GENERAL CONDITIONS OF SALE
(ISSAYAH VILLA)
These General Conditions of Sale (“GTC”) apply to all bookings and/or purchases made by a Customer (as defined below) on the Website available at https://issayah-villa.com
Please note that booking a villa is very different from booking a regular hotel room, especially when it comes to payments and cancellations. It is of the utmost importance that you, as the person responsible for booking (and responsible for the behavior of your guests), read the following terms and conditions in their entirety before booking at ISSAYAH VILLA.
THE PARTIES ACKNOWLEDGE AND AGREE THAT:
This contract concerns short-term accommodation for holidays. ISSAYAH VILLA reserves the right to revoke or refuse to honor any reservation of holiday accommodation, at any time before the arrival of the Customer or during the period of holiday rental, for reasons which, in its sole and absolute opinion, make the villa unsuitable for rental. Any confirmed booking will be effective only after the signing of the Seasonal Rental Agreement and the payment of the initial deposit by the Customer and received by ISSAYAH VILLA in accordance with the Seasonal Rental Agreement.
1. PROPERTY USE AND OCCUPANCY LIMITS
1.1 The Property is rented to you for vacation rental purposes only for the period indicated in the confirmation letter. It may not be used for shows, parties, weddings, group gatherings, photo shoots or commercial activities of any kind, except with the prior written consent of ISSAYAH VILLA .
1.2 The name of the Principal Customer must be used to make a reservation. The name under which the booking is made (THE BOOKING MANAGER) must stay in the Property, is held responsible for the actions of the group and must account for each individual staying in the Property. It is his responsibility to ensure that all occupants understand and accept these Terms and Conditions. Neither the whole nor a part of the Property can be sublet without authorization. THE BOOKING MANAGER will also be fully responsible for the payment of all expenses during the holiday period as well as any damage to the villa or items subtracted from the villa.
1.3 You agree to provide us with the names of each person staying in the villa, the number of adults and children who will stay/visit the villa, including the age of all children. Note that children and adolescents aged 12 months to 17 years are considered children. Children under 12 months of age are considered babies.
1.4 During your stay, the number of persons staying/visiting the villa must not exceed the number you indicated at the time of booking, with no exceptions. This is an occupancy, health and safety issue related to fire safety, disinfection and hygiene. Exceeding this number may result in the cancellation of any insurance policy on the Property. In the absence of consent for additional persons by ISSAYAH VILLA, immediate expulsion will follow without any refund or at our discretion.
1.5 The health and safety regulations and other key policies of ISSAYAH VILLA shall be respected without exception, including but not limited to:
- No pets are allowed on or near the premises.
- Smoking is not allowed in the villa.
- It is also forbidden to throw cigarettes or cigars, or any other flammable material in the garden.
Violation of any of the provisions of this paragraph 1 shall result in the immediate expulsion of the BOOKING MANAGER and his guests, without any refund.
2. RESERVATION CHANGES
In the case of a request to change the booking date:
2.1 We will always do our best to respond to a reservation change request. However, we cannot guarantee that we will be able to do so. If availability allows us to change the dates of a booking, there is no guarantee that the rates will be the same.
3. PAYMENT POLICY
3.1 A 50% deposit is required to guarantee a reservation. The final balance of accommodation and all services is due 90 days prior to arrival for bookings made during the Christmas and New Year period, and 30 days prior to arrival for the remainder of the year.
3.2 Full payment is due at the time of booking if the booking is made less than 90 days prior to arrival for bookings made during the Christmas/New Year period and 30 days prior to your arrival for the rest of the year.
3.3 All other charges associated with activities, consumption, damage or missing items in the villa will be automatically charged to the card used for the credit card authorization provided at the time of initial booking.
4. GENERAL CANCELLATION POLICY
Cancellation fees apply as follows:
4.1 Confirmed Reservations only apply once the rental agreement has been signed and the Deposit, Gross Rent or any other payment has been received on the bank account of ISSAYAH VILLA or due to ISSAYAH VILLA by the Customer.
If the Customer cancels more than thirty-one (31) days before arrival: ISSAYAH VILLA will collect a cancellation fee equal to fifty percent (50%) of the gross rent.
If the Customer cancels thirty (30) days or less before arrival: ISSAYAH VILLA will collect a cancellation fee equal to one hundred percent (100%) of the gross rent.
4.2 Subject to the agreement of ISSAYAH VILLA, the Customer may request a modification of the dates of his reservation. The Deposit that has already been paid may be carried forward to a future rental, provided that this rental relates to the same Property, subject to availability and without guarantee of the initial price conditions, which may vary depending on the season and the Property’s demand.
4.3 Any request for cancellation must be submitted in writing to ISSAYAH VILLA by email or LRAR. In case of dispute, it is up to the client to demonstrate that the cancellation notice has been received by ISSAYAH VILLA.
4.4 Any modification of the rental conditions by the client (no presentation, early departure, change in the number of persons staying in the villa, ...) whatever the cause, will remain the exclusive responsibility of the customer who will not be able to obtain any compensation in this respect.
5. CHECK-IN AND CHECK-OUT
NOTE: These schedules can be modified with the agreement of ISSAYAH VILLA
5.1 Check-in is available from 14:00 on the day of arrival (unless otherwise agreed). Please call the manager one hour before your arrival and one hour before your departure so that he can open and close the house and disable the alarm.
5.2 Check-out is before 12:00 on the day of departure (unless otherwise agreed).
5.3 A strict departure time of 12:00 applies as new customers may arrive at 14:00.
5.4 An early check-in or late check-out may incur a fee.
In case of late check-out, an additional night rental can be charged.
6. OCCUPANCY
6.1 A maximum of two persons per room is allowed to stay in the villa at any time, unless otherwise agreed in writing; this rule is strictly applied. Guests are not allowed to organize parties for anyone other than the BOOKING OFFICER or other persons allowed to stay in the villa.
6.2 If the number of persons staying in the villa exceeds the number indicated in the contract, ISSAYAH VILLA will have the possibility to immediately break the contract at the expense of the client or to demand payment of a sum greater than that provided in the contract. Exceptions can be granted by ISSAYAH VILLA at the client’s request for babies sleeping in cradles.
6.3 THE BOOKING MANAGER undertakes to make use of the rented villa as a good father, family and is strong of such behavior towards all occupants, especially the guests. Any violation by one of the occupants of the villa, the laws and regulations in force, as well as a peaceful non-use of the villa and respectful of the neighborhood and the environment, will result in the immediate termination of the contract to the exclusive detriment of the client, notwithstanding any damage suffered by any person as a result of the rental of the property in question, which will be borne by the customer in its entirety.
CUSTOMER INFORMATION AND OBLIGATIONS
7. SMOKERS
7.1 This property is a non-smoking villa. Smoking is strictly prohibited inside ISSAYAH VILLA . Please dispose of cigarette butts responsibly (not in the flower pots or on the balcony). Any cigarette butt collected will be subject to the additional cleaning policy above (see point 10 below). In case of evidence of smoking in the rooms, charges will be strictly applied to clean carpets, repaint walls and ceiling, clean or replace curtains and clean air conditioners and ventilation systems.
On the other hand, ISSAYAH VILLA reserves the right to terminate the rental agreement for the period of reservation, to return the guests and to keep the amounts still due without refund, without any exception. It is the Customer’s responsibility to understand this before making a reservation.
8. FURNITURE
8.1 On departure, furniture must be left where and in the condition in which it was found. If the furniture is not left in the right place or in case of damage, a furniture replacement fee will apply. Damaged or broken furniture will be repaired or replaced at the BOOKING MANAGER’s expense, plus administrative costs.
9. TOWELS
9.1 White towels should be used indoors only. Blue beach and pool towels are provided for outdoor use. White towels stain easily; we are aware that they can be soiled in use. However, please note that excessive and obvious outdoor use will result in replacement costs.
10. ADDITIONAL HOUSEHOLD
10.1 The villa is staffed by housekeepers who ensure that your stay is clean and orderly at all times. A normal use of the villa is expected and appropriate. However, in the event of excessive disorder beyond normal use, such as the intentional destruction of property or champagne battles inside or outside, additional service charges will apply.
11. DAMAGES AND INTEREST
11.1 We understand that from time to time, dishes fall, glasses break and spills occur. However, we ask you to ensure that irreplaceable objects are not damaged by gross misuse or by unattended children.
11.2 Please close and secure all doors and windows when leaving the Property. Weather conditions in the tropics can change at any time, with storms developing rapidly and likely to cause considerable damage to the Property. Damage, breakage, theft/loss and security are 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 inform management immediately of any damage, breakage or theft. Management may deduct from your deposit the amount required to repair or replace any item. You will be responsible for any expenses or damages to the Property resulting from not closing and securing all doors and windows when you leave and vacate the Property throughout your stay.
11.3 If applicable, the Customer authorises ISSAYAH VILLA to levy the additional charges on the security held. If the amount of the deposit is insufficient, the Customer accepts responsibility for the outstanding payments and hereby authorises ISSAYAH VILLA to deduct these amounts from the credit card held, or will transfer the necessary amount to ISSAYAH VILLA’s accounts upon request.
11.4 Although everyone appreciates the climate in Saint Barth, we have installed air conditioning and ventilation equipment. We ask you, if you intend to leave the doors and windows open to the outside environment, to turn off the air conditioning. The difference in temperature and humidity can cause significant condensation in the villa. This change of environment will cause condensation and water flow from all air conditioning vents, damaging ceilings and woodwork. Any damage caused by this misuse of the villa systems will result in repair costs.
12. ART AND OBJECTS
12.1 We have installed rare and irreplaceable works of art for your pleasure. Broken or broken works of art and objects will incur replacement or repair costs equal to the average of the last two auction prices of the artwork. The breakage and loss of items belonging to the Property must be reported to ISSAYAH VILLA and paid immediately by the BOOKING MANAGER. Any items missing during the Customer’s stay will be treated in the same way as broken or lost items.
13. CHILDREN
13.1 Children are your responsibility. Any damage caused by children will be treated as if it had been caused by an adult.
14. PETS
14.1 Pets are allowed but upon express request expressed at the time of booking. Any required indoor and/or on-site pest control treatment will be billed to the client.
15. DECK SECURITY
15.1 All the terraces of ISSAYAH VILLA do not have a glass wall or balustrade. Even if it contributes to the superb design, this absence can present a fall risk and a danger for all children and people impaired. In addition, anyone standing on, leaning on or spanning the glass wall or railing agrees that by booking at ISSAYAH VILLA the BOOKING MANAGER and his group accept all responsibility for anyone who falls from the balconies by his own fault.
16. POOL SAFETY
16.1 Bathing is at the Customer’s own risk. Children under the age of 12 must be supervised and accompanied by an adult at all times. In general, children must be supervised by an adult. It is strictly forbidden to dive and use glass near the pool, sit or climb the wall formed by the overhanging edge of the infinity pool (to avoid the risk of falling).
ARE STRICTLY PROHIBITED, all inflatable objects, inflatables, boats, play buoys, etc., which may tip over the overflow zone of the pool and cause a dangerous fall several meters high and personal injury.If maintenance work is required on the Property, we will endeavour to notify you as soon as possible. The pool is equipped with an alarm to ensure the safety of guests. As a party to this contract, the Customer agrees to be responsible for what may happen if the pool alarm is disabled.
17. VIDEO SURVEILLANCE
17.1 For your safety, ISSAYAH VILLA is equipped with a video surveillance system.
18. DEPOSIT
A deposit as provided for in the rental agreement representing 10 000 euros of the amount of the rental will be automatically deducted from your means of payment when booking.
19. TOURIST TAX
To the price of the rental is added the amount of the tourist tax instituted by Article 123 of the Code of the contributions: «It is instituted a tourist tax applicable to the persons lodged for consideration who stay in the territory the collectivity.»
The tourist tax rate is 5% of the real price of the rental.
The real price of the rental is the price of the rental excluding ancillary services, including catering, regardless of the number of people hosted, nature and category of accommodation.
The invoice that will be drawn up at the end of the stay will identify precisely the price of the rental excluding ancillary services on which will be applied the amount of the tax (5%) which will then be returned to the Collectivity of Saint Barthélémy.