Privacy Policy
Heart of the Caribbean Ltd. only collects the necessary personal information as needed for a given transaction. Such information is confidential and Heart of the Caribbean Ltd. will not share its client list or any other Client information with any third party marketers or other clients.
Reservation Agreement
The terms and conditions of this Reservation Agreement are applicable to the Client's reservation with Heart of the Caribbean, Ltd. ( HOTC) and to the rental and use of the property (Villa) specified in the Confirmation of Reservation letter ( Confirmation). This Reservation Agreement and the Confirmation are referred to collectively as the Agreement. No amendments to or deletions of this Agreement shall be valid unless accepted and confirmed in writing by HOTC.
PARTIES: The terms, Client, I, Me and My refers to the person who makes the reservation with HOTC for a Villa rental. The term Owner refers to the property owner, hotel and/or villa management company managing the Villa listed in the Agreement.
RESERVATION TERMS AND CONDITIONS: When I make my reservation, I will receive a Confirmation from HOTC that lists the details of my reservation. By sending in payment in response to the Confirmation, I accept the terms, conditions, limitations and restrictions of the Agreement. If I have any questions or concerns with any of the terms and conditions of this Agreement, I will contact HOTC for discussion and explanation before I send payment to HOTC.
PAYMENT AND CANCELLATION POLICY : In order to reserve the Villa, I agree to pay HOTC a Reservation Deposit as referenced in the Confirmation within seven (7) days of my receipt of the Confirmation from HOTC. The balance due of the total rental fee (including government hotel tax, service charges and damage deposit) will be paid in full at least ninety (90) days prior to my arrival at the Villa. If I book my reservation less than ninety days prior to my arrival at the Villa, I will pay the full amount of the rental fee within seven (7) days of my receipt of the Confirmation from HOTC. Failure to make payments on time may result in cancellation of the reservation by HOTC. I accept that cancellation of my reservation after payment is received is subject to the cancellation policy referenced in the Confirmation. Changes to my reservation, such as a reduction in the number of rental days or persons after payment is received is subject to the cancellation policy. No shows, late arrivals, early departures and a reduction in number of persons in my group after arrival are non-refundable. I accept that I will have no rights to compensation from HOTC or the Owner of the Villa if I abandon the Villa without prior permission from HOTC and/or the Owner. In the event that the Owner is unable to provide the specific Villa referenced in the Confirmation, the Owner will in good faith try to offer me an alternative accommodation. If such alternative accommodation is not available or acceptable to me, I will receive a full refund of all monies paid for the Villa and HOTC will be free of all further obligations. HOTC is not responsible for any cancellation charges from any third party vendors including but not limited to airline tickets, car rentals, and travel insurance.
SECURITY DEPOSIT: I may be required to provide HOTC or the Owner with a valid credit card number or check to secure a security deposit as collateral for any loss or damage to the Villa or its contents, or phone charges I incur during my time of occupancy at the Villa. I hereby consent and authorize the Owner to charge my credit card for the amount of any damages to the Villa, lost items, or phone charges I incur at the end of the rental period. HOTC or the Owner will notify me before any charges are applied to my credit card. I accept that the Owner will be responsible for returning any security deposits (less any applicable deductions) within 2 or 3 months after my departure from the Villa. I accept that any disputes regarding the security deposit will be resolved directly with the Owner. HOTC does not have any obligation to me for the reimbursement of the security deposit.
USE OF VILLA: I agree to use the Villa solely as a private holiday or vacation residence for the accommodation of me and my guests, unless otherwise agreed upon in writing by HOTC and Owner. I must notify HOTC of the number of guests that will be staying at the specified Villa during the rental period. The rental rate referenced in the Confirmation is based upon two (2) person occupancy per bedroom. If I intend to host an event such as a wedding or large party, I am required to notify HOTC prior to my arrival at the Villa and I agree to pay any additional charges that may apply for event hosting. I agree not to bring any animals to the Villa, unless otherwise agreed upon in writing by HOTC and the Owner. The Villa is specifically assigned to me and my guests and I shall not sublet nor assign the rental of the Villa to any other third party without the written approval of HOTC and the Owner. I am responsible for securing the Villa windows and doors at all times when I am not on the premises and any loss resulting from my failure to exercise reasonable precautions in securing the Villa will be my responsibility. I agree to take reasonable steps to ensure that I and all my guests adhere to the rules affecting the Villa.
PROHIBITED USE OF THE VILLA: I shall not engage in any activity or practice that may be or become a nuisance or annoyance to the Owner, or the occupants of adjoining land or that might invalidate any insurance policies affected on the Villa. I shall not use the Villa for any profit, gain or any other commercial purpose without the express written consent of HOTC and Owner. I acknowledge that my use of the Villa contrary to the terms of this Agreement may subject me and my guests to expulsion of the Villa.
TIDINESS AND DAMAGE TO VILLA: I shall respect and insure that the Villa, including all furniture, fixtures and effects, are maintained in good order and condition (reasonable wear and tear accepted) during my stay and shall promptly inform HOTC, the Owner or the Owner's staff of any damage caused to the Villa or its contents during the period of my occupation of the Villa. I will pay all charges for such damage and for any missing items as deductions from my security deposit, or if that amount is exceeded, I agree to pay the amount due at HOTC's or Owners demand.
COMPLAINTS: I will immediately contact the Villa management company or HOTC, concerning any problems that occur while I am a guest at the Villa. I understand that problems that are not brought to the attention of HOTC and/or the Villa management company while I am a guest at the Villa cannot be addressed after my departure and no claim will be considered.
LIMITATION AND WAIVER OF LIABILITY: I understand and agree that HOTC is a wholesale villa rental company and has no control over Villa or its equipment, facilities, operations, agents, or employees of the Owner of the Villa. I hereby release, waive, discharge, covenant not to sue and agree to hold HOTC and each of HOTC's directors, officers, employees, agents, affiliates and assigns (collectively, Released Parties), harmless from and against any and all claims, demands, losses, liabilities, legal proceedings, whether civil or criminal, penalties, fines, or other sanctions, that may have accrued or may accrue in the future against any Released Party directly or indirectly arising out of or relating in any respect to the rental of the Villa by me or any other person. This waiver and release will include, but not be limited to, any injury, damage or loss to my person or property which may be (a) caused by any act or failure to act, by any Released Party or (b) sustained by me before, during, or after the Villa rental. HOTC is not liable for any complications arising from Client's failure to have the proper travel documents to enter and exit the Villa destination. This waiver and release does not release HOTC from any liability that is caused by HOTC's intentional misconduct or from any other liability than can not be effectively released by me under applicable law.
INDEMNIFICATION: I shall and hereby indemnify and hold harmless HOTC, its sub-agents and representatives from and against any claim, loss, damage, cost or expense (including reasonable attorney fees) to any person or property, however caused, which occurs on or about the Villa, or in connection with travel thereto or there from.
CHOICE OF LAW, FORUM, AND WAIVER OF JURY TRIAL: This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Wisconsin , without giving effect to such state's conflicts of laws provisions. The parties hereby consent and agree to the jurisdiction and venue of the Circuit Court of Waukesha County , State of Wisconsin . Any actions, lawsuits or proceedings arising out of or relating to this Agreement and the matters contemplated hereby shall be filed and decided in the Circuit Court of Waukesha County . I hereby waive the right to a jury trial in any actions, lawsuits or proceedings out of or relating to this Agreement and the matters contemplated hereby. Nothing herein precludes either party's ability to enforce a final judgment of such court in any other court of competent jurisdiction.
ACTS BEYOND HOTC'S CONTROL: The failure of HOTC to comply with the terms and conditions of the Agreement because of an act of God, strike, labor troubles, war, fire, act of public enemies, action of governmental authorities, or for any other reason beyond the control of HOTC, shall not be deemed a breach of this Agreement. I will not hold HOTC liable for any damages or inconvenience I may incur as a result of a force majeure event.
COLLECTIONS: I agree to pay any and all charges, fees and expenses, including reasonable attorney's fees, incurred by HOTC to collect on any outstanding charges due per the terms of this Agreement.
TRAVEL INSURANCE: HOTC highly recommends that Clients purchase travel insurance to cover any unforeseen events that may affect my trip. A free, no obligation quote is available at www.travelguard.com using code 006448 for HOTC. Travelguard.com is not affiliated with HOTC. Any travel insurance purchased through Travelguard.com or any other insurance agency is a separate transaction from this Agreement.
