|Please read your rental agreement carefully before you begin your vacation.|
Any monies received by Blue Sky Luxury for occupancy of the property indicated the acceptance of the terms of our rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.
1. THE PARTIES
The "Client" shall mean the person making the booking and/or signing the Booking Form and/or making the rental deposit.
The "Company" shall mean Blue Sky Luxury
The "Owner" shall mean the Property Owner.
The "Guest" shall mean any person name on the booking and/or staying at the villa under the booking and/or obtaining the benefit of the villa and the services offered by the Owner under the booking, including minors and persons under a disability.
2. THE AGENT
Agreements for the use of the villa are made between the Client and the Owner. The Company acts as an Agent for the Owner in making arrangements for the rental of the villa and all and any services that might, from time to time, be agreed to be provided by the Owner. With regard to ancillary services, agreements shall be made between the Client and the provider of the said services upon such terms as shall be agreed between them.
The Client accepts on behalf of himself/herself and all Guests, to be bound by these Terms and Conditions.
3. THE AGREEMENT
The terms and conditions for the use of the villa shall be as contained in:
a. The Confirmation from the company accepting the booking;
b. The Bookings Form; and
c. These Bookings Terms & Conditions
together called ‘The Agreement”. The agreement shall become binding when the booking form is executed by the Client or when the Company and/or the Owner receives the rental deposit, hereinafter mentioned, whichever occurs first.
4. RENTER REQUIREMENTS
for legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest's invitees.
5. DEPOSITS AND PAYMENTS
Payment by the Client to the Company of a deposit equal to 25% of the total rental fee is required to confirm a booking and payment of the remaining 75% is required 60 days prior to the Client’s arrival. The Company reserves the right to request a deposit of 50% of the total rental fee before accepting any booking. For bookings in excess of 28 days special terms apply. Payment may be made by Wire transfer, International money order or Credit Card. Where a booking is requested 60 days or less before the Client’s arrival date, full payment must be made within 5 days of the booking being confirmed to secure the booking. If the booking is made within 5 days prior to arrival then full payment must be received before being granted access to the property. If full payment is not made 60 days or more prior to the arrival of the Client, the Company reserves the right to cancel the booking and the full balance may be forfeited. A rental deposit paid by a Client to the Company shall be held by the Company (subject to the terms hereof) on behalf of the Client until acceptance of the booking is sent to the Client and thereafter such sums shall be held (subject to the Company’s brokerage and other proper charges) on behalf of the Owner.
a. The Company requires sixty (60) days notice in writing prior to the arrival of tenants at the villa in order for us to refund deposit(s) paid. The final balance of rental is due sixty (60) days prior to the Guest's arrival at the villa and where cancellation is made within this period the entire rental is forfeited.
b. Should a booking, made under sixty (60) days prior to the client’s arrival, be cancelled, the entire amount paid by the client is forfeited.
We reserve the right to cancel the booking and the deposit is forfeited if the balance of rental is not paid sixty (60) days prior to client’s arrival date.
Please note Rates, length of stay, payment and cancellation policies vary for Christmas and New Year Bookings and Bookings in excess of 28-days. See Clause-7 Special Conditions and Summary of Payment Terms shown our website. Click Here>>
7. SPECIAL CONDITIONS
During the period 20th December to 10th January (or any other Specially Designated period) bookings may not be accepted by the Company on behalf of the Owner for periods of less than 14 days- unless otherwise expressly agreed. Payment by the Client to the Company of the deposit equal to 25% of the total rental fee is required to confirm such a booking and payment of the remaining 75% is required 60 days prior to the arrival of the Client. All payments for reservations during these periods are non-refundable.
8. SECURITY DEPOSITS
The Client is required to pay a Security Deposit 7-days prior to arrival at the property. The precise amount of the security deposit shall be stipulated in the Confirmation from the company accepting the booking. Any security deposit shall be held by the Company, as security for any loss or damage occasioned by the Client or its guests, and for miscellaneous charges that remain outstanding after departure; subject to it being established that there are no damages or outstanding charges the balance shall be refunded to the Client no later than 30 days after departure.
9. TIDINESS AND DAMAGE
1. The Client shall leave the villa and all the furniture, fixtures and effects in good order and condition (fair wear and tear excepted) and shall inform the Company or the Owner or the Owner’s staff promptly of any damage caused to the property or its contents during occupation by the Client. The Client undertakes to pay for all such damage and for any missing items.
2. All breakages or lost items should be reported to the Property Manager or Guest Relations Manager prior to departure where a cost of replacement (or an estimate) will be advised. Any amount due by the Guest will be deducted during reconciliation of the Security Deposit.
If for any reason other than acts of neglect or default on the part of the Owner, the client refuses, or is unable to use the property in accordance with the terms of the Arrangement, the full rental fee shall be retained by the Owner.
In the unlikely event that accommodation contracted for is not available, the Company will use their best endeavours to relocate the Client to similar or better accommodation (“the alternative accommodation”).
Where the Client accepts the alternative accommodation and the Booking Fee for the alternative accommodation is less than the original Booking Fee, the Client will receive a refund of the difference from the Company and/or the Owner. Where the Booking Fee is more than the original Booking Fee the difference will be due within thirty days of the offer of the alternative accommodation or the day preceding the Non-Refundable Period (as defined by the Refund clause below), whichever is later.
Where the Client declines to accept the alternative accommodation, the rental deposit and Booking Fees, if any, will be refunded but the Company and/or the Owner will not meet any costs or expenses the Client and/or Guest(s) may have incurred as a result of the cancellation or pay any compensation.
Where the Company and/or the Owner must wholly or partially cancel a Client’s rental reservation as a result of “force majeure”, that is any occurrence outside its control and which could not have been avoided with all due care, the Company and/or the Owner will make no refund, nor meet any costs or expenses the Client and/or the Guest(s) may incur as a result or pay any compensation.
The Company reserves the right, in its sole opinion and without reason to terminate any booking. In such a circumstance the Company will refund the rental deposit and any Booking Fees so paid but will not be liable to make alternative arrangements for other accommodation nor will it cover any costs, which the Client and/or the Guest(s) may incur or pay any compensation.
If the Client cancels any booking for accommodation made outside the Christmas-New Year period at least 46 days prior to the Client’s expected arrival, the Company will refund the deposit and Booking Fees (if any) to the Client.
If the Client cancels any booking for accommodation 45 days prior to the Client’s expected arrival in the case of bookings outside the Christmas-New Year Period, or at any time in the case of bookings within the Christmas-New Year Period (together, “the Non-Refundable Period”), the Company shall be entitled to seize or forfeit the deposits as well as any additional Booking Fees paid.
All refunds due to booking cancellations will be subject to a 10% processing fee to cover bank charges, administration and restocking fees. For all refunds, including those on account of security and telephone deposits, the cost of bank charges and currency exchange fluctuations will be borne by the Client.
There shall be no compensation or refund of the deposits and/or Booking Fees paid for any action taken by the Company and/or the Owner or their delegate under clauses 14 to 20 hereof.
12. UPON ARRIVAL
If there are concerns or issues with the property, please immediately contact the assigned property manager. No refunds or considerations are given unless we are notified of problems during your stay.
13. THE COMPANY'S RESPONSIBILITIES AND EXEMPTIONS
The Company does not accept any responsibility for the performance by the Client, the Owner or any third parties of their agreements or for any consequences due to their non-performance. The Company shall not be liable for any neglect, default or failure by the Company their servants, agents or representatives provided that they have acted in good faith, in the honest and reasonable belief that their acts are proper and their information is accurate and reliable.
The Company shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of the Company or the Owner’s control such as civil disturbances, fires, floods, utility outages, severe weather, acts of God, acts of Government and travel disruption.
14. USE OF VILLA
The Client can access the villa at 15:00 hours on the day the rental commences, unless otherwise specified. An early arrival may be arranged, pending other reservations and the housekeeping schedule. Please contact us prior to your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, we cannot guarantee your ability to check-in before your scheduled check in time should you arrive early.
a) The Client may not use the Villa for any purpose other than that of a private holiday residence for the accommodation of the Client and fellow guests unless otherwise agreed in writing by the Owner. Only those persons stipulated on the booking form may reside at the property as guests. Any changes to the guests in the party must be notified to the Company.
b) The Client shall not do or suffer to be done anything that may be or become a nuisance or annoyance to the Owner, or the occupiers of adjoining land or that might invalidate any insurance policies effected on the villa, and shall not bring any animals to the villa.
c) The Client shall not sub-let or assign his rental of the villa.
d) If staff is provided with the rental property, they are to work no more than 8 hours a day. Any additional hours must be requested and agreed upon by the Property Manager and the staff. If staff is required to stay later than 8:00 p.m., a taxi must be called to transport them to their home(s) at the Guests’ expense. Overtime charges will apply. Staff is also allowed one day off a week.
e) External staff or service providers that are not hired by the owner of the villa are not permitted onto the property without prior permission, and a written consent from the owner or property manager. All costs for these staff or services are the responsibility of the guest.
f) The Client agrees to seek permission to entertain guests in excess of the maximum occupancy* plus 50% of stated capacity. An additional fee may apply for numbers in excess of this. Failure to receive approval may result in an Event Charge being added to your bill, or you may be requested to vacate the property and forfeit your rental deposit and any balance of the Booking Fees.
g) The Client will take suitable steps to secure the property by the appropriate use of all locks and security devices –such as alarms. The Company accepts no liability for any loss or damage of any personal items or valuables. Where safes are provided clients are advised to secure their valuables accordingly.
h) The Client will be charged a minimum of USD $50 for each lost or damaged key, depending on the type of lock; and USD $100 for lost or damaged remotes.
i) The Client will exercise due care when in the villa and ensure the appropriate supervision of children or persons with special needs –especially in the vicinity of pools or hot tubs. The Company accepts no liability for injury or damage to the client or the client’s party.
j) The Client shall not use glass or ceramic ware around the pool. Should glass or ceramic break and fall into the pool there will be a charge of USD $1500 for emptying, cleaning and refilling the pool.
k) Unless previously agreed with the Company and/or the Owner the Client will vacate the villa by 12 noon on the final day of the rental period. Your prompt departure is appreciated so we can prepare the home for any incoming guests. Should the property manager be able to accommodate a late check out on the final day of the rental period, the following rates will apply:
i. Departure between 2:00pm and 5:00pm with no meals - ½ day’s rate;
ii. Departure after 5:00pm with or without meals – full day’s rate. (*stated in RATES on www.blueskyluxury.com )
All visitors are required to vacate the villa by 12 am. Only registered clients and/or guests, up to the maximum allowance, can stay beyond 12 am.
16. NUMBER OF GUESTS
Change in number of guests/conduct of guests: guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any and all damage, disturbance, and cleaning charges. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis - please contact Blue Sky Luxury for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the villa can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.
17. EVICTION OF CLIENT/GUEST
The Company and/or the Owner or their delegate may evict a client/guest or visitor without warning/notice should the following conditions warrant:
- Intoxication and unsavoury behaviour;
- Overcrowding – when the number of persons in the villa exceed the permitted number;
- Physical or verbal assault towards staff, residents or other clients/guests;
- Wilful or negligent damage to the villa;
- Any incident for which the police needs to be called onto the premises;
- Any behaviour posing a safety threat to others;
- Ignoring advice to reduce excessive noise (music or other noise);
- Bringing onto the property illegal substances, flammable fluids or other explosives, fireworks or articles deemed hazardous to life limb or property;
No refund will be granted in the case of eviction.
Smoking is not permitted within the property. If there is any tobacco smell in the villa after your departure, you will be charged a cleaning fee.
19. REFUSAL OF ENTRY
The Company and/or the Owner or their delegate reserves the right to refuse clients/guests who have engaged in conduct identified at clauses 16 and 17 hereof on a previous stay at any of Blue Sky Luxury's properties.
20. RIGHT OF ENTRY
In the event that the Company and/or the Owner or their delegate has a legitimate cause for concern; if any of the provisions herein are breached and/or if the client/guest has not been seen or able to be contacted over a reasonable period of time, the villa may be entered by the Company and/or the Owner or their delegate. Guest(s) further agree that Blue Sky Luxury or their delegate reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
The Client agrees that any monies or other valuables, goods or vehicles that are brought in or onto the villa remain their responsibility. The Company and/or Owner will not be responsible for their safekeeping. In addition, no responsibility is taken for any property left by a client/guest at the villa (please check all wardrobes, drawers and safes before vacating the villa). Always lock doors and windows when you leave the property! When you rent the property, you assume responsibility for it and its contents, as well as your personal property. Blue Sky Luxury does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times.
In the event that any dispute or difference shall arise between the client, and the Owner or the Company or any of them which are not resolved speedily and amicably between them, the matters in dispute shall be resolved by arbitrations in Barbados in accordance with Barbados law.
Blue Sky Luxury do not (and will never) send irrelevant or unsolicited messages and will not share your details with any commercial third party without your permission. We will send you updates of Barbados vacation news and events, offers and villa upgrades, as appropriate. Our team has the utmost respect for your privacy, so as your trusted holiday advisors we take your data protection extremely seriously. You can find out more online at: www.blueskyluxury.com/Privacy-Policy
Clients are strongly advised to obtain comprehensive travel insurance for all persons in the party in the event of medical emergencies (including evacuation and repatriation), cancellation, and losses to possessions/money, personal liability and other expenses.
25. INDEMNIFICATION & HOLD HARMLESS
While Blue Sky Luxury and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All guest(s) and their invitees use the vacation property structures and premises at their own risk. Blue Sky Luxury and its property owners shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and bbqs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. Blue Sky Luxury and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify Blue Sky Luxury and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.