TERMS AND CONDITIONS
Updated: March 1, 2022
These general terms and conditions of sale (“Ts & Cs”) apply to any booking and/or purchase made by a Guest (as defined below) on the website available at: www.villaembrace.com
Please note that booking a villa is very different from booking a regular hotel room, especially concerning payments and cancellations. It is of the utmost importance that you as the person responsible for the booking (and responsible for your guest’s behavior) read the following terms and conditions in full before booking Villa Embrace.
THE PARTIES ACKNOWLEDGE AND AGREE THAT:
This agreement is for short term This agreement is for short term accommodation for vacation or holiday purposes. The Owner and Villa Embrace reserve the right to revoke or refuse to honour any vacation accommodation booking, at any time before the guest arrival or during the vacation rental period for reasons which they determine, in their sole and unfettered opinion, make the villa unsuitable for rent. Refunds and relocations to another villa are more fully described in the Seasonal Rental Agreement. All confirmed bookings will only become effective after the Seasonal Rental Agreement has been signed and the initial deposit made by the guest and received by the company pursuant to the Seasonal Rental Agreement.
1. PROPERTY USE & OCCUPANCY LIMITS
1.1 The property is let to you for vacation letting purposes only for the period stated in the letter of confirmation. No functions, parties, weddings, group gatherings, photoshoots, commercial activities of any kind are permissible without the prior written consent of the owner.
1.2 The primary guests name must be used to make a booking. The name that the booking is made under (THE BOOKER) must stay at the property and they are held responsible for actions for the group and are accountable for each and every individual staying at the property. It is their responsibility to ensure that all occupants understand and agree to these terms and conditions. Neither the whole nor any part of the property shall be sublet without permission. THE BOOKER will also be fully responsible to pay for all charges during the vacation period as well as for any damage to the villa or items removed from the villa.
1.3 You agree to supply us with names of each guest, the number of all adults and children staying / visiting including the ages of all children. Please note: Guests aged between 12 months and 17 years are classified as children. Under 12 months are classified as infants.
1.4 During your occupancy, the number of guests staying shall not exceed that number given by you at the time of booking. There are no exceptions. This is an occupational, health and safety issue relating to fire safety, sanitation, and hygiene. Exceeding this number may invalidate any insurance policy on the Property. If consent for extra people is not given by the owner – immediate eviction will follow with no refund given or at our discretion.
1.5 Health and Safety Regulations and other key Policies of Villa Embrace must be followed without exception, including but not limited to:
- No Pets are permitted on or about the premises.
- Smoking is prohibited in the villa.
- Throwing cigarettes or cigar or other flammable material into the garden is also prohibited.
The breach of any subclause in this Paragraph 1 will result in the immediate eviction of the BOOKER and his/her guests with no refund being provided
2. BOOKING ALTERATIONS
In the case of a request to change of booking date:
2.1 We will always do our best to accommodate a request for a booking change. However, we cannot guarantee that we will be able to do so. In the event we are in a position to move a booking due to availability, there can be no assurance that the rates will be the same.
3. PAYMENT POLICY
3.1 A 30% deposit is required to secure a booking. The final balance for accommodation and all services is due 120 days before arrival for bookings over the Christmas / New Year’s season, and 60 days before arrival for the rest of the year.
3.2 Full payment is due at the time of booking if the booking is made closer than 120 days prior to arrival for bookings over the Christmas / New Year’s season and 60 days prior to your arrival for the rest of the year.
3.3 All other charges for activities, consumption, damage or missing items from the villa will be automatically charged to the card used on the credit card authorization provided at during the initial booking.
4. GENERAL CANCELLATION POLICY
Cancellation charges will apply as follows:
4.1 Confirmed Bookings will apply only once the rental contract has been signed and any Deposits, Gross rent or other payments have been received on AGENCY’s bank account or
due to the AGENCY by the Client.
For bookings during the Christmas and/or New Year holidays:
If the Client cancels (91) days or more prior to arrival: The AGENCY shall receive cancellation charges equal to thirty per cent (30%) of the gross rent.
If the client cancels between ninety (90) and sixty-one (61) days prior to arrival: The AGENCY shall receive cancellation charges equal to fifty per cent (50%) of the Gross rent.
If the Client cancels sixty (60) days or less prior to arrival: The AGENCY shall receive cancellation charges equal to one hundred per cent (100%) of the Gross rent.
For bookings not including Christmas and/or New Year holidays
If the Client cancels sixty-one (61) days or more prior to arrival: The AGENCY shall receive cancellation charges equal to thirty per cent (30%) of the gross rent.
If the client cancels between sixty (60) and thirty-one (31) days prior to arrival: The AGENCY shall receive cancellation charges equal to fifty per cent (50%) of the Gross rent.
If the Client cancels thirty (30) days or less prior to arrival: The AGENCY shall receive cancellation charges equal to one hundred per cent (100%) of the Gross rent.
4.2 Subject to the OWNER’s agreement, a Client may request to change dates of booking. The Deposit which will have already been paid may l be deferred to a future letting, provided that such letting relates to the same Property and subject to availability and without any guarantee of the initial pricing conditions, which may vary depending on the season and the demand for the Property.
5. CHECK-IN & CHECK OUT
NOTE: These times may be adjusted if agreed by Villa Embrace
5.1 Check-in is no earlier than 3:00 pm on the date of arrival (unless otherwise arranged). Please telephone the manager an hour before you arrive and an hour before you depart so that they can lock and unlock the house and turn the alarm off.
5.2 Check-out is no later than 12:00 pm on the day of departure (unless otherwise arranged).
5.3 A strict departure time of 12:00 pm applies as the new Guests could be arriving at 3:00 pm. Both early check-in and late checkout may result in a fee.
6. GUEST NUMBERS
6.1 No more than 12 people are permitted to stay in the villa at any one time unless otherwise agreed in writing; this is strictly enforced. Guests are not allowed to host parties for anyone other than the BOOKER or other named guests of the villa.
7.1 The premise is a smoke-free villa. There is strictly No Smoking inside the house at Villa Embrace. Please dispose of cigarette butts responsibly (not in flower pots or over the balcony). Any cigarette butts collected will be subject to the excess cleaning policy above (refer to Point 10 below). If there is any smoking evidence inside the rooms, we have a strictly enforced charge to clean carpets and repaint the walls and ceiling, clean or replace curtains and clean air conditioners and air exchangers. Alternatively, the owner retains the right to terminate the lease for the booking period, remove the guests and retain any amounts still on account without refund. No exceptions. It is the guest’s responsibility to understand this prior to making a booking.
8.1 On departure, furniture must be left in the same location and condition in which it was found. Failure to leave the furniture in the correct place or damage to the furniture will result in a furniture replacement charge. Furniture that is damaged or broken through will be repaired or replaced at the BOOKER’s cost plus an administration charge.
9.1 White towels are to be used inside only. Blue beach and pool towels are provided for outdoor use. White towels are easily stained; we realise some dirt will occur with use. However please note that excessive and obvious use outdoors will result in a replacement fee.
10. EXCESS CLEANING
10.1 The villa has three full-time housekeepers to ensure your stay is clean and tidy at all times. Normal use of the villa is expected and appropriate. However, should there be excessive mess beyond normal use such as intentionally destroying property or having champagne fights indoors or outdoors, and additional service charge will apply.
11.1 There is an understanding that on occasion, dishes get dropped, glasses broken, and spills happen. However, please take care to avoid irreplaceable items from getting smashed from blatant misuse or by unsupervised children.
11.2 Please shut and secure all doors and windows whenever you leave the Property. Weather conditions in the tropics can be prone to change, with storms quickly developing, which can cause considerable damage to a Property. Damage, breakages, theft/loss and security, is your responsibility during your stay. You must lock all doors and windows when you leave the Property, and it must be secured at night. You must notify Management immediately of any damages, breakages or theft. Management may deduct from your security deposit the amount required to repair or replace any items. You will be responsible for any expense or damage caused at the property as a result of your failure to shut and secure all doors and windows when leaving and vacating the property throughout your stay.
11.3 If required, the Guest gives Villa Embrace authority to recover the additional costs from the bond held. If insufficient funds are available in the bond amount, the Guest agrees to accept responsibility for outstanding payments and hereby authorizes the agent to deduct such amounts from the credit card held or will deposit required funds into Villa Embrace accounts on request.
11.4 While everyone loves the weather in St. Barths, we have installed an air conditioning and air replacement equipment. We ask that if you are going to leave the doors and windows open to the outside environment, you please turn off the air conditioning. The difference in temperature and humidity can cause significant condensation in the villa. This change in environment, will cause condensation and water dripping from all air conditioning vents, which will in turn, destroy the ceilings and woodwork. Any damage caused by this misuse of the villa systems will result in a charge to repair the damage.
12. ART & OBJECTS
12.1 We have installed rare pieces of art that are not replaceable for your enjoyment. Smashed or broken artwork and objects will result in a replacement or repair at the average of the last two auction prices for the artwork. Breakages and losses to the property are to be reported to the owner and paid for immediately by the BOOKER. Any items that go missing during a guest stay will be dealt with in the same manner as broken or lost items.
13.1 Children are your responsibility. Any damage caused by children will be treated as if it were by an adult.
14.1 Pets are not allowed. This is a safety and liability issue. If pets are found on the premises, the booking will be terminated, and the guests will be asked to vacate with no refund made. Any pest control required as a result of a pet inside and/or on the premises will be charged to the guest.
15. TERRACE SAFETY
15.1 Villa Embrace does not have glass or balustrades on all terraces and decks.While this is visually stunning, it can pose a fall risk and a danger for all children and intoxicated individuals. In addition, anyone standing on something or forcing themselves or others over the glass wall or barriers agree that by booking Villa Embrace , the BOOKER and its party accept all liability for anyone who falls off the balconies through their actions.
16. POOL SAFETY
16.1 Swimming is at the guest’s own risk. Children below 12 years must be accompanied by an adult at all times. There is strictly no diving and no glass near the pool. Should maintenance need to enter the property, we will endeavour to give you as much notice as possible. The swimming pool incorporates an alarm to protect guest safety. As a party to this agreement, the guest agrees to be responsible for anything that arises from the pool alarm being turned off.
17 SECURITY ALARM AND VIDEO SURVEILLANCE
17.1 For your safety, Villa Embrace is equipped with both an intrusion alarm and video surveillance. The BOOKER acknowledges and agrees that these security systems will remain active. Should the BOOKER or his guests decide to leave the intrusion alarm unarmed and cover any surveillance they will be responsible and indemnify the owner against all risks that result from their actions.
17.1 Pre-authorisation will automatically be charged to your card one day before you check-in and released two days after check-out. This is not a charge, but a hold of funds, similar to a car rental or hotel check-in. This pre-authorisation is used instead of a security deposit. This pre-authorisation will be released (less any charges for damages or excess cleaning) 48 hours after departure. This is the standard operating procedure for any hotel.