, Guest will reimburse the Owners for the cost of replacement or repair. Please refer to the section on Damage Deposit: Avoid Extra Charges/Costs.​ ​ Specifically a cleaning fee of US$250 per bedroom will be deducted from any damage deposit or charged to Credit Card on file to cover the cost of trying to eliminate residual smoke odors​ from same if the “No Smoking” policy is violated. Renter’s Insurance DOES NOT cover charges related to smoking in a non-smoking location.

Telephone: Guests can be provided a courtesy cell phone for their use during their stay at the villa. Guests are responsible for funding the phone to make calls. Incoming calls are free. The phone is to be returned at the end of your stay. The fee is US$150 for failure to return the phone.

Staff: The villa is staffed. Staff members will clean rooms daily, take care of the grounds, as well as prepare and serve meals. There is no refund for unused staff services. If you require extra meal or staff service outside of the typical work hours, you will likely require additional staff at an additional cost. It is strictly prohibited to ask staff to use their personal resources such as phones, vehicles, monies etc for your benefit. All food, beverages or other items that are purchased on your behalf must be reimbursed to the staff promptly.

RESPONSIBILITIES

Activities Taken at Guest’s Own Risk: Guests should use reasonable caution appropriate for living in a foreign country and in a home with a swimming pool, hot tub, roof deck, gardens, and pond. The use of the Property and its amenities and or services are at the Guest and party’s own risk. Guests shall be solely responsible for, and Owners shall have no responsibility for injuries, including death, and damages resulting from activities that the Guest engages in at his or her own risk. Such activities are understood to include the following: activities off the premises, activities on or off water including swimming pool and spa/hot tub, excursions taken (such as river rafting or outings by vehicle even if offered or arranged by Owners or villa staff, spa services, sleeping outside of the main house after dark, and use of equipment belonging to the Property such as snorkeling gear, exercise equipment, golf equipment, tennis court, kayaks, bicycles and vehicles, etc. In particular, the Guest and their party are responsible for any and all children and their activities. Guests are expressly forbidden from allowing children to use the pool, pool area, hot tub, roof deck, adjacent gardens with the pond without adult supervision. The pool is not gated. It is the guest’s responsibility to keep all doors to this area locked. Caution must be taken around wet areas. In particular, walking through the villa or sitting on furniture with wet clothing is not allowed. The wet tiles will be a slipping hazard for which Mais Oui and its Owners will bear absolutely no responsibility whatever the circumstance. It is advised that children under age 12, persons with high blood pressure or heart conditions or pregnancy not use the hot tub due to potential serious changes in blood pressure and or heart rate. For safety reasons, glass must not be used in or around the pool. Plastic ware has been provided for use in this area. If guests contract with villa staff to provide driving services, such staff is acting as an independent contractor and not as villa staff. As such, Guest and their party waive and release all potential claims against Mais Oui Villa and its Owners including but not limited to claims of bodily harm, death, or physical damage or insurance deductible charges from mishaps related to such activities.

Indemnification & Limitations of Liability: Nothing in this clause or these terms will limit the Owners’ liability for death or personal injury caused by the gross negligence of the Owners. Subject to the preceding statement, the Owners accept no liability whatsoever for personal injury, death, accidents, loss or damage, to persons or personal belongings howsoever else caused. Additionally, the Guest agrees that it will indemnify and hold and save the Owners whole and harmless of, from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgements recovered from or asserted against Owners by any person (including members of the Guest party or invitees) on account of injury to person including death, damage, or loss of property to the extent that any such injury, damage or loss, proximate or remote, is the result of negligence or willful misconduct on the part of the Guest or its rental party or of any other person entering upon the premises leased hereunder with the expressed or implied invitation or permission of Guest, or invitees of any law, ordinance or governmental order. Guest covenants and agrees that in case the Owners shall be made a party to any litigation commenced by or against Guest or relating to this lease or to the capital premises leased hereunder, then Guest shall pay all costs and expenses, including reasonable attorney’s fees and court costs, incurred by or imposed upon the Owners by virtue of any such litigation. Mais Oui Villa/Make It Jamaica and its Owners have made a good faith effort to accurately present the villa, but shall not be liable for any inaccuracies in such presentations, or changes in the condition of the accommodations or the surrounding environment, or the condition thereof, or for the sudden failure or temporary defects or shortages or stoppages in supply of electricity, gas, water, satellite or internet services which are out of their control. If for any reason service goes out, we will do our best to have service restored; however, we cannot guarantee the timing of restoration of such service. No rent reimbursement shall be paid for such loss of service. Furnishings are subject to change without notice. The Owners assume no responsibility for any loss or damage to the property of the Guest or its rental party unless such loss or damage is the result of the Owner’s willful misconduct or negligence. Arrangements for driving services, transportation, baby sitting, spa services and private classes or services are with independent contractors and as such Mais Oui Villa and its Owners assume no liability for their services and actions. Guest agrees that any and all downloads from the internet will be done within the terms of the law and accepts any and all responsibility for such use and will cause the villa and its Owners to be held harmless in the event of any related disputes.

Force Majeure: The Owners accept no liability whatsoever and no compensation or any other payment will be made if cancellation or changes to the terms of your booking becomes necessary due to war or threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural or nuclear disasters, flood, fire, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedule by carriers, loss of main electricity or gas supplies or any other events beyond our reasonable control. Complaints & Maintenance: Mais Oui’s staff and Owners make every effort to keep the villa and inventory in order. If there is a maintenance issue, we expect that it will be brought to our attention promptly so that we can correct the problem as soon as possible after being notified. No refund or rate adjustment shall be made for unforeseen mechanical failures such as the supply of electricity, water, pool filtration systems, air conditioning, hot tub, whirlpools, television, satellite service, internet, appliances, etc. Guests should attempt to deal with problems on the spot through the villa manager. If a problem occurs which cannot be satisfactorily dealt with by the villa staff, clients should contact the Owners. Vacating the property will not be considered sufficient cause to claim a refund. If the problem is justified in the sole discretion of the Owners and not solvable, guest may be instructed by the Owners to vacate the property and a refund for the unused portion of the Guest’s stay will be issued. The nights that were spent at the villa will not be included in the refund. All nights where the villa was occupied will be charged at a pro-rated nightly rate (rental rate divided by number of nights in booking). In no event will a claim for refund be entertained if lodged after the end of the rental period. Guest understands and accepts that Owners maintain in force liability insurance which is enforceable only in the courts of Jamaica. Guest also understands and accepts that unless each Guest of the premises agrees that in the event of a liability claim relating to the lease, each Guest will (1) assert no claim for amounts greater than the applicable limits of the insurance policy, and (2) litigate such claims only in Jamaica, the Owners could not offer a lease to the Guest at the price agreed. Thus in consideration of all this, the Guest agrees that in the event he or she concludes that he or she has a claim arising from or relating to this Lease or use of the Property. Guest will not, no matter the circumstances, (1) sue any party other than those covered in the insurance policy (2) sue outside of Jamaica, or (3) seek damages in excess of the foregoing applicable policy limits. In summary, The Owners are not responsible for any accident, injuries, or illness that occurs to any guest while on the premises or its facilities. The Owners are also not responsible for loss of personal belongings or valuables of the guests. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to the premises. Interpretations of Disputes: All parties expressly agree that in the event of conflict, expressed or implied, between any terms and provisions set forth in this contract, the terms and provisions set forth below shall apply and control for all purposes. These conditions shall be interpreted according to the laws of Jamaica and shall be settled within the jurisdictions of the same. These conditions may not be modified except in writing. All bookings are subject to both the Online Rental Agreement as well as the Terms and Conditions of Rental as outlined above.

Last updated 34/15/2017