Terms and Conditions
When making a reservation, you will receive a Villa Rental Agreement & Damage Deposit Form from us requesting the deposit on the villa that has been booked with our partner company St. Martin Sotheby’s International Realty. This Villa Rental Agreement becomes a binding agreement when the completed Damage Deposit form has been submitted and when payment for the villa rental has been received; it states the basic terms and conditions concerning this villa rental between the "Renter" and St. Martin Sotheby’s International Realty. Sending payment in response to this invoice constitutes the acceptance and agreement to these terms, conditions, limitations and restrictions as printed below. If there are any problems or questions with any of the following, please be sure to telephone us for discussion and explanation before sending us the rental deposit monies.
Confirmation of Reservation
The completed and signed Damage Deposit form must be returned via fax or email within 48 hours to confirm the reservation. Failure to submit this completed form subjects the reservation to automatic cancellation without notice to the renter. Renters must secure their reservation with a credit card valid at least 60 days after the departure date.
The renter must be over 18 years of age and be present at check-in and check out. The renter acknowledges that he / she will personally occupy the property for the entire lease period and will not sublet any portion of the property. The total number of persons allowed in the rental property at any one time is restricted to the maximum occupancy set forth in the confirmation. Should a rental party misrepresent themselves, they will be required to pay for the excess persons immediately, or shall vacate the property without refund. The renter agrees that the premises shall not be used for any illegal or unlawful purposes.
Payment & Cancellation Policies
Twenty-five percent of the rent is due to us within 14 days of the Villa Rental Agreement issue date to confirm the reservation. Failure to make this payment subjects the reservation to automatic cancellation without notice. The balance due of rent, Government Tax, and any additional fees must be paid in full at least 45 days prior to the date of arrival (60 days prior in the case of booking over the Christmas / New Year period). Payment can be made by certified check (payable to St. Martin Sotheby’s International Realty) or by credit card (Visa / MasterCard only. Only ONE credit card will be accepted from a rental party for villa payment.
All cancellations and any request for changes to your reservation (such as date changes or changes in the number of persons) must be made IN WRITING.
-If you cancel more than 45 days prior to your arrival date, 85 per cent of your total Gross rent will be refunded to you and 15 per cent of your total rent will be retained by St. Martin Sotheby’s International Realty as full liquidated damages.
-If you cancel 45 to 30 days prior to your arrival date, St. Martin Sotheby’s International Realty will retain 30 per cent of your total gross rent as full liquidated damages.
-If you cancel 29 to 8 days prior to your arrival date, St. Martin Sotheby’s International Realty will retain 55 per cent of your total gross rent as full liquidated damages.
-If you cancel within 7 days of your arrival date, St. Martin Sotheby’s International Realty will retain 100 per cent of your total rent as full liquidated damages.
Holiday bookings have their own payment and cancellation policies: Full payment is due 90 days before arrival date
Holiday Cancellation policy:
-If you cancel 90 days or more prior to your arrival date, SXM SIR retains 25% of the gross rental fee
-If you cancel 89 days or less prior to your arrival date, SXM SIR retains 100% of the gross rental fee
In rare cases, some villa owners may be persuaded to allow you to rebook the villa at a later date, without penalty to the renter. We highly recommend travel insurance!
Finally, please send the payments in on time to avoid cancellation of the reservation. If it is necessary to change or cancel any portion of the services that have already been booked, please notify us IN WRITING (by email or fax). No-shows, late arrivals, a reduction in number of guests after the arrival and early departures after the arrival are all non-refundable. No refunds will be granted unless there is a serious problem which cannot be remedied within 24 hours, and/or which causes the Guest(s) extreme, undue discomfort or serious inconvenience (see also Complaints and Maintenance below). Guests who abandon their villa without notifying St. Martin Sotheby’s International Realty agree they have no rights to compensation.
The credit card that is provided on the Damage Deposit form when the reservation is confirmed will be held on file for 60 days after the departure from the villa. This credit card will be charged for breakage, damage, missing items, additional cleaning for villas left abnormally dirty, international calls charged to the villa's telephone, and other charges incurred before, during or after the stay, still outstanding. All normal utilities (except for international telephone calls) are included in the rental price. The renter hereby agrees to pay St. Martin Sotheby’s International Realty, on behalf of the owner of the villa, the cleaning or replacement costs for all damages to personal property or to the real estate, which may occur as a result of the renter’s occupancy, excluding normal wear and tear. Locked pantries and closets are reserved for the use of the villa owner and are not included in this rental. The renter agrees to take all reasonable steps to ensure that their family and other guests in their party adhere to the rules and regulations affecting the villa. All villas are privately owned, so decor, colors and inventories will of course vary. All villas are fully furnished, including an ample supply of bed linens and towels for Guests' use. Removing any items from the villa is prohibited.
St. Martin Sotheby’s International Realty is acting hereunder as agent for accommodations and assumes no liability for property loss or damages, nor liability for injury, accidents, death, delay, or irregularity which may be occasioned either by reason of defect in any vehicle or the acts of any company or persons engaged in conveying passengers to or from their villa. Transportation (airlines, ferries, charter vessels, rental cars and taxis) is supplied by providers who operate independently of St. Martin Sotheby’s International Realty. We assume no responsibility, therefore, for any loss, injury, or damage to person or property because of the acts of those providers.
Our rental properties are equipped with safes for storage of valuables. Neither St. Martin Sotheby’s International Realty nor the property owner shall have any responsibility for lost, stolen or abandoned items. Furthermore, renters are responsible for their villa during occupancy, must lock the villa's windows and doors securely at all times when not on the premises or overnight and must exercise care in securing all personal property. Renters & their guests must observe all cautions as given by the escort or local contact people and/or written instructions provided to the renter prior to arrival or in the villa. All St. Martin Sotheby’s International Realty properties are privately owned. The villa owner and St. Martin Sotheby’s International Realty reserve the right to refuse service or rentals to anyone at their complete discretion.Our rental properties are equipped with safes for storage of valuables. Neither St. Martin Sotheby's International Realty nor the property owner shall have any responsibility for lost, stolen or abandoned items. Furthermore, renters are responsible for their villa during occupancy, must lock the villa's windows and doors securely at all times when not on the premises or overnight and must exercise care in securing all personal property. Renters & their guests must observe all cautions as given by the escort or local contact people and/or written instructions provided to the renter prior to arrival or in the villa. All St. Martin Sotheby's International Realty properties are privately owned. The villa owner and St. Martin Sotheby's International Realty reserve the right to refuse service or rentals to anyone at their complete discretion.
The performance of this Agreement by either party is subject to acts of God, government authority, disaster or other emergencies, any of which make it illegal or impossible to provide the facilities and/or services for the villa rental. It is provided that this Agreement may be terminated for any one or more of such reasons by written notice from one party to the other without liability.
Pets of any kind are NOT allowed in or on the villa's premises without specific written permission from St. Martin Sotheby's International Realty (granted prior to arrival).
Complaints and Maintenance
St. Martin Sotheby’s International Realty shall make every effort to keep all villas and their inventories in good working order. In case of a maintenance problem, they will strive to repair the problem as soon as possible after being notified. They reserve the right to be allowed several hours (up to 24 hours) to cure a reported problem. However, no refund or rate adjustment shall be made for unforeseen mechanical failures such as the supply of electricity, telephone service, internet service, water, pool filtration systems, hot tubs, air conditioning, television or cable service, appliances, etc. St. Martin Sotheby’s International Realty will not be held responsible for independent contractors hired to repair maintenance issues with the villa and/or its utilities and services. We cannot guarantee the time frame these independent contractors will respond to and/or repair said maintenance issues. It is the renter’s obligation to report any problems or damage to their villa IMMEDIATELY to us, regardless of the hour. (Please also see Payment & Cancellation Policies, above).
Check-In and Check-Out Times
Guests must vacate their villas no later than 12 noon, and check-in time is 3.00pm. Failure to check out of your villa at 12noon sharp may result in a US $250 penalty charged to the renter. Check-in and check-out times are strictly enforced at our villas. If the renter would like a later check-out time, they are required to check with our office during their stay to see if another group is arriving the day they leave. If not, they might be able to stay on later into the afternoon at no charge, but they are required to get prior permission to stay later than the published check-out time.
Entry into Villa
St. Martin Sotheby’s International Realty or its staff may enter the villa to perform any repairs as necessary.
St. Martin Sotheby’s International Realty reserves the right to substitute comparable or better accommodations without liability, should the villa reserved be sold, be out of order, been inadvertently double-booked, or be deemed substandard by us for any reason. If comparable accommodations are not available, the renter may receive a complete refund of all pro rated rent and Government Tax paid for the original villa.
Drugs and Hazardous Materials
The renter and their guests shall not use or permit to be brought into any villa any illegal substances, inflammable fluids (e.g., gasoline, kerosene, naphtha or benzene), or other explosives or articles deemed hazardous to life, limb or property.
St. Martin Sotheby’s International Realty shall charge the renter $45 for each set of lost or mishandled keys; gate remote controls will be charged at replacement cost ($75 to $150). The renter is required to follow all instructions precisely on where to leave the villa keys and gate remote controls when they depart – they should call our office if they are unsure!
Capacity of Villas
The total number of persons allowed in the villa at any one time is restricted to the number of persons scheduled and paid for, based on two persons per bedroom. Should a group misrepresent themselves, they will be required to pay for all excess persons immediately, or shall vacate the villa without refund. Exceptions to this Term are made only for infants under 24 months old; if sleeping in a baby crib and not occupying one of the villa's beds, they are NOT included in the villa’s total headcount.
Quiet Enjoyment and Parties
St. Martin Sotheby’s International Realty wishes to maintain a family atmosphere for the quiet enjoyment of Guests. We rent to family groups and responsible adults only; absolutely NO house parties or functions such as weddings are allowed without advance WRITTEN permission from St. Martin Sotheby’s International Realty. Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents of the neighborhood, particularly after 10 pm at night.
Rates and Printing Errors
The information pertaining to each villa in St. Martin Sotheby’s International Realty' rental inventory and rate sheet was correct at press time, and our web site is constantly updated. St. Martin Sotheby’s International Realty is not responsible for printing errors or inadvertent omissions on their website and other websites. All rates and villa details are subject to change without prior notice. In any dispute arising out of this rental agreement, the laws of France and the European Union shall apply and the prevailing party shall recover its costs, expenses and reasonable attorneys' fees. The Villa Rental Agreement becomes a binding agreement when the Damage Deposit form is submitted. The credit card damage deposit and payment of the villa rental fee constitutes the renter’s acceptance and agreement to these terms, conditions, limitations and restrictions as printed above. If they have any problems or questions with any of the preceding, please BE SURE to email or telephone us BEFORE sending us the rental deposit monies. Thank you.
Arrival on Island - Important!
A member of our staff will meet and greet the renter at the airport. They will be holding signage showing the renter’s name and will be waiting just inside the main taxi exit of the arrivals hall. They will assist them with their car rental collection and escort them to your villa.
A member of our staff will meet and greet the renter at the airport. They will be holding signage showing the renter’s name and will be waiting just inside the main taxi exit of the arrivals hall. They will then transfer them and their party to their villa. The rental vehicle(s) will have been delivered to the villa in time for their arrival and a member of staff from the rental company will return to the villa once the renter has arrived to complete the paperwork with them.
The first meet and greet and transfer service is offered on a complimentary basis. Subsequent transfers can be arranged on a request basis at a cost of $40 per transfer payable directly to the driver. Note : Departure transfers can also be arranged on a request basis. The cost per transfer is $40 and is payable directly to the driver.
Renters and their guests traveling separately should always travel with the list of island contact numbers in case of emergencies as provided on their Travel Information that should be given to them after they have submitted their flight and car rental information.
Important passport information : Beginning December 31, 2006, US citizens will need a valid passport to travel to and from St Martin / St Maarten. If you, or your clients are traveling to our sunny destination, a valid passport is required to re-enter the U.S.
Always check with the airlines for the latest requirements before you travel! If the renter’s flight is delayed or cancelled while en route, they are REQUIRED to contact St. Martin Sotheby’s International Realty so we can notify everyone involved, including the car rental company - failure to do this will result in St. Martin Sotheby’s International Realty being unable to guarantee an arrival meet and greet and escort / transfer to the villa. Our contact numbers during daytime office hours at our St. Martin office Mondays through Fridays at + 590.590.51.02.85. Our office hours are 9am > 1pm & 2.00pm > 5.30pm. After hours call +590.618.104.22.168 or +590.690.33.87.04. We are on Atlantic Standard Time (during the winters, this is one hour ahead of New York's time).
Arrival at the Villa
When the renter arrives at their villa, they will be given the villa keys, a welcome briefing and a walk-through of the property to help get them settled and comfortable. These "meet-and-greet" services are included in the rental rate. There is no extra charge for these services, although a tip for the escort is at the renter’s discretion for excellent service. The renter will also be given the island manager's day and night phone numbers to contact in case they need anything during their island vacation. However, transportation back to the airport or ferry dock upon departure is NOT provided or included. Please be sure that the vehicle rented large enough for all the renter and their party PLUS their luggage! Island rental cars are usually small compact models, and jeeps will hold four passengers but little to no luggage - please plan accordingly. If the vehicle will not hold all the necessary passengers and luggage, they should call our Concierge who will arrange a departure transfer ($40 paid directly to the driver).
At all private homes, housekeeping service is provided every day except Sundays and holidays. (For religious reasons, some housekeeping staff take Saturday rather than Sunday as their day off) This service is for hotel-type general cleaning and tidying only; Towels will be changed daily, bed linens will be changed every 2 or 3 days. Guests’ personal laundry is not included in housekeep duties, however, guests are recommended to approach the housekeeper directly to make arrangements for their laundry to be done. The housekeeper will expect a suggested tip of $10.00 per load for this additional service. Cooking or babysitting must be arranged in advance, and prices set according to services required. Our Concierge will be happy to book these extra services for your vacation.
Grocery Delivery and a Chef for Your Villa Stay
There is a “complimentary” starter food pack at your villa with which includes: Milk (1L UHT), Mineral Water (2 Bottles), Juice (1 Pack), 12 x Eggs, Cream Cheese (Philadelphia), Crackers, Butter, Bread, Jam, 6 x Beers, 6 x Cokes, Coffee, Tea, 1 x phone card.
With sufficient advance notice (2 weeks or more), we can pre-stock the villa with the food and beverages of the renter’s choice. There is a charge of $50.00 for shopping and delivery plus the cost of food. We endeavor to adhere to the shopping list provided as closely as possible, but where certain brands are not available they will be replaced with similar brands or products. If an item on the list is not included in the delivery of the provisions at the villa, it is simply due to the fact that it is not available and no suitable substitute could be found. Guest’s will not be charged for missing items.
There are excellent chefs on St Martin/St Maarten who are available for just one special dinner only, to one, two, or three meals a day for the duration of your villa stay. We recommend Christian Wolfes . Please contact island chefs directly to discuss menus, dietary requirements and the grocery shopping list with him or her. Chefs will require an advance deposit for both grocery shopping and for their cooking; they should be paid directly. Please remember: all of our chefs book up far in advance for all holidays, so please plan ahead.
Special Services - Concierge Services
Babies and Toddlers at Our Villas
We have the following equipment available for rent (rental rates upon request) :
Wooden Crib, Pack N Play, High Chair, Car Seat,
Baby Monitor, Stroller Booster Seat Rollaway
Bed Rails Beach Parasol Beach Chairs Fax Machine
All rental equipment is delivered to the villa ready for arrival. Infants and toddlers under 24 months are NOT included in the headcount which determines the rental rate IF they sleep in a crib. If they sleep in one of the villa's beds, they are counted as a paying guest. Car seats are available from the rental car agency. Please order one when booking the rental car; there may be a small charge.
Tipping the Villa's Staff
For really excellent service with a smile, we recommend tipping about $5 - $10 per couple per day that the housekeeper works. If the renter leaves food and drink in their villa when they depart, they may also leave these for the housekeeping staff - they will appreciate it.
French law requires as from May 2004 that all villa pools be protected with alarms. Please note that it is the responsibility of the renters that these alarms are switched on during their stay.