Terms and Conditions for Forever Summer Villa in Runaway Bay, St. Ann, Jamaica
BY MAKING YOUR RESERVATION AND PAYMENT, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THE DETAILS OF THE ACCOMMODATION AND AGREED TO THESE TERMS AND CONDITIONS:
WHO WE ARE
We are Mysilversands Limited, a UK company. You may use the Company Number 5933016 to look up Mysilversands Limited on the UK Government Companies House web site at https://www.gov.uk/get-information-about-a-company.
We do not own the accommodation and other services that you book through us, but we are authorised to make the accommodation and other services available to you by their Owners/Operators, third parties.
The “Accommodation Only” services include any type of accommodation rental and any other accommodation services on offer on our website, which is www.mysilversands.com, with no linked travel arrangement (including, without limitation, flights, car hire, coach, train, tour, excursion or any other tourist service of a significant value) or which aren’t part of a package holiday.
PARTIES TO THIS AGREEMENT
This is the Agreement between us, Mysilversands Limited, and you, the Party Leader, who is making the booking. You agree to provide us with a copy of your official ID, for example the photo page of your passport or driver’s licence as soon as possible after submitting the Reservation Form. In order to avoid confusion, we will only deal with you, the Party Leader, and you must be an adult, over 18 years old, when you book.
You are accepting this Agreement on behalf of everyone who will be staying at the Accommodation. You are confirming that you and each of your party accepts these Terms and Conditions.
This Agreement, and the details on our web site of your accommodation which includes booking information and the details in the booking confirmation, forms the entire agreement between us for your accommodation.
COMMUNICATIONS
We will send, directly to you by email, a Confirmation (includes a copy of these Terms and Conditions), which is your binding contract. You are responsible for keeping other members of the party informed. Our responsibility is to provide the accommodation that you have booked with us. Please check this Confirmation carefully to ensure that you have been confirmed for what you intended to book. We reserve the right at our absolute discretion to refuse your booking, in which case we will refund in full any money you have already paid us.
You agree to notify us immediately of any problems or issues that you may have with the accommodation or its staff so we may address them to your satisfaction. While we welcome any feedback and/or complaints that you advise us of after you have departed the accommodation, we may not be able to address them to your satisfaction, and neither we nor the Accommodation Owner can accept responsibility or pay compensation for same.
MAKING A BOOKING AND PAYMENT
Make your booking online at our website. If you need assistance with filling out our Reservation Form, we will assist you with this.
There are no hidden charges. The prices listed on our web site are the total prices, which include Jamaican Government taxes and fees applicable at the time of booking. We do not charge you a booking fee. We do not charge you a payment card fee or any bank charges (including foreign transaction fees levied by some banks) when you pay through our web site. We do not know or control how much your card provider or bank may charge you.
We will confirm your booking when you have filled out the Reservation Form and paid a non-refundable deposit (usually the sum of 20% of the cost of each night) or, if you are booking less than 31 days before your Arrival Date, you pay the full cost of the sum of all the nights booked.
If you have made part payment of the total cost of your booking, your balance is due by the latest 30 days before your arrival at the accommodation. Failure to pay your balance by the due date may result in the cancellation of your booking and your payments may not be refunded. We will email you a reminder if you have not paid in full by the due date.
We and the Accommodation Owner reserve the right to cancel your booking and return your payments in full in our absolute discretion.
IF YOU QUALIFY FOR A REFUND, THERE IS NO RISK THAT WE WILL NOT BE ABLE TO PAY YOU
Mysilversands follows best accounting practice and does not disburse your payments until you complete your stay with us. Therefore, there is no risk that you will not be refunded your payment if it should become necessary.
CANCELLATION POLICY
If you wish to cancel your booking completely or reduce the period booked by cancelling any of the nights booked, you must advise us in writing with as much notice as possible. We will do our very best to rebook the period you are cancelling to another customer.
If we rebook any of the nights that were reserved for you, we will refund your payment for the period re-rented less an Administrative Fee of US$100.
If any part of the rental period is not re-booked, you will not be refunded for that period.
There is no refund under any circumstances for any unused portion of booked accommodation.
We highly recommend that you obtain travel insurance, including trip cancellation insurance.
PROVIDING INFORMATION
You must ensure all information you give is correct and tell us if any of it changes. By providing other people’s personal data, you must be sure that they agree to share their data with us. All details provided by you will be used in accordance with our Privacy Notice.
If you are visiting us from abroad, you must comply with all passport, visa and other immigration and port of entry requirements. Your passport and travel documents must be in good condition.
You must pass on any important safety and travel information we give you to everyone on your booking.
If you are not self-reliant or have reduced mobility (such as finding it hard to walk 500 metres) you must tell us before you book.
PERSONS PERMITTED AT THE ACCOMMODATION
Your booking is for the number of persons that you stated on the Reservation Form and no more. Only you and members of your party are permitted to use the accommodation. No one else is allowed to stay there. No other persons are permitted to enter Silver Sands and the Accommodation except for the staff employed at the Accommodation and our staff or representatives (each a "Permitted Person") without our prior permission in writing.
You are especially advised not to invite any sellers, vendors, door-to-door sales people, fishermen, carvers, and others into the accommodation. If you allow persons who are not permitted into the accommodation, you do so at your own risk and you will be held responsible (and Mysilversands Limited excludes all liability) for any losses or damages which may result directly or indirectly from your failure to comply with this requirement and your booking may be cancelled immediately without any refund. In such an event, you will be required to leave the accommodation immediately and Mysilversands Limited will have no further obligations to you.
THE PRICE YOU PAY AND GUARANTEE
When you book your accommodation online, we will send your booking confirmation immediately to the Email Address that you entered in the Reservation Form. Mistakes can happen, so if any price on your booking confirmation, our website or our booking systems is obviously wrong, a booking made based on that price won’t be valid, we can cancel it and refund you unless you want to pay the correct price.
Rate changes made after you have booked will not affect the price you pay, i.e. the price at which you booked is guaranteed. Prior to your making a reservation, the rates are subject to change without notice. If any new Government Tax or Levy is imposed, we reserve the right to pass these costs on to you, and if you do not wish to pay same, we and you may cancel your booking for a full refund.
IF YOU WANT TO MAKE CHANGES TO YOUR RESERVATION
If you wish to make any changes to your booking, please give us notice in writing as soon as possible.
You may substitute persons who may have dropped out without any penalty or charge provided you have notified us. You may also increase or decrease the number of bedrooms booked according to the numbers permitted at that accommodation at the time you request the change.
If you wish to change booking dates, you are required to contact us. Extending your booking by arriving earlier or departing later may be permitted provided the accommodation you booked is available for the new dates. There is no administrative fee for making such a change. If you wish to reduce the length of your stay, the days canceled will be subject to our Cancellation Policy (see above).
IF WE NEED TO MAKE CHANGES TO YOUR RESERVATION
We may need to make changes to your booking or to cancel it, and we reserve the right to do so. We will tell you of any changes as soon as reasonably possible. Where we are unable to provide the Accommodation for reasons beyond our control, we shall offer you a full refund or alternative accommodation of a similar quality (if available). If the available alternative accommodation is of a lower price, we shall refund the difference to you. If we advise you of a change, you must let us know as soon as possible if you wish to accept the change or cancel the booking for a full refund. If you accept the change, we will revise your booking and send you a Revised Confirmation.
Examples of reasons beyond our control are: maintenance and/or safety hazards at the accommodation, war, threat of war, riots, civil disturbances, terrorist activity or its consequences, industrial disputes, natural or nuclear disasters, fire, health risks, actual or potential severe weather conditions, the imposition of sanctions or other governmental action and any other similar events.
WHAT IS AND IS NOT INCLUDED
Rates include all Jamaican taxes, staff salaries, cost of water and electricity. The accommodation is fully furnished and equipped with linens, bath towels, dishes, utensils, soaps and tissue paper. Rates do not include any insurance, flights, airport charges, car rental, transportation, airport transfers (except where one set of Airport Transfers to and from Montego Bay are included free with the accommodation), baggage handling, staff gratuities, telephone charges, food, beverages, liquor, personal items and expenses, or dry cleaning.
When Mysilversands provides Airport Transfers, we allow for two suitcases per passenger, and, while we are happy to to do so if we are able to, we are under no obligation to transfer any additional suitcases, windsurfers, surfboards, bicycles or other unconventional luggage unless we have confirmed otherwise in advance.
USE OF WATER SPORTS EQUIPMENT
Certain accommodations include access to water sports equipment at no extra charge. Guests who wish to use this equipment must first obtain permission and sign a liability waiver acknowledging the risks involved. By signing the waiver, guests agree to use the equipment at their own risk, and Mysilversands and the property owners accept no responsibility for any injury or damages that may occur.
Failure to obtain permission and sign the liability waiver before using the equipment will be considered a breach of this agreement and may result in the immediate termination of your stay without refund.
DURING YOUR STAY
Check-in and Check-out
Check-in and Check-out Times are stated in the Booking Information on our web site. Check-in and check-out times must be STRICTLY observed. We may allow minor variations to check-in or check-out times at no extra charge provided prior permission is granted in writing.
Any variation in check-in or check-out times must be agreed in writing or a penalty for not observing the check-in or check-out times will be applied. The penalty is US$100 for a variation of less than an hour and 1 night's rent for periods greater than 1 hour. The penalty will be deducted from the Refundable Security Deposit, where one is paid in advance, and/or any additional amount billed to you for prompt payment.
CHOOSE YOUR BEDROOMS BEFORE YOU ARRIVE
If you are booking less than the total number of bedrooms available at the accommodation, let us know which bedrooms you wish to occupy as soon as possible after you have made your reservation. The web site displays many photos of the bedrooms. You may also consult with our Reservations Staff if you have questions or need guidance.
REFUNDABLE SECURITY/DAMAGE DEPOSIT
If a Refundable Security/Damage Deposit is required, this will be stated on the web page for the accommodation, and we will send you an Invoice to pay online by card or internet banking or directly into our bank account before arrival at the villa. It will be refunded in full within 7 days of departure if there are no charges for losses or damages. If we do not receive your deposit before you arrive, you will not be permitted to check in and your reservation will be automatically cancelled and your payments will be forfeited.
BREAKAGES AND DAMAGES AND LOSSES
Save for fair wear and tear, you are responsible for the condition of the accommodation and its contents. We reserve the right to charge you for losses, damages and breakage caused by you and this will be deducted from your Security Deposit and any additional amount billed to you for prompt payment.
PETS/DOGS
Pets are not permitted unless you obtain prior permission in writing. Permission may be obtained for well-trained and well-behaved dogs which do not bark thereby disturbing neighbours, shed hairs, and create a nuisance. If you do bring any pets without prior permission, you may not be permitted entry to the Accommodation.
If you have received written Permission to bring any dogs to the accommodation, you agree to the following:
1. You will be totally responsible for the care of your dog.
2. The Villa Staff are not employed to provide any pet services. Some Villa Staff may be afraid of dogs, and you agree that you will keep your dogs away from them.
3. You are responsible for any damages caused by your dogs. Dogs are not permitted on any of the furniture. We reserve the right to assess any costs associated with damages caused by your pets, and such costs will be deducted from the Security/Damage Deposit; and if there is a balance it will be billed to you for prompt payment.
4. You are required to abide by all Community rules concerning pets.
5. Ppet owners are required to clean up after their pets. Dogs must be kept on a leash. You should exercise great care when taking your pets outside as there may be stray animals around, especially stray dogs, cats, and mongooses.
6. We reserve the right to terminate your booking if you break this agreement, and in such circumstances you will be required to vacate the accommodation and there will be no refund for any unused portion of your booking.
BUILDING WORKS
From time to time, building work and associated noise is unavoidable near to your accommodation. This is not under our control and we accept no responsibility for the same.
MAINTENANCE & REPAIRS
We will arrange any necessary repairs and maintenance work to be carried out as quickly as possible after notification to us to cause you minimum inconvenience.
UTILITIES
There may be interruptions or malfunction in the supply of public utilities to the Accommodation. We do not accept any responsibility in respect of the same and do not provide any compensation for such occurrences.
SATELLITE, CABLE TELEVISION AND WIFI
No refunds or compensation of any kind will be made for the failure of any satellite or cable television systems or wifi service provided in the Accommodation as the provision of these services are beyond our control.
LIFE IN THE TROPICS
Jamaica, like other countries in the tropics, experiences mostly warm weather with dry and rainy seasons. Please close all doors and windows of rooms that are air-conditioned. Small bugs and insects like mosquitoes may be present in spite of the pest control services undertaken at the accommodation and surroundings. If you leave out food, especially sweet items like cakes, don’t be surprised if ants suddenly appear. These are harmless, although they may be annoying and surprising if you have not encountered this before.
GUESTS’ BEHAVIOUR
Smoking and vaping are not permitted anywhere inside the accommodation.
You are responsible for the proper conduct of yourself and any members of your party during your stay. In cases of serious misconduct and/or disruptive behaviour, we reserve the right to terminate your booking or that of any member of your party. If we do so, we shall have no further responsibility or liability to you. Disruptive behaviour includes being threatening or abusive to any of our staff or the accommodation staff, damaging property, making excessive noise, playing loud music, upsetting, annoying or disturbing any guest, members of staff or agents or putting any of them in danger.
If you or any member of your party deliberately or negligently cause any loss or damage to any accommodation, property or person, you agree to compensate us for any loss suffered by us, including legal costs, arising from such damage.
LIABILITY
We are not responsible in any way whatsoever for any damage, loss or expense arising in connection with the provision of any service or the rental of the Accommodation or equipment including water sports equipment, or arising in connection with any airline, vessel or ground carrier, or for the action or omission of any travel agency or tour operator, or their agents. We are not responsible in any way whatsoever for any damage, loss, delay, harm or expense resulting from inclement weather, acts of terrorism, acts of God, labour unrest, monetary crisis, theft, quarantine restrictions, civil commotion, arrest or restraint by any government, the hazards of war, or any conditions outside of its control. If we have knowingly misrepresented the Accommodation, we will move you to suitable accommodation or cancel the booking for a full refund at your discretion. The limit of our liability to you is the full price you paid to us.
PLEASE NOTE:
The Accommodation is being offered to you for your quiet enjoyment.
Visitors are not allowed without prior permission in writing; and visitors will be required to provide their ID to us in order to obtain entry to the property.
Parties and Events are not allowed without prior permission in writing.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These terms of Our Agreement may be varied at any time by Mysilversands at its own discretion. The Terms that were in effect when you booked your accommodation remains applicable. If we wish to apply revised Terms and Conditions to your booking, you will be given the opportunity to accept them with a revised Confirmation or cancel for a full refund.
JURISDICTION
This Agreement is made under the laws of England and Wales and you submit to the exclusive jurisdiction of those courts. You can choose the law and jurisdiction of Scotland or Northern Ireland but only if you live there.
