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SOS Homes Terms and Conditions

This Agreement is entered into between you (the "guest", "you" or "your") and SOS Homes ("SOS Homes", "we", "us" or "our") and sets forth certain rules that must be adhered to in connection with your booking of an accommodation though our website.

You acknowledge and agree that by accepting the terms hereof, you have read, understood and agreed to comply with and be bound by our Terms of Service (the "Terms"), as published at www.soshomesja.com, into which this Agreement is incorporated.

 

Guest Rules

Guests must comply with our Guest Rules in connection with a Booking and all applicable laws and regulations. Violation of rules may result in fines or immediate eviction. Please ensure you read all house rules prior to your stay. Smoking in the home will attract a $200 fine. Noise that disturbs the neighbors or hosting a party or event will result in a single warning. Failure to comply will result in a cancelled booking and in extreme cases, involve the authorities.

Booking Summary

You have received a Booking Confirmation as a result of your Booking of an accommodation. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such accommodation after the term set forth in your Booking Confirmation and have no rights to renewal or recurring usage.

 

You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the accommodation. You agree to abide by any rules and restrictions which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.

 

The Booking Confirmation and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the accommodation, any areas of the accommodation or items in or on the accommodation that have been designated "no access", noise restrictions, or limitations on pets, smoking or other activities at, on or from the accommodation. Your license to occupy the accommodation will be subject to immediate termination if you or any parties that occupy the accommodation during the term of your stay violate any terms of this agreement, the Guest Rules or any other agreement between you and SOS Home.

Booking and Cancellation 

  1. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply: for any booking cancelled 7 full days prior to listing’s local check-in time on the day of check-in, SOS Homes will refund 50% of the accommodation fees. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking. Cancellations due to extenuating circumstances SOS Homes may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation. In the event a refund within the 7 day window occurs, SOS Homes charges its fee on the entirety of the reservation fees. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking ("Accommodation Fees") for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

  2. SOS Homes has the right to cancel a booking at any time and offer a full refund. SOS Homes shall have no responsibility or liability as a result of a cancellation of a booking.

  3. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or SOS Homes to comply with the House Rules will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).

  4. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the payment will be refunded to you, but SOS Homs will not be liable to you for any further amounts in respect of the cancellation of the Booking.

Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Confirmation without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by SOS Homes as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.

  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. 

  3. By accepting these terms you agree to pay the Accommodation Fees in full and SOS Homes will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. 

  4. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and no refund will be applied.

  5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. SOS Homes is not responsible for any taxes as a result of any Accommodation.

  6. Smoking indoors attracts a $200 charge

Credit Card Authorization

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless SOS Homes has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then SOS Homes reserves the right to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by SOS Homes including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the SOS Homes and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform SOS Homes immediately. SOS Homes will have access to the Accommodation at all times during your stay to address any such issues.

  3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of SOS Homes.

  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.

  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.

  6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:

    1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;

    2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);

    3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;

    4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;

    5. not leave any obstruction outside of the Accommodation;

    6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to SOS Homes or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

    7. not conduct any illegal activity from the Accommodation;

    8. not conduct any business or commercial activity whatsoever from the Accommodation;

    9. not make any alteration or addition whatsoever to the Accommodation or its contents;

    10. not use the Accommodation for any purpose other than for personal accommodation; and

    11. not publish or reveal anything which might allow a third party to identify the address of the property or any personal information regarding SOS Homes or the Accommodation (even if such information is already in the public domain).

  7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed. You may be subject to a charge for any breach.

  8. You hereby indemnify SOS Homes in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by SOS Homes or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. 

Property Damage

  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify SOS Homes of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.

  2. If you do not notify SOS Homes of any such damage you will be fully responsible for such damage on a full replacement cost basis.

  3. If you do declare any damage, then you are responsible for full replacement cost, but the first $8 USD per night of such damage will not be charged to you.

  4. You have authorized SOS Homes to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, SOS Homes  has obtained a pre-authorization for such charges as noted above.

Liability and Claims

  1. Any claims made by you under this agreement must be made initially and in accordance with the Terms. 

  2. SOS Homes will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by SOS Homes). The limitation of liability in favor of SOS Homes in the Terms applies hereto.

  3. Subject to any exceptions set forth in applicable law, SOS Homes' liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and SOS Homes is not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

  4. Nothing in this clause limits or excludes the liability of SOS Homes for death or personal injury arising as a result of their gross negligence or wilful misconduct or the gross negligence of willful misconduct of SOS Homes.

  5. You agree to indemnify and hold SOS Homes harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you, the host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.

  6. If SOS Homes is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

General

  1. You agree that you have the power to enter into this agreement.

  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the SOS Homes against any amounts that may be owed to you.

  3. SOS Homes will be entitled to assign or sub-contract their obligations under this Agreement.

  4. SOS Homes will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.

  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.

  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

  7. These conditions are governed by and construed in accordance with the laws of Jamaica. You agree to submit to the exclusive jurisdiction of the courts of Jamaica for all disputes between SOS Homes and Guest arising out of this Agreement or the Accommodation.

  8. If you breach these terms and conditions and SOS Homes decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by SOS Homes' rights hereunder and SOS Homes will still be entitled to take action and enforce their rights and remedies for any other breach.

Term and Termination

  1. Term. This Agreement is effective from the date of booking.

  2. Termination. This contract is specific and exclusive to guests of SOS Homes. If your stay is terminated for any reason whatsoever or you have checked out of your accommodation, this Agreement shall be terminated.

Liability

You acknowledge and agree that we will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

This Agreement is subject to the limitations of liability set forth in the Terms.

Indemnification

Guest agrees to defend, indemnify and hold harmless SOS Homes from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (2) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnites or any mistake of law or fact by Indemnitees.

Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit SOS Homes, its successors and any permitted assigns. 

  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.

  3. Waiver. If Guest breaches any term of this Agreement and SOS Homes decides to take no action or neglects to do so, then SOS Homes will still be entitled to take action and enforce our rights and remedies for any other breach.

  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

  6. Notice. All notices and other communications under this Agreement shall be provided as set forth in the Terms.

  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Jamaica.

  8. Dispute Resolution. SOS Homes and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.