Terms and Conditions
Acceptance of Terms & Conditions
By submitting a booking you confirm that you and each of your party accept the terms and conditions contained herein.
Making a Reservation
To book your accommodation, you will need to complete our Reservation Form and pay a deposit or, if you are booking within thirty days of the start of your booking period, the full amount. The person submitting the Reservation Form is called the Party Leader. He or she must have the authority to contract on behalf of all other persons utilizing the accommodation and other services booked. By submitting the Reservation Form, the Party Leader is stating that all persons utilizing our services have accepted these Terms and Conditions. The Party Leader will be responsible for the full cost of accommodation and other services contracted.
Refundable Security Deposit
A Refundable Security Deposit of US$400 is required. We will send you an Invoice to pay online by card or internet banking or deposit in a Jamaican 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.
Liability Waiver
The following Liability Waiver is required prior to use of the kayaks:
AN AGREEMENT made this ………………….day of ………………………….between (hereinafter referred to as the GUEST) of the ONE PART and Rum Jetty (hereinafter referred to as the OWNER) of the OTHER PART.
WHEREBY it is agreed that in consideration of the GUEST at his own request having full use of any of the Kayak(s) (including but not limited to the facilities and equipment thereon), the GUEST for himself and his heirs, agents, successors, invitees and assigns hereby releases and discharges the OWNER of the said equipment and their agents or other persons authorized by them, their successors in title and all persons claiming through or under them from all claims, losses, actions, proceedings, costs, charges, demands and expenses which he may suffer directly or indirectly at any time during the course of his use of the kayaks thereafter further the consequences however caused arising out of or from the use of said rental equipment, the GUEST, his heirs, agents, successors, invitees and assigns.
The GUEST hereby assures the OWNER and confirms that he only will use the kayak(s) and that he is properly equipped, able and knowledgeable about the kayak(s) and that he will use the kayak(s) entirely at his own risk, knowing full well that the OWNER does not operate a water sports school or facility or offer any supervision or instruction in the use of the kayak(s) and that he will not remove the kayak(s) from Rum Jetty/Silver Sands and that he will return the kayak(s) to the OWNER in the same condition as received, fair wear and tear expected.
…………………………………………………………………………………………..
Name of GUEST
…………………………………………………………………………………………..
Signed by GUEST
Confirmation
A Confirmation with all necessary details will be issued and sent to the Party Leader who is responsible for keeping other members of the party informed. Our responsibility is to provide the accommodation and other services that you have booked with us. Please check your 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.
What Is And Is Not Included
Rates include all Jamaican taxes, staff salaries, laundry, cost of water and electricity, cleaning and household supplies. The accommodation is fully furnished and equipped with linen, bath and beach towels, dishes, utensils, soaps and tissue paper. Rates do not include any insurance, flights, airport charges, car rental, transportation (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, dry cleaning, or baby-sitting.
Airport Transfers
When Mysilversands provides Airport Transfers, we allow for two suitcases per passenger, and we are under no obligation to transfer any additional suitcases, windsurfers, surfboards, bicycles or other unconventional luggage unless we have confirmed otherwise in advance.
Booking Lesser Bedrooms Than the Accommodation Contains
Some accommodations permit guests to book a lesser number of bedrooms than the property contains. Those not booked may be closed off and you are not permitted to enter those rooms without our prior consent. The rest of the unit is yours exclusively for the duration of your stay. No one else will share any part of the accommodation with you. The maximum number of persons allowed per bedroom is two. Additional persons may be allowed at certain accommodations. Under no circumstances will more persons be allowed to occupy the accommodation than the number stated on the Confirmation. An infant (i.e. a child who is less than two years old) may share a bedroom at no extra charge and this must be declared and agreed in advance.
Payments
A reservation may only be confirmed when the Reservation Form has been submitted, we have confirmed the reservation and the appropriate deposit has been received by us. The balance is due no less than 30 days prior to the start of the booking period. If the booking is made less than 30 days prior to the start of the booking period, the entire amount is due immediately. Note: We do not store card details.
VERY FLEXIBLE CANCELLATION AND REFUND POLICY
Mysilversands holds your payments in a separate account which is not touched until after you complete your booking. Therefore, there is no risk that you will not be refunded your payment if that should become necessary.
If the Government of Jamaica closes the country's borders to international visitors for the period of your booking, you will have the following two options:
1. Rescheduling for free for any available period within 18 months. The price of the accommodation will be the posted price for the new dates, whether they are more or less than the price of the original booking.
2. Cancel for a full refund.
If you wish to cancel for other reasons and we agree to release you of your obligations, we will refund your payment less an Admin Fee of one hundred US dollars.
There is no refund under any circumstances for any unused portion of booked accommodation or services. Cancellation of your booking may result in the forfeiture of your payments.
We highly recommend that you obtain travel insurance, including trip cancellation insurance.
Building Work and Nuisance
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 use reasonable endeavours to ensure that any necessary repairs and maintenance work are 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 utilities to 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.
Prices
The prices for accommodation are displayed on the Mysilversands website: if you enter your arrival and departure dates and number of bedrooms required (based on two persons per bedroom), you will be shown the exact price for your stay; if you do not enter this information, you will be shown a range of prices per night. All accommodation is priced by the night. At Silver Sands, a stay of seven nights or more in the same accommodation includes Free Airport Transfers between Montego Bay and Silver Sands for all members of your party travelling together.
Note: Free Airport Transfers are available for arrivals at Montego Bay, not from Kingston.
A stay of less than seven nights does not include Free Airport Transfers.
A stay of seven nights in more than one accommodation does not include Free Airport Transfers.
If your booking does not qualify you for Free Airport Transfers, we can arrange them for you.
Maximum Number of Persons Allowed
Note that the prices are based on a maximum of two persons sharing a bedroom. For example, a three bedroom rental will accommodate up to six persons. In some accommodation, an infant, i.e. a child who is less than two years old at the time of the occupation of the home, may share an adult's bedroom at no extra charge. Extra persons, i.e. more than the maximum allowed under these terms and conditions, are NOT permitted UNLESS prior permission is obtained in writing and reflected on your Printed Confirmation and the appropriate payment has been received by Mysilversands.
Persons Permitted at the Accommodation
In making this reservation, you are entitled to accommodation for the members of your party only and no other persons are permitted to enter the premises 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 invite any person other than a Permitted Person 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.
Weddings, Parties, and Other Events
Events (weddings, parties, etc), involving guests not staying at your booked accommodation are NOT permitted without prior written permission.
Pets
Pets are not permitted unless you obtain prior permission in writing. If you do bring your pets without prior permission, you may not be permitted entry to the Accommodation.
If the accommodation you have booked has given you written Permission to bring any pets to the accommodation, you agree to the following:
1. You will be totally responsible for the care of your pets and any damages caused by them. If a damage deposit is required, any costs associated with your pet will be deducted from the damage deposit and if there is a balance it will be billed to you for prompt payment.
2. The Villa Staff are not employed to provide any pet services.
3. You are required to abide by all rules concerning pets.
4. The Management requires pet owners 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 and cats.
5. 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.
Price Guarantee
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.
If You Want to Make Changes to Your Reservation
If after making your booking, you wish to make any changes, please give us as much notice 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. If you wish to change booking dates, you are required to contact us. Extending your booking by arriving earlier or departing later will be permitted provided the accommodation you booked is available for the new dates, and 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
After confirming your booking, it may become necessary 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 in the cost 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.
Correcting Inaccuracies
We reserve the right to amend any pricing or availability errors, after your reservation has been confirmed, however, if we do so we shall give you notice of these changes as soon as reasonably practical and thereafter you shall have 14 days from the date of the notice in which to cancel your reservation. If you cancel your reservation we shall send you a full refund of any sums you have paid to us in respect to your reservation, however we shall have no further liability to you howsoever arising in respect to the amendment. If you confirm acceptance of any change or we do not receive a cancellation notice from you within the time stated herein then you shall be bound by the changes as if they had been part of the original agreement between us.
Termination
You are responsible for the proper conduct of yourself and any members of your party during your stay. In cases of serious misconduct, 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. 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.
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.
Check-in and Check-out
Check-in time is 2:00 PM and check-out time is 10:00 AM. We may allow you to check in earlier or check out later at no extra charge subject to accommodation availability. If you need to check in before 9:00 AM or check out after 5:00 PM and it is possible for us to allow you to occupy the accommodation, there will be an incidental charge of US$50; if you need to check out after 8:00 PM, you will be charged for an additional night.
Transportation Services
We can arrange transportation services with local drivers, either to or from the airport or to other destinations. The local drivers we deal with are independent parties who are responsible for their own licenses, insurance and vehicles' roadworthiness. As such when making these arrangements on your behalf we are acting solely as your agent and you accept the transportation service at your own risk. You can place orders with us either prior to arrival or with our representatives during your stay, however, we cannot guarantee availability at all times and you are therefore recommended to make your bookings as early as possible. If we give any advice on journey times, this is done in good faith but we cannot guarantee that any journey will be completed in the specified time. You are required to pay the costs of the transportation to us in advance of your journey and in return you will be issued with a travel voucher, which is redeemable by giving this to your driver. In the event that you subsequently make any variations to your journey we reserve the right to alter the costs appropriately. You may cancel any order for transportation up until 24 hours before the pick up time to obtain a full refund; if you fail to do so then you will remain liable for the full cost. We reserve the right to terminate any transport services in the event of riot, civil unrest, war, extreme weather conditions or any other events that in our opinion are likely to be a threat to your safety, if we do this we will refund to you the cost of the service. Drivers reserve the right to refuse to transport passengers where to do so would exceed the vehicles capacity or if they deem them to be intoxicated or abusive and no refunds will be given in these cases. In the event that a driver fails to arrive we will use our reasonable endeavours to arrange a suitable alternative and if this is not possible we will refund you the cost of the transportation and this will be our total liability to you. Parents or guardians are responsible for ensuring that their children are appropriately strapped in and we accept no liability whatsoever resulting from any failures to do so. If requested at the time of booking we can arrange for child seats to be provided free of charge, however, we can not guarantee immediate availability at all times. If services are cancelled due to a lack of appropriate child restraints we will refund the transportation costs.
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 any 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 misrepresented the accommodation you have booked, 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.
Jurisdiction
These terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
