Terms of Service

These Terms of Service (“Terms”) govern your use of choosetobehappytoo.com, our direct booking site at choosetobehappytoo.holidayfuture.com, and any booking, stay or service you arrange with CHOOSE TO BE HAPPY, LLC., trading as Choose To Be Happy Vacation Rentals (“CTBH”, “we”, “us” or “our”). By using our websites, making a reservation or staying at one of our properties, you agree to these Terms. If you do not agree, please do not use our websites or book with us.

1. Who We Are

CTBH manages fully furnished studios, apartments, lofts and villas for short and extended stays in Kingston and at Richmond Estates, Priory, St. Ann, Jamaica. Our office is located at 20 Eastwood Park Rd., Kingston 10, Jamaica.

2. Definitions

“Property” means any accommodation unit we list, manage or rent, including its furnishings, equipment and the shared areas of its complex.
“Reservation” means a confirmed booking for a Property for specific dates.
“Primary Guest” means the person who makes the Reservation and accepts responsibility for it.
“Guest” means the Primary Guest and every person registered to stay at the Property under the Reservation.
“Rental Agreement” means the CTBH Rental Agreement each Primary Guest acknowledges electronically before arrival.
“Guest Portal” means the online portal through which we provide arrival instructions, access details, Wi-Fi information, the house manual and the digital guidebook.

3. Eligibility

You must be at least 18 years old and able to enter a binding contract to make a Reservation. The Primary Guest must be present for the full stay and is responsible for every Guest and visitor at the Property.

4. Using Our Websites

You may use our websites only for lawful purposes and in line with these Terms. You agree not to:

Provide false, inaccurate or misleading information, including when making a Reservation;
Make speculative, fraudulent or duplicate bookings;
Copy, scrape, reproduce or resell any part of our websites, listings, photographs or content without our written permission;
Interfere with the security or operation of our websites, or attempt to gain unauthorized access to any system or account;
Upload or transmit malicious code, spam or unlawful content.

All content on our websites, including text, photographs, logos, the “Choose To Be Happy” name and design elements, belongs to CTBH or its licensors and is protected by intellectual property laws. Listing descriptions and photographs are provided in good faith to represent each Property. Minor differences in furnishings, décor or layout may occur.

5. Reservations

5.1 How bookings are made

Reservations can be made directly through our booking site or through third-party booking platforms. Reservations made through a third-party platform are also subject to that platform’s terms, payment rules and cancellation policy. Where a platform’s terms conflict with these Terms on payment or cancellation, the platform’s terms apply to that Reservation. All other parts of these Terms, the Rental Agreement and our house rules still apply.

5.2 Confirmation

Most of our Properties allow instant booking. A Reservation is confirmed when you receive a booking confirmation from us or from the platform you booked through. We may decline or cancel a Reservation that appears fraudulent, violates these Terms or results from a clear pricing or availability error. If we cancel for one of these reasons before your stay begins, we will refund any amount paid, except where the cancellation results from fraud or a breach of these Terms by you.

5.3 Accuracy

You are responsible for checking that your dates, guest count and Property are correct before confirming. Changes after confirmation are subject to availability and may change the price.

6. Rates, Fees and Taxes

Nightly rates vary by Property, date, season, demand and length of stay. The total price, including all fees, taxes and discounts, is shown before you confirm your Reservation. All prices are in United States dollars (USD) unless stated otherwise. Depending on the Property and Reservation, your total may include:

Nightly accommodation charges;
A one-time cleaning fee per stay;
Additional fees for certain Properties, as displayed at checkout;
Extra guest charges where a Property’s rate includes fewer guests than its maximum occupancy;
Applicable government taxes on accommodation, such as hotel tax and tourism or city tax, at the rates in effect at the time of booking.

Weekly and monthly length-of-stay discounts may apply and, where available, are shown at checkout. Rates may change at any time, but the price shown on your confirmation is the price you pay for that Reservation, unless you change it.

7. Payment

Payment is due as stated at checkout or on your booking confirmation. Card payments are processed by third-party payment processors. If a payment fails or is reversed, we may cancel your Reservation if the amount is not paid within the time we give you. Chargebacks filed for charges that were properly made under these Terms may result in cancellation of current and future Reservations and recovery of the amount owed.

8. Security Deposit

Each Reservation requires a refundable security deposit, taken as a pre-authorization hold on your payment card before arrival. The hold is currently between US$200 and US$300 depending on the Property. A pre-authorization is not a charge. We release it after the post-check-out inspection, typically within a few business days, although your card issuer controls how quickly the funds reappear.

We may capture all or part of the security deposit to cover:

Damage to the Property, furnishings or shared areas beyond normal wear and tear;
Missing items, including keys, keycards, remotes and linens;
Excessive cleaning, including cleaning after smoking or vaping indoors;
Violations of the house rules, including unauthorized guests, parties or pets;
Unpaid charges for services, late check-out or extra guests.

If the cost exceeds the security deposit, you agree to pay the difference. We will tell you what was charged and why.

9. Pre-Arrival Requirements

For the safety of our Guests and Properties, the following must be completed before arrival:

Our secure online check-in;
Identity verification by the Primary Guest;
Registration of every overnight Guest;
Electronic acknowledgment of the Rental Agreement;
Security deposit pre-authorization.

Once these steps are complete, you will receive access to the Guest Portal. We may withhold access details until all steps are complete. If they are not completed before your arrival date, we may treat the Reservation as cancelled by you under Section 12.

10. Check-In and Check-Out

Check-in is from 3:00 PM. Check-out is by 11:00 AM.
Early check-in and late check-out are subject to availability and may carry an additional fee. Please request them in advance.
Unapproved late check-out may be charged as an additional night or a late fee, and may be deducted from the security deposit.
Check-in methods vary by Property and may include an in-person greeting, smart locks or keycards. Details are provided in the Guest Portal.
Richmond Estates villas: these Properties are not staffed full time. You must send your arrival details and the names of all Guests in advance, and give at least 45 minutes notice before you arrive so a representative can meet you.

11. Length of Stay

Most Properties require a minimum stay of 2 nights. Some Properties and dates, including holidays and peak periods, require a longer minimum stay. The maximum stay for a single Reservation is 365 nights. Minimum stay requirements are shown when you search for dates.

12. Cancellations and Refunds

12.1 Cancellations by you

The following policies apply to Reservations made directly with us. Refunds are calculated on the amount paid for the Reservation and are based on the time remaining before the check-in date.

Kingston Properties: cancel 14 or more days before check-in for a full refund. Cancel 7 to 13 days before check-in for a 50% refund. Cancellations less than 7 days before check-in are not refunded.

Richmond Estates villas, St. Ann: cancel 30 or more days before check-in for a full refund. Cancel 14 to 29 days before check-in for a 50% refund. Cancellations less than 14 days before check-in are not refunded.

To cancel, contact us in writing or cancel through the booking site or platform you used. The cancellation date is the date we or the platform receive it. Reservations made through third-party platforms follow that platform’s cancellation policy.

12.2 Early departure and no-shows

If you arrive late, leave early or do not arrive, no refund is due for unused nights, unless we agree otherwise in writing.

12.3 Cancellations by us

If we must cancel your Reservation, for example because a Property becomes unavailable or unsafe, we will offer a comparable Property where possible. If you decline, or no comparable Property is available, we will refund all amounts you paid to us for the Reservation. This refund is your only remedy for a cancellation by us.

12.4 Eviction

We may end your stay without refund if you or any Guest seriously or repeatedly breach these Terms, the Rental Agreement or the house rules, engage in illegal activity, or endanger people or property.

13. Occupancy and House Rules

By staying at a Property, every Guest agrees to the following house rules, together with any Property-specific rules in the Guest Portal and the rules of the residential complex:

Only registered Guests may stay overnight. The maximum occupancy shown for each Property must not be exceeded.
No parties, gatherings or events without our prior written approval.
Respect quiet hours and the comfort of neighbors.
No smoking, vaping, marijuana or cigars inside any Property.
No pets without our prior written approval. Unapproved pets are not permitted.
No illegal activity of any kind.
Keep access codes, keys and keycards confidential, and do not share them with anyone outside your registered group.
Lock doors and windows when leaving the Property.
Park only in designated spaces.
Keep doors and windows closed while the air conditioning is running, and switch off lights and appliances when not in use.
Do not put grease, oil or unsuitable items down sinks or toilets.
Leave the Property in a reasonably tidy condition to avoid additional cleaning charges.
Report spills, damage and maintenance issues promptly.

14. Damage and Guest Responsibility

The Primary Guest is responsible for all loss or damage to the Property, its contents and shared areas caused by any Guest or visitor during the stay, whether accidental or not, beyond normal wear and tear. Please report any damage as soon as it happens. Reporting promptly helps us fix problems quickly and is taken into account when we assess charges.

Guests are responsible for their own personal belongings. We are not responsible for loss, theft or damage to Guests’ personal property, except where caused by our negligence. Items left behind will be held for a reasonable period. Return shipping, where possible, is at the Guest’s cost.

15. Amenities and Service Interruptions

We work to keep every amenity listed for a Property in good working order. Amenities in shared areas, such as pools, gyms, elevators, clubhouses and courts, are operated by the residential complex and are subject to its hours, rules and maintenance schedules.

Utilities and services such as electricity, water, internet, cable and air conditioning may occasionally be interrupted by public utility outages, weather, maintenance or other causes outside our control. We will make reasonable efforts to restore service or provide alternatives, but interruptions outside our control do not entitle you to a refund. If an amenity under our control fails and we cannot fix it within a reasonable time, contact us and we will work with you on a fair resolution.

Housekeeping visits, where included or purchased, take place between 8:00 AM and 11:00 AM unless arranged otherwise. We may need to enter a Property during your stay for urgent repairs, safety reasons or scheduled maintenance. Except in an emergency, we will give you reasonable notice first.

16. Guest Services and Third-Party Providers

We offer optional services, which may include airport transfers, car rental, tours and excursions, beach and yacht packages, breakfast packages, housekeeping, laundry, private chefs and other concierge help. Prices, inclusions and availability are shown at the time of booking or on request and may change.

Some services are provided by independent third parties such as drivers, tour operators, rental car providers, chefs and restaurants. These providers are responsible for the services they deliver and may require you to accept their own terms, waivers or rental agreements, including separate deposits for vehicles. We are not liable for the acts, omissions or services of third-party providers, except where caused by our own negligence. Discounts or offers at partner businesses are provided by those businesses and may change or end without notice.

17. Communications and Marketing

By making a Reservation, you agree that we may contact you by email, phone, SMS or WhatsApp about your Reservation, pre-arrival steps, arrival instructions and your stay.

If you opt in, we may also send marketing messages about offers, availability and events by email, SMS or WhatsApp. Consent to marketing messages is not a condition of booking. Message frequency varies. Message and data rates may apply. You can opt out of SMS or WhatsApp marketing at any time by replying STOP, and out of email marketing by clicking “unsubscribe”. Reply HELP for help. Opting out of marketing does not stop messages needed for an active Reservation.

Some initial replies to our messages and website chat may be handled by an automated assistant. It will tell you it is automated if you ask, and a member of our team will follow up. How we handle your information is described in our Privacy Policy.

18. Security Cameras

Some Properties and complexes use exterior security cameras that monitor entrances, parking and shared outdoor areas only. Cameras are never placed inside any area of a Property used for sleeping, bathing or living. Residential complexes may operate their own security systems and gate staff, which are outside our control.

19. Assumption of Risk

Use of pools, gyms, courts, play areas, beaches, stairs, balconies and lofts, and participation in tours, hikes, boat trips and other activities, carries inherent risks. Pools and beaches are not supervised by lifeguards unless stated otherwise. Children must be supervised by an adult at all times. You use these facilities and take part in these activities at your own risk, and you are responsible for following posted rules and using reasonable care.

20. Limitation of Liability

To the fullest extent permitted by law:

Our websites and their content are provided “as is” without warranties of any kind, and we do not guarantee they will be uninterrupted or error-free;
We are not liable for any indirect, incidental, special or consequential loss, including loss of enjoyment, travel costs, missed flights or events, or lost business or profits;
Our total liability to you for any claim arising from a Reservation or stay is limited to the total amount you paid to us for that Reservation.

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, or for fraud.

21. Indemnity

You agree to compensate CTBH, its owners, managers, staff and property owners for any claims, losses, fines, damages and reasonable costs, including legal fees, arising from a breach of these Terms, the Rental Agreement or the house rules, or from the acts or omissions of you or any Guest or visitor during your stay.

22. Force Majeure

We are not responsible for failure or delay in performing our obligations caused by events beyond our reasonable control, including hurricanes, tropical storms, earthquakes, floods, fire, utility failures, epidemics, government orders or travel restrictions, civil unrest, strikes and airport or road closures. If such an event prevents your stay, we will work with you in good faith on rescheduling or a credit for a future stay. Travel insurance is strongly recommended, particularly during the Atlantic hurricane season (June 1 to November 30).

23. Governing Law and Disputes

These Terms are governed by the laws of Jamaica. If you have a concern, please contact us first so we can try to resolve it informally. If a dispute cannot be resolved within 30 days, it will be subject to the exclusive jurisdiction of the courts of Jamaica. Nothing in this section removes any mandatory consumer protection rights you have under the laws of the country where you live.

24. General Terms

Entire agreement: these Terms, the Rental Agreement, our house rules, your booking confirmation and our Privacy Policy form the entire agreement between you and us about your Reservation. If the Rental Agreement conflicts with these Terms, the Rental Agreement applies.
Changes: we may update these Terms from time to time. The version in effect when you make a Reservation applies to that Reservation. Continued use of our websites after changes are posted means you accept them.
Severability: if any part of these Terms is found unenforceable, the rest remains in effect.
No waiver: our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
Assignment: you may not transfer a Reservation or your rights under these Terms without our written consent.

25. Contact Us

CHOOSE TO BE HAPPY, LLC. (Choose To Be Happy Vacation Rentals)
20 Eastwood Park Rd., Kingston 10, Jamaica
Email: choosetobehappytoo@gmail.com
Phone: +1 876 881 5547 | +1 876 823 0164 | +1 876 459 7067