Terms And Conditions

Terms and Conditions

Accessing, browsing or otherwise using the website Visit Jamaica Villas, the portal or app (if applicable) (“collectively called our Platform”) or the services of My Villa Life Limited, indicates your express and irrevocable agreement to all the terms and conditions hereinafter appearing or as may be adjusted from time to time in the sole discretion of Visit Jamaica Villa,  a company  registered in Jamaica with offices at                                                          St. Andrew, Jamaica (also “we,” “us,” “our” or “the Company”). Please read carefully before placing your reservation. These terms and conditions may be modified from time to time, and the modification shall be deemed effective from the date first posted on the Platform. It is your responsibility to review these Terms and Conditions periodically. Your continued use of the Platform after the date of posting the modification of the Terms and Conditions shall constitute your agreement and a valid modification thereof.

Making a Reservation

When you make a Reservation, you will be asked to confirm that you have read and agreed to these Terms and Conditions. Once your reservation is accepted, these Terms and Conditions and your reservation form will together form a legally binding contract between you and us. A contract will be made when we accept a reservation and acceptance will be by way of emailed confirmation of acceptance. When you make a Reservation, you are agreeing to pay all charges for your booking including but not limited to the Accommodation price, applicable fees, taxes, our service charges and any other items identified during checkout (collectively, “Total Rental Price”). You are also agreeing that Visit Jamaica Villas may charge and collect any security deposit identified during checkout through its payment portal. When you receive the booking confirmation, a contract for Reservation is formed directly between you and the Accommodation Provider. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Accommodation Provider.

A Reservation is a limited license to enter, occupy, and use the Accommodation. The Accommodation Provider retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Accommodation Provider, and (iii) consistent with applicable law. If you stay past checkout, the Accommodation Provider has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed guests.

You must be at least 18 years of age in reservation to enter into a contract with us (to reservation online).

If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Accommodation.

Cancellations, Travel Issues, and Refunds. Where a Customer cancels a Reservation, the amount refunded is determined by the cancellation policy applies to that particular Reservation.

Amending a Booking. You and the Accommodation Provider are responsible for any changes they agree to make to a Reservation via the Platform (“Change Booking“), and agree to pay any additional amounts, fees, or taxes associated with any Change Booking.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to an Accommodation, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform including your stay at any Accommodation. This includes the duty for you to investigate an Accommodation to determine whether it is suitable for you.

Liability. We provide no representation, warranty or undertaking as to the Accommodation, their fitness for any purpose, or their suitability for you. We (including our affiliates, employees, agents, assigns) nor any other party involved in creating, producing, or delivering the Visit Jamaica Villas Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platform, or (iv) publishing or booking a Reservation,, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to the Accommodation Provider under these Terms, in no event will our aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Customers, or your use of or inability to use the Platform or any Content, exceed: (A) to Customers, the amount you paid as a guest under a Reservation during the 6-month period prior to the event giving rise to the liability, (B) to Accommodation Provider, the amount paid to you as Accommodation Provider under the Reservation event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). Refunds will be by the same method of payment made by you when paying for the original reservation.

These limitations of liability and damages are fundamental elements of the agreement between you and us.

Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us (including our employees, agents and assigns, and our other affiliates, and their personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, howsoever arising out of or in any way connected with: (i) your breach of these Terms or our policies (ii) your improper use of the Platform, (iii) your interaction with any Customer, or stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

Intellectual Property

We are and will remain at all times the sole owners of the Intellectual Property, i.e. the copyright and neighbouring and related rights, moral rights, trademarks, trade names, service marks and domain names, rights in get-up, goodwill and the rights to sue for passing off or unfair competition, design rights, database rights, Confidential Information (including know-how and trade secrets and the rights to use and protect confidential information), software, technology, right to use and all other intellectual property rights, in each case whether registered or unregistered and including all applications, registrations granted pursuant to any of the applications and rights to apply for and be granted, renewals or extensions of and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world used in relation to the Platform. The Accommodation Provider is the sole owner of the IP Content on the Platform in relation to the Accommodation, i.e. any trademarks, rights in domain names, copyrights, rights in design, photographs and literature, and all other intellectual property of a similar or corresponding character related to the relevant Accommodation. 

 Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, poor weather or any other cause, improper installation of the device, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Confidentiality

We treat as confidential all information obtained from you in placing a Reservation. We will not disclose any of that information to any third party, except to such persons and to such extent as may be necessary for the proper performance of the contract or compliance with any other legal obligation. We will not use any of that information, without your prior consent, otherwise than for the purposes of fulfilling the Reservation and payment.

Notices

Any notice to be delivered under these Terms and Conditions shall be by hand, or sent by pre-paid first class post or by facsimile transmission or electronic mail. It will be treated as given on the day when the party concerned delivers it by hand, posts it, or sends it by fax to the correct fax number of the other party or by email to the correct email address of the other party.

Severability

In case any provision of, or obligation under these Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby and the parties hereto shall agree suitable measures to achieve the intent of the severed provisions by legal means.

Lawful Uses

By reserving an Accommodation, you agree that you, and the other guests you are booking for, a well as any invitees you may have, will not use it for any unlawful purpose or in contravention of any applicable law or statute.

Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Governing Law

These Terms are governed by Jamaican law. This means any dispute or claim howsoever arising out of or in connection with the Platform will be governed by Jamaican law. We both agree that the courts of Jamaica shall have final and exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Reservation or its subject matter or formation (including non-contractual disputes or claims).