VILLA RENTAL AGREEMENT

1. Party Members

All persons listed on the Reservation Invoice as part of the Rental Agreement (Agreement) or as added subsequently by The Renter will be bound by the terms of this Agreement. Occupancy of the property is restricted to those names listed on the Reservation Invoice as part of the Agreement, or persons added subsequently by The Renter. The Rental Applicant is considered the Lead Renter and will assume full responsibility for all members of the Rental Group throughout the rental period. Information or instructions relating to this rental Agreement will be communicated to the Rental Applicant below:

2. CHECK-IN TIME IS AFTER 3 P.M. EST AND CHECK-OUT IS 11 A.M. EST. NO Early Check-in or late check-out.

3. Pets are not permitted in rental units under any circumstances, unless a Registered Guide Dog has been previously indicated.

4. DAMAGE/RESERVATION DEPOSIT – A damage deposit may be required. All breakage and damages must be paid for at the time of incident. NO EXCEPTIONS. No charges will be incurred if:

a) No damage is done to the Villa or its contents beyond normal wear and tear,
b) All charges accrued during the rental period are paid in full and prior to departure, c) No linens are lost or damaged, AND

d) No early check-ins or late check-outs occur unless pre-approved. 5. PAYMENTS:

We accept VISA, MasterCard, American Express, or Discover. Full payment is due if your check-in date is within 30 days of reservation

during the summer season. If your check-in date is within 60 days of reservation during the winter season, payment in full is required at time of booking. If the Renter does not have access to email or fax, the Agreement may be sent via U.S. Mail. However, payment timelines and requirements must be met as set forth herein. Receipt of payment before receipt of the signed, returned Agreement constitutes a contractually binding arrangement as set forth herein and in the Reservation Invoice. Occupancy is based on Two Persons Per Bedroom; additional guest rates will apply. Lead
Renter is responsible for specifying all persons in their group either by phone or by email prior to arrival. A damage deposit may be required in advance.

6. FIRST PAYMENT – Upon acceptance of this Agreement, an initial payment equal to 20% of total rent is required for reservation in addition to any Property Damage Protection insurance, if purchased. Balance of rent is due upon arrival during checkin during summer season, and 60 days prior to check-in during winter season. Initial payments do not apply to rental bookings arriving within 30 or 60 days as stated above in “PAYMENTS.”

7. CANCELLATION POLICY –
 
In the event of cancellation, deposit refunds are as follows:
• 75% refund of deposit, if cancelled 120 days prior to the guest Check-in Date 
• 40% refund of deposit, if cancelled 90 days prior to the guest Check-in Date
• There is no refund less than 90 days prior to the guest Check-in Date

*Additional banking fees may be charged for cancellations that are more than 120 Days prior to Check-in Date, depending on the method of payment
 
REFUND POLICY

If a guest must cancel less than 90 days prior to the guest Check-in Date, and if requested by the guest, Villa Serenity will endeavor to re-rent the property for the dates the guest originally reserved. The amount if recouped by Villa Serenity will be given in payment to the original guest, less payment method fees. It is up to the sole discretion of Villa Serenity to advertise last minute pricing strategy in order to re-rent the property. It is not guaranteed by Villa Serenity that the property will be re-rented.

Refunds are subject to Villa Serenity’s ability to re-rent the accommodation. There will be no refund if Villa Serenity is unable to re-rent the accommodation.

It is strongly recommended that the guest buys travel insurance to cover the cost of your rental in case of a cancellation.

Early departures do not warrant any refunds of rent or deposits.

8. MAXIMUM OCCUPANCY – The number of persons occupying the property must not exceed the number stated in the Reservation Invoice, nor can it ever exceed the stated capacity of the Villa unless specifically stated in the Reservation Invoice. The maximum number of guests is limited to fifteen (15) persons. Regardless of capacity, the number of guests occupying the Villa is strictly limited to those named within the Reservation Invoice, or any subsequent amendments notified to The Owner in writing. Actual occupancy includes all persons irrespective of age, and regardless of day visitors or overnight visitors.

Any such last-minute guests will incur an additional $60/per night, per person charge payable to the Villa Manger directly, and upon their arrival. This fee is incurred except where infants/small children under 3- years-old sleep in a crib or otherwise separately from the Villa beds.

9. Other Visitor Policies –In addition to the above, any Day Visitors numbering more than 2 persons will incur charges of $25 per extra Day Visitor payable directly to the Villa Manager unless prearranged with and approved by Owner. Furthermore, you agree to notify the onsite Villa manager of all visitor names before or upon their arrival. This added security measure is for the safety and comfort of everyone in the Villa.

10. Condition of the Property – The property will have been inspected prior to occupancy, and therefore the Renter undertakes to:

– Notify the Owner/ manager immediately with regard to any damage and/or maintenance issues that require attention.

– Keep the Property and all furniture, fixtures, fittings, chattels and effects in or about the Property in the same state of repair and condition as found at the commencement of the Rental Period.

11. Equipment and Facilities

Non-essential equipment and facilities are provided at the discretion of The Owner. Owner takes no responsibility should any non-essential provisions breakdown or become unusable. Such equipment includes, but is not limited to: VCRs, DVDs, and Jacuzzi.

The Renter must promptly report any inoperable equipment or facilities to the onsite manager. We will make every reasonable effort to have repairs made; however, there are very limited service contractors available in Ocho Rios. Therefore:

While every attempt will be made to ensure that all advertised equipment and appliances are in working order at the commencement of rental, no reduction of rent, rebate, or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV or other appliances.

Mechanical failure of essential property facilities such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, must be reported promptly to the onsite manager. We will make every effort to immediately repair or replace such facilities. If repairs/replacements are not possible, we will give Renter an appropriate refund for any inconvenience. This does not apply to system failures caused by misuse, such as plumbing blockages due to improper disposal of sanitary products or other abuse.

The Owner is not liable, nor will provide any refund for a stoppage of electrical services caused by extreme weather or other circumstances beyond Owner’s control. Similarly, there will be no refunds for inclement weather, changes in water levels, conditions at neighboring properties, or any nuisance caused by the natural elements of the location.

12. DAILY MAID SERVICE – Daily housekeeping services include those provided by the Villa Cook and Manager, Groundskeeper, Pool

Attendant, and Butler. Linens and bath towels are provided based upon normal occupancy standards. Additional linen/towel requirements can be arranged prior to check-in.

13. RATE CHANGES – All rates are based in U.S. dollars (USD) and are subject to change without notice. Receipt of your deposit confirms your rate.

THIS PROPERTY REQUIRES A THREE (3) NIGHT MINIMUM STAY.
14. Longer minimum stays may be required during holiday periods. If a rental is taken for less than three days, Guest will be charged the three- night rate, except where indicated otherwise in this Agreement.

15. FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.

16. WRITTEN EXCEPTIONS – Any exceptions to the policies listed herein must be approved in writing, and in advance.

17. COMMUNICATIONS PROVIDED – The Villa provides 2 cell phones that each carry up to 100 JA dollars in credit. Guests can purchase additional calling cards for further use from Villa manager. A house phone is available for emergencies only.

18. GRATUITIES – Rental rates and Arrival/Departure transportations do not include staff or service provider gratuities.

19. HURRICANE OR STORM POLICY – No refunds are given for inclement weather, storms, or hurricanes UNLESS:
— A mandatory evacuation is ordered in the property area after arrival, OR — Cancelled flights into Jamaica due to hurricane/storm warnings result in Lead Renter’s delayed arrival, OR

— Lead Renter elects to delay and/or shorten stay by arriving after the hurricane warning is lifted, OR

— Lead Renter elects to cancel their stay scheduled for arrival during the hurricane warning period.

In these events, we will: a) refund the unused portion of rental payments for guests already checked-in, OR b) issue either a credit or a partial refund for Renters who experience delayed arrivals, OR c) issue a full refund for Lead Renter electing to cancel their stay when scheduled arrival is during the hurricane warning period.

20. EXCLUSIONS – Specifically excluded from rental price are costs for all phone calls, costs for all childcare, and costs for all foods and beverages, including those amenities initially provided as complimentary.

21. Quiet Enjoyment and Parties. Ocean View Villa wishes to maintain a family atmosphere for the quiet enjoyment of guests. We rent to family groups and responsible adults only. Absolutely NO house parties or functions such as weddings are allowed without advance written permission from Ocean View Villa. Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents of the neighborhood.

22. Limitations of Liability

THE VILLAS, TRANSPORTATION CARRIERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OCEAN VIEW. OCEAN VIEW VILLA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY LOSS, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSSES OR EXPENSES RESULTING THEREFROM.

Thank you for your cooperation, Cavel Capalbo 05/24/17