[Date of agreement, number of guests, dates of stay and rates are as per finalized booking on this site. By clicking to “book”, you are electronically signing this rental agreement which covers your stay as specified in the associated invoice. ]
Accommodations for duration of visit for the number of guests specified, staff services (butler, chef, housekeeper(s)/laundress, gardener), exclusive use of house and grounds, furnishings, linens, normal utilities (excluding careless or extremely excessive use of your villa’s electricity and or water supply) , and all on-site amenities except as indicated under Exclusions. Un-rented rooms are locked off.
The cost of food and beverages, consumable items related to food consumption or preparation, and the associated delivery fees for same outside of the listed meals, cost of outside attractions and tours, transportation outside of stated terms above, childcare services, personal laundry, cellular phone services, staff gratuities (minimum 10% high season, 15% low season – This is not optional and is a villa industry standard in Jamaica. This serves to cover for the inevitable staff overtime that results from caring for you during your stay. This is typically paid in cash directly to the staff), accommodations and use of facilities and/or services by persons other than those specifically included in the rental party, replenishment of soap and paper products beyond the initial stock for each bathroom, and items of a personal nature. Spa services are booked separately and provided by independent contractors. 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 except by alternate agreement and arrangement. Guests booking through this site are specifically indicating that they have read and are in agreement with the terms and conditions of booking. Payment of any portion of fees means that you have read and agree to abide by all terms and conditions of this Rental Agreement and it is then en force.
Minimum age to execute the rental agreement is 25, unless accompanied by a responsible adult over the age of 25.
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, or not covered/declined by renter’s insurance coverage or damage deposit. A valid credit card number is required as a guarantee of payment to pay all rent and charges related to the property rental including security deposit. 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.
As the Group Leader for above, I (Renter) 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 25 years of age or older or others in my group are and will be responsible
( 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.
Rental Agreement between Mais Oui Villa/Make It Jamaica and online renter (Guest) :
TERMS & CONDITIONS OF RENTAL
Recitals: Mais Oui Villa/Make it Jamaica, defined as including its owners and employees both in the United States and Jamaica (hereinafter referred to as “we, our, or the Owners” offer short term rental of the home known as Mais Oui Villa (hereinafter referred to as “the villa” or “the property”) to the person named as the Group Leader on the Invoice & Rental Agreement (hereinafter 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 minimum standard in all cases.
Rental Rates: The Group Leader will be responsible for the total rental price of the villa, as set out on this document. The current rental rates applicable for the property are located on the website used to book 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 Site, or in the event guest adds on additional options for their villa stay. If any change becomes necessary on the part of the villa, every effort to provide guests with as much notice as possible will be made.
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 assessable 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.
Mais Oui is rented to responsible adults only. Minimum age to execute the rental agreement is 25, 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 canceled 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. Exception to this physically present rule is booking by travel professional with a valid IATA or equivalent number. Any other person(s) on the property without prior authorization is in violation of the agreement, is the sole responsibility of the guest, and will be subject to day pass fees. See “Visitor Policy” for further details. 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.
CANCELLATION & TRIP INSURANCE
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”.
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 to 30 days – eligible for 50% refund. 30 days or less no refund is offered. Changes in a reservation that result in a shortened stay cannot be for less than our minimum rental requirement (currently 3 nights, 4 nights for events). No refunds are made for cancellations made 30 days or less prior to arrival, (90 days for Easter or Thanksgiving). If Guest chooses to reschedule the date after the 30 day window, 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 website. 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. All cancellations are subject to a 10% surcharge which covers credit card fees and administrative charges.
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. Villas are small operations 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.
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 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.
In addition to the above, any day visitor 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 but will be no less than US$50 per person. Day passes must be pre-arranged with and approved by the Owners. Only visitors known to the guests prior to their arrival on the island are eligible for a day pass. “Strangers” who guests just met after arriving on the island are not permitted on property. As an added security measure, Guest agrees to notify the on-site manager/staff 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 of US$75 per person per night must be paid (in addition to the day pass rate). There must also be available capacity at the villa to accommodate the additional guest(s).
For the safety of guests and staff, unregistered guests may not stay overnight without approval as above. Strangers, defined as people not known to guests prior to the trip, may not be invited onto the property. If guests would like to meet with such persons, it is suggested that it be done so at a public place. Should guests have family and or friends staying elsewhere on the island who would like to visit, please see our visitor policy above.
Owners and or manager may inspect premises at any time without prior notice.
Events and any celebrations that involve the presence of more persons beyond the stated occupancy in the online booking must be discussed and approved with the Owners prior to booking. Any activity which requires outside vendors or coordination of same with villa operations is eligible to be classified as an event, and the event fee applies. Organization and finalization of the event must occur prior to the event taking place. No house parties or functions such as weddings etc. are allowed without advanced written permission, planning and preparation. See Visitor Policy. Event fees start at US$1500 per event with villa booking and are in addition to any villa rental fees. Mais Oui is located in a quiet residential neighborhood with other private homes and villas. Guests agree to be respectful and to avoid disturbing neighbors.
There are fish and turtles in ponds at the villa. No other pets are permitted on premises. Wild reptiles such as lizards and other animals such as cats are native to our area. These are not domesticated and are not to be handled or petted.
Smoking is prohibited inside the villa. Smoking is only allowed at the pool terrace, rooftop terraces and gardens. Care must be taken while smoking outdoors given there are times of drought and wildfires are a risk. There is a US$250 cleaning fee per room, per incident in which there has been smoking. This is determined by our staff. Guests agree that the fine will be paid promptly. Repeat occurrences will result in eviction without a refund. Tampering with smoke detectors including removal or disengagement of batteries is a violation of local fire ordinances and this rental agreement and is subject to eviction without refund.
Wi-Fi/Wired Internet Connection Terms and Conditions of Use
Please read the following information carefully before using this service. Your use of this service indicates your acceptance of these terms and conditions.
WiFi Terms and Conditions.
The high-speed Internet Wired or Wireless system (“Wi-Fi System”) provided at Mais Oui Villa (“Mais Oui Villa”). These “Terms and Conditions of Use”, govern your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi Wired System at Mais Oui Villa with this service provided.
Acceptance of WiFi Terms and Conditions of Use
BY USING THE PROVIDED WIRELESS/WIRED INTERNET CONNECTION, YOU REPRESENT that:
1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT
2. YOU ARE AT LEAST 18 YEARS OF AGE.
3. YOU AGREE TO BE RESPONSIBLE FOR YOUR OWN MINOR CHILDREN IN YOUR CHARGE WHO USE THE INTERNET WHILE AT MAIS OUI VILLA.
If you do not agree to the terms of this Agreement, you may not use the Wi-Fi/Wired System at Mais Oui Villa. Your electronic acceptance of the Agreement by connecting to the provided connection has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you connect to the provided connection.
Description of Wi-Fi/Wired System Service Availability
Mais Oui Villa will provide access to the Wi-Fi/Wired System at locations (“Enabled Locations”) that have been equipped with wireless/wired access points. Access points or Enabled Locations may not be available in all areas in the Mais Oui Villa, and may not always be operational. Mais Oui Villa will provide you with wireless/wired connection information at the time of check in and orientation for your stay.
Fee for Wi-Fi System
The Wi-Fi wired system at Mais Oui Villa is provided “free of charge” as a value added service to the guests and business partners of Mais Oui Villa.
Access to Internet
Mais Oui Villa does not screen or restrict access to any content placed on or accessible through the Internet. Mais Oui Villa also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Mais Oui Villa is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi/Wired System. We provide access to the internet in the main areas of the villa which include the Family Room, Bar Area, Dining Room, Living Room, Library Lounge and around the pool. Provided internet access is basic in nature and only sufficient for simple informational websites and email. Internet streaming services are not supported.
Guest WiFi Responsibilities
Guest must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi/Wired System, (2) comply with local and international laws and regulations, including but not limited to copyright and intellectual property rights laws. Guests agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the WiFi/Wired System and (2) all communications that you send or receive via the Wi-Fi/Wired System.
Mais Oui Villa does not undertake the security of any data you send through the Wi-Fi/Wired System and it is your responsibility to secure such data.
WiFi Acceptable Use Policy (AUP)
All users of the Wifi/Wired System must comply with this WiFi Acceptable Use Policy (AUP). This AUP is intended to prevent unacceptable uses of the internet. Mais Oui Villa does not actively monitor the use of the WiFi/Wired System under normal circumstances. Similarly we do not exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi/Wired System.
However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be identified as illegal, may subject Mais Oui Villa to liability or may violate this AUP. Guest agrees that Owners and Staff of Mais Oui Villa may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Wi-Fi/Wired System.
The following constitute examples of violations of this AUP:
You also agree to not use the Wi-Fi/Wired System to:
(1) Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, torturous, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(2) Harm, or attempt to harm, minors in any way;
(3) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi/Wired System;
(4) Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(5) Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(7) Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(8) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(9) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(10) “Stalk’ or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
(11) Resell the Wi-Fi/Wired System;
(12) Use the Wi-Fi/Wired System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Guests understand and agree that Mais Oui Villa may disclose your communications and activities using the Wi-Fi/Wired System in response to lawful requests by governmental authorities, including Patriot Act requests (USA), and judicial orders.
WiFi Use Termination
Guests agree that Mais Oui Villa may terminate this Agreement and cancel Guest access to the WiFi/Wired System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi/Wired System to perform any illegal activity.
Guests further agree that in the event of termination for any reason, Mais Oui Villa will have no liability to guest.
Mais Oui Villa may, at its sole discretion, modify the terms and conditions of this Agreement, including the AUP, at any time.
Guests shall defend, indemnify and hold Mais Oui Villa and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi/Wired System or any breach of this Agreement.
No WiFi Warranty
The wi-fi/wired service, where available, is provided on an “as is” and “as available” basis, without warranties of any kind. Mais Oui Villa does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. Mais Oui Villa makes no express warranties and customer waives all implied warranties including, but not limited to, warrantees of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through the provided connection or the internet generally. Guest expressly acknowledges that there are, and assumes all responsibility related to, the security, privacy and confidentiality risks inherent in wireless communications and technology and Mais Oui Villa does not make any assurances or warranties relating to such risks. No advice or information given by Mais Oui Villa vacation rentals or its representatives shall create a warranty. The full internet usage agreement is provided on the Mais Oui Villa website and will be provided on request
Limitation of Liability
Renter specifically agrees that Mais Oui Villa, its employees, agents, vendors, and licensors are not liable for any costs or damages arising, either directly or indirectly, from the use of the wi-fl/wired system or the internet, specifically including any direct, indirect, incidental, exemplary, multiple, special, punitive or consequential damages.
Waiver Of Liability, Assumption Of Risk & Indemnity Agreement (“Agreement”)
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (WHO). There are many unknowns related to the COVID-19 virus, including but not limited to its methods of transmission, presentation of symptoms, and duration. The Government of Jamaica has made recommendations to protect the safety and health of persons in Jamaica.
Mais Oui Villa’s responsibility to guests is to provide safe and clean accommodations. Guests accept that the villa’s staff undertakes their duties with protocols to keep both themselves and guests safe. This can include but is not limited to the wearing of masks, personal protective equipment (PPE), frequent cleaning of high touch areas and generally socially distancing themselves from guests and each other as much as possible, within the context of fulfilling their duties.
Guests further understand and acknowledge the inherent risks associated with COVID-19 and agree to stay at the Villa Accommodations listed that we are booking in Jamaica with Mais Oui Villa operating under the brand Mais Oui Villa recognizing and assuming these risks. We (guests) understand and acknowledge that Mais Oui Villa cannot guarantee that we (guests) will not become infected with COVID-19 or any other illness and staying at the listed accommodation and using its facilities could increase my risk of contracting COVID-19 or other communicable illness.
1. WAIVER: We (guests) understand that the terms in this Agreement are contractual and shall be binding on me, my next of kin, heirs, children, invitees, personal representatives, beneficiaries or assigns. We confirm we have the authority to bind the aforementioned persons and that by my signature herein they are estopped from claiming otherwise. In consideration of permission to stay at The Accommodation and use its facilities, WE (Guests) HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Mais Oui Villa, any affiliated or related entities, successors, predecessors, subsidiaries, villa owners, operators, assigns, professional advisors, members, directors, associates, officers, agents, independent contractors employees or other persons in any way related to Mais Oui Villa for any liability, claims, actions, damages, illness, including death, costs or expenses at law or in equity of whatever kind related directly or indirectly to the transmission, infection or spread of COVID-19 or any financial damages arising either directly or indirectly from the transmission, infection or spread of COVID-19 by me whether caused by ACTIONS, OMISSIONS OR NEGLIGENCE OF myself or Mais Oui Villa occurring before, during or after my stay at the accommodations listed.
2. ASSUMPTION OF RISKS: By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by staying at the accommodations listed and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or my child(ren), including, but not limited to, personal injury, illness, disability, death, damage, loss, or expense, of any kind, that I or my child(ren) may experience or incur in connection with our stay at the accommodations listed, however caused, WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of Mais Oui Villa.
3. COMPLIANCE WITH RULES. By my act of booking, I agree to comply with any and all safety rules and requirements of Mais Oui Villa related to COVID-19, including but not limited to compliance with governmental directives and/or orders, use of social distancing and/or masks, immediate disclosure to staff at Mais Oui Villa of symptoms and/or knowledge of possible infection, personal hygiene, self- isolating and quarantining and any other orders or directives issued by Mais Oui Villa or the Government of Jamaica or Ministry of Health.
Guest and their party are responsible for any damage to the contents of the property. At the termination of the rental period, Guest shall surrender possession of the premises in like condition to how it was delivered to Guest. 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 Waiver: 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. Neither Renter’s Insurance nor Damage Waiver will cover charges related to smoking in a non-smoking location. Any damage deposit is returned if there is no damage at the end of the stay.
Guests can make use of the villa phone for local calls during their stay at the villa. Guests are responsible for funding any cell phone loaner(s) to make calls.
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 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.
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, riding in vehicles of locals, and use of equipment belonging to the property such as snorkeling gear, paddle boards, exercise equipment, golf equipment, tennis/basketball 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 guests’ 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 as care is expected to be taken by guests at all times. 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. If guests contract with any villa staff to provide driving services, such staff are acting as an independent contractor and not as villa staff whether on duty or off duty because their roles at the villa do not include transporting guests. 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 however 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: In the event of circumstances beyond our control for which the villa might not be available for occupancy, such as due to governmental order, embargoes, war or threat of war, invasion, riots, terrorist activities, industrial disputes, embargoes, natural or nuclear disasters and other acts of God (fires, explosions, earthquakes, natural disasters, floods, or infestation), destruction of property, sale of property, epidemic, pandemic or other international or regional emergency for which travel is prohibited by recognized governmental order, or building or construction activities in proximate to the villa, or any other event(s) beyond our reasonable control, Mais Oui Villa will do its best to make alternative arrangements for the guest whenever possible. If the villa is unable to do so or if the alternative arrangements are not acceptable to the guest, all monies paid to Mais Oui Villa, to the extent allocable to the period when the premises are unavailable, will be refunded to the Guest but without interest or further compensation of any kind. This will be the full extent of the liability of Mais Oui Villa and the villa will not be responsible for any other costs connected with any such cancellation. Guest hereby waives any claim against Mais Oui Villa/Make It Jamaica or its owners for damages by reason of such termination.
CoVID19 is now a known entity. Fear or concern over CoVID19 infection does not invoke the Force Majeure clause.
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 staff. 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. Guests 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.
I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Jamaica and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS AGREEMENT, fully understand its terms, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I INTEND BY MY DEPOSIT/PAYMENT FOR THIS VILLA RENTAL TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I irrevocably agree that the laws of Jamaica shall govern this Agreement and I accept the exclusive jurisdiction of the courts of Jamaica for this Agreement.
ACCEPTANCE OF THE TERMS AND CONDITIONS: Payment for your booking constitutes your acceptance and agreement to these terms, conditions, limitation and restrictions as printed above. Each guest in the group accepts the terms and conditions contained herein.
Payment of your villa rental constitutes your agreement that this is a legally binding document and you have read and agreed to all the terms and conditions within it.