Seashell Vacations Villa Rental Agreement and Cancellation Policy
We hope it will not be necessary for you to cancel, but should you need to do so, it is important that we are notified immediately and in writing. You may cancel your reservation up to 60 days prior to your arrival. In the event of cancellation of this booking and rental agreement any refund of deposit(s) will be only to the extent that the Villa is rebooked for the same time period at the same rate. We reserve the right to charge 20% of total rent for canceled
reservations. If you cancel within 60 days of your arrival you will not receive any refund. The security/damage deposit is not subject to cancellation charges and will be refunded in full. For peace of mind we recommend that you purchase trip cancellation insurance.
Bombalassy agrees to provide all utilities, local telephone service, kitchen equipment, dinnerware, linens, towels, and other amenities that provide the utmost in superior accommodations.
Guest agrees to conserve water and electric, leave the premises in the same condition as found; to use calling card(s) for all long distance calls, to return keys to the Agent or leave at Bombalassy on departure, and not to exceed the maximum people allowable by this agreement. The security/damage deposit will not be returned until the premises have been inspected following the Guest’s departure. If more than the above numbered people are found to occupy the premises, or excessive clean up is required, additional charges for water usage, linens, and maid service may be levied and charged to the Guest and deducted from the security/damage deposit. Such determination will be made at the sole discretion of the The Villa or Agent.
TERMS AND CONDITIONS
A security/damage deposit in the amount of Five Hundred Dollars ($500) is due upon Arrival. The Agent may deduct charges for damage to property, for utilities and cleaning as described below, for telephone usage, services, repairs and replacement, etc. from the security/damage deposit, with any unused portion refundable within 45 days of the end
of the rental term.
Bombalassy will provide water, electric, and local telephone. Trash containers are provided and Guest agrees to properly dispose of and use containers for all trash disposal. Removal of trash from the premises is the responsibility of the Guest during their stay. Guest agrees that neither the Agent nor Bombalassy is responsible for refunding any portion of the rent in the event of a short-term failure of a utility company to provide utilities to the dwelling unless that failure is a result of negligence on behalf of Bombalassy. The Guest agrees that, unless otherwise instructed, the Guest and his/her invitees will use a long distance telephone credit card when dialing outside the Virgin Islands, or for directory assistance calls. Any telephone charges to Bombalassy during the Guest’s occupancy will be deducted from the security/damage deposit or billed directly to the Guest.
The rental amount includes payment for normal cleaning at the end of the rental. If the condition of the premises requires extra cleaning beyond the norm, or the Guest request extra cleaning services, the Guest shall be responsible for the cost of such cleaning Guest agrees to only use the premises as a private vacation residence for the undersigned and
Guest agrees not to occupy the dwelling or premises with invitees or other persons in a number greater than as provided in the booking agreement for the rental period (** see booking agreement). Occupancy is defined as providing a place of overnight lodging for a single invitee.
Guest agrees that he/she and his/her invitees shall conduct themselves in a manner that will not disturb their neighbors’ peaceful enjoyment of their properties, and that any consequences of their failure to do so shall be Guest’s sole responsibility. Guest further agrees that he/she will not allow the premises to be used for any improper or illegal purposes.
Right to Cancel:
Guest’s deposit will be refunded in accordance with the booking agreement if notice of intent to cancel is received no less than 60 days prior to the beginning of rental term. All monies are forfeited on cancellations within 60 days of the rental term due to the difficulty of re-renting the premises on short notice.
Failure of Payment:
The Guest agrees to rent Bombalassy and shall pay the Rental Fee, the Deposit(s), and any other agreed charges, in cleared funds, on or before the dates specified in this Agreement. Should the Guest fail after having been given notice to pay any amount payable under this Agreement, the Agent shall be entitled to treat this Agreement as having been
repudiated by the Guest and to retain the full amount of all payments made by the Guest, subject to the terms of cancellation provided in this agreement.
Pets and Smoking:
Guests agrees not to bring or allow pets on or in the premises during the rental term without the express written consent of the Agent. Guest agrees that he/she shall neither smoke nor allow smoking inside the entire villa during the rental term.
Liability for Damage:
Guest is responsible for all damages to the property caused by Guest and/or his/her invitees. The Guest is responsible for ensuring that the property is left upon departure in the same condition and repair as upon arrival. The Agent will bill the Guest for any and all necessary replacement and repair costs within 45 days of the end of the rental term. Guest
agrees not to alter the property in a manner or remove any contents from the property without the written permission of the Agent.
Right to Repair:
Guest shall provide prompt, detailed telephone notice to the Agent of any damage or disrepair to or affecting the property. If such damage or disrepair is not the result of the action or inaction of Guest, and if such damage or disrepair does not materially interfere with the use of the premise Agent/management shall have the option to replace or repair the same without a reduction in Guest’s rent.
Access to Property:
Upon notice to Guest, the Agent, or Bombalassy’s staff may enter the property for necessary maintenance, repairs, or other reasonable purposes. Guest agrees if Guest abandons or vacates the premises Agent may, at its option, terminate the agreement and repose the property.
Assignment or Sublease:
Guest may not assign this agreement, sublease, or rent any portion of the property without prior written consent of the Agent and Bombalassy.
Release and Waiver of Liability:
The undersigned Guest hereby releases, discharges and holds harmless the Agent, Bombalassy, its owner, principals, partners, agents, and employees from and against any and all claims, liability, and/or causes of action for personal or property damage on behalf of the undersigned, the undersigned’s spouse, heirs, or invitees occasioned by, arising out of, or incidental to the undersigned’s rental whether or not resulting from or caused by negligence, of, and/or on the part of the Agent, Bombalassy, its owner, principals, partners, agents, or employees. It is further understood that the remoteness of the dwelling, the topography of the dwelling site, prevailing weather, and environmental conditions may increase risk of personal injury and/or loss of or potential damage to property of the Guest and/or their invitees. The undersigned has read and voluntarily signed and acknowledged this release and waiver of liability and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
Bombalassy and/or Agent shall not be held responsible for any injury suffered by the Guests, or any member of his party, either the said party’s person or property, during the term of this agreement regardless of whether any such injury may occur at Bombalassy or elsewhere. More specifically, without limiting the foregoing, Bombalassy and his insurance underwriters accept no responsibility for accidents, injuries or death due to swimming or the use of the pool.
Throughout this Agreement, the terms “Bombalassy”, “Agent”, or “Guest” and corresponding pronouns shall be construed to apply whether Bombalassy, Agent, or Guest is male, female, or corporate, singular or plural, as the case may be.
The parties acknowledge that this contract may be transmitted between them electronically, and the parties intend that a faxed/e-mailed contract containing either the original and/or copies of the party’s signatures shall constitute a binding contract.
Should Agent and Guests be unable to reconcile any differences that may arise with respect to the rental or this Agreement, such dispute shall be referred to three arbitrators, one to be chosen by Agent, one by the Guests, and the third by the two arbitrators so chosen. The arbitrators shall conduct the arbitration in accordance with the rules of the American Arbitration Association. The decision in writing signed by any two of said arbitrators shall be final and binding upon both the Agent and the Guest, the expense in connection with such arbitration to be equally divided between them.