The following Terms and Conditions govern all visitors/ guests of the Kotch Villa (hereinafter referred to as the “Villa”) and each guest by virtue of their stay and use of the facilities at the Villa agrees to abide by these terms and conditions. Failure to adhere to the terms and conditions contained herein may lead to cancellation of stay and/or refusal to use the hotel facilities.

In consideration of the fees and covenants contained herein, the Guest named at Item 1 of the Schedule is permitted to occupy the Designated Area(s) set out in Item 3 of the Schedule for the period stated in Item 4 commencing on the date also specified in Item 4 of the Schedule (hereinafter referred to as the “utilization period”).

The Guest agrees to pay the daily rate stipulated in Item 6 of the schedule for the use of the Designated Area(s).

Full Payment must be made to Kotch Life Limited (hereinafter referred to as the “Host”) a minimum of 2 weeks before the scheduled event.

The Guest understands and agrees that there will be a charge of US $250.00 for each hour that the Guest occupies the Designated Area(s) - or part thereof - beyond 11:00 a.m. on the last day of the utilization period.

The Guest understands that the Host shall be entitled to charge and withhold from the deposit (where so held) the said US $250.00 per hour that the Guest stays beyond 11:00 a.m. on the last day of the utilization period, and apply such amount as a genuine pre-estimate of the loss associated with the Guest’s failure to vacate at the time as agreed.

We retain the right at our sole discretion to deny access to anyone to Kotch Villa, its facilities, and the services offered, at any time and for any reason, including, but not limited to, for violation of our Terms and Conditions. Cancellation by the Guest must be made at least seven days before the commencement date specified in Item 4 of the Schedule to be eligible for a refund. All refunds are at the discretion of the Host. Processing fees are not refundable. The Guest understands that the Host shall be entitled to withhold all amounts paid and apply it as a genuine pre-estimate of the loss associated with the Guest's failure to cancel at least seven days before the commencement date.

Pets/animals are not permitted on or about the Villa. Violation of this rule will result in immediate forfeiture of the license to use the Villa and automatic forfeiture of all payments made to the Host.

The Guest agrees that the Host is not responsible for items lost, stolen, or left behind by the Guest or any person at the Villa. The Host will make every effort to retrieve items that have been reported missing, however, the Host gives no guarantee the items will be found and returned. Under no circumstance will the Host refund the Guest for items reported missing.

Safety deposit boxes are provided for the safekeeping of money, jewelry, and other valuables. These are used at the discretion and risk of the Guest and/or their invitees/guests.

The Guest agrees to notify the Host immediately should something get damaged and be in need of repair. The Guest acknowledges that they shall inspect the premises within six (6) hours of their arrival to identify and report to the Host’s staff at the Villa any damage existing prior to the Guest’s utilization period.

Any damage to the Villa (including its furniture and/or fittings) that is not identified by the Guest and reported to the Villa staff within the aforementioned six (6) hours shall be presumed to have been caused by the Guest. If repair is needed due to damage caused by the Guest or the Guest’s lawful guests and/or agent(s), the Guest agrees to pay the full cost of such repairs or replacement (as is appropriate) immediately.

Under no circumstances shall the Host or the registered owner of the Villa be responsible, for any loss, expense, damage, claim, injury, or death suffered by the Guest or by the Guest’s agent(s), servant(s), employee(s), or invitee(s) during the utilization period of the Villa that is caused by the acts and /or omissions of the Guest or by the Guest’s agent(s), servant(s), employee(s), or invitee(s) whether such acts/omissions were negligent or not (direct or indirect, consequential or howsoever arising. The Guest assumes all risks and fully (without limitation) indemnifies and holds harmless the Host and the registered owner of the Villa from all claims, loss, costs, expenses, death, or any special, incidental, or consequential damage arising from the circumstances outlined in this clause under common law and/or under the Occupiers Liability Act of Jamaica.

Some activities in which the Guest may choose to engage during the utilization period of the Villa may be especially dangerous and possibly illegal; the Guest, their servant(s), agent(s), invitee(s), or guest(s) shall engage in such activities at their own risk. The Guest is responsible for advising itself on the national laws and where the Guest and/or their employee(s), servant(s), agent(s), invitee(s), or guest(s) act contrary to national laws, the Host shall not be liable. The Guest understands that there are certain inherent risks to persons and property located adjacent to the ocean, including the possibility of drowning. The Guest also acknowledges that acts such as hiking, bike/bicycle riding, or any like activities are dangerous. The Guest, therefore, warrants that they or their servant(s), agent(s), invitee(s), or guest(s) agree that he/she voluntarily participates in any and all activities while using the Villa and its facilities and the Guest shall assume all risk of injury, illness, damage or loss to person and property that might result, without limitation - including that which is caused by the Host or the Host’s servants, agents, or employees; including all acts or omissions, negligent or otherwise - and the Guest by entering into this Agreement acknowledges that the Host, the registered owners of the Villa and their agents, servants, and employees shall not be liable for and are indemnified from any claim, losses, demands, actions, proceedings, damages, costs or expenses or other liability brought against the Guest, the Host and/or the registered owners of the Villa by any third party.

Neither the Host nor the registered owners of the Villa shall be liable for any damage to property or person arising from incidents such as fires, breakdown of equipment or machinery, acts of war, strikes, theft, pilferage, epidemics, quarantine expenses, slips, falls, swimming, allergies, drug use, motorized and non-motorized activities or any other incidents resulting in bodily harm whether caused by the act or omission (negligent or otherwise) of the Host, their servant(s), employee(s), agent(s) or assign(s).

This Agreement is governed by and interpreted in accordance with the laws of Jamaica. The Parties agree that any dispute arising under this Agreement will be resolved solely through final and binding arbitration by an Arbitrator appointed by the Dispute Resolution Foundation of Jamaica in accordance with provisions of the Arbitration Act of Jamaica and the Parties hereby expressly consent to the exclusive jurisdiction of Arbitration unless otherwise waived and agreed by the parties in writing.