Last Updated: March 30, 2024

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the BlueShellVilla.com, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and Blue Shell Villa LLC  (as defined below) governing your access to and use of the Blue Shell Villa website, including any subdomains thereof, and any other websites through which Blue Shell Villa makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Blue Shell Villa Services"). The Site, Application and Blue Shell Villa Services together are hereinafter collectively referred to as the “Blue Shell Villa Platform”. Our Host Guarantee Terms, Insurance Terms, Guest Refund Policy  and other Policies applicable to your use of the Blue Shell Villa Platform are incorporated by reference into this Agreement.

When these Terms mention “Blue Shell Villa,” “we,” “us,” or “our,” it refers to the Blue Shell Villa company you are contracting with. 

If your country of residence or establishment is the United States, you are contracting with Blue Shell Villa LLC,  Ft Lauderdale, Florida 94103, United States.

Our collection and use of personal information in connection with your access to and use of the Airbnb Platform is described in our Privacy Policy.

1. Eligibility, Using the Airbnb Platform, Member Verification

1.1 In order to book a reservation on  Blue Shell Villa.com you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

1.2 Guests are requested to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds.

2. Modification of these Terms

Blue Shell Villa LLC  reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on BlueShellVilla.com and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective.

3.  Booking Accommodations

3.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

3.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Airbnb (via Airbnb Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

4 Booking Experiences, Events and other Host Services

4.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

4.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

4.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on BlueShellVilla.com

5 Booking Modifications, Cancellations and Refunds, Resolution Center

5.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Airbnb Platform or direct Airbnb customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

5.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Stripe Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Stripe Payments pursuant to the Payments Terms.

5.3 If  Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. 

5.4 For Experiences, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.

6 Damage to Accommodations, Disputes between Members

6.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

6.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment you. If you agree to pay the Host determines in its sole discretion that you are responsible for the Damage Claim, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Terms and Conditions. The Host  also reserves the right to otherwise collect payment from you and pursue any remedies available in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by the Host.

7. Indemnification

7.1 To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Blue Shell Villa  and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards,

8. Dispute Resolution and Arbitration Agreement

8.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Blue Shell Villa in the Jamaica.

9. Applicable Law and Jurisdiction

9.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the Tower Isle, St Mary Jamaica, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Tower Isle, St Mary Jamaica, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Tower Isle, St Mary Jamaica.