RENTAL TERMS AND CONDITIONS
When you submit the booking form, you accept the following conditions:
1.1 Provisional Confirmation of Availability and Rates
When we receive a request for availability, we will confirm the applicable rates and the deposit amount. Our bookings are handled by Samui Villas & Homes and its associated companies. We may refer you to them for the processing of the booking and, in that situation, you will need to deal directly with them for payments either from or to you.
1.2 Exclusions & Additional Charges
The rates we quote do not include baggage handling, gratuities, international telephone or fax charges, car rental, food, soft drinks and/or liquor, personal items and expenses, or the cost for excessive cleaning (such as upholstery or rug shampooing caused by more than fair wear and tear) or replacing breakages.
In addition to the rates we quote, you will have to pay an additional 17%, comprising a service charge of 10% of the rental amount and a government tax of 7% of the rental amount.
We will quote rental rates on a per night basis. Check-in time is after 2:00 pm and check-out is by 11:00 am on the day of departure.
The minimum stay is at least 3 nights or, during the Christmas and New Year holidays, two weeks. Rates assume a maximum occupancy of 4 persons in each villa, excluding children under 2 years. Only those persons named on the booking form may stay at the Koh Samui villa (please notify us as soon as possible of any changes).
For larger groups or functions, special rates will be proposed.
1.4 Initial Deposit
We must receive an initial deposit of 30% or 3 days of the full rental amount together with the completed Guest Booking Form before a confirmation can be issued. No contract will be issued between us and you until funds have been received and accepted by us. If funds are not received within 5 banking days of us notifying you of your booking, we have the right to cancel the booking and we may allocate the Samui villa to another client. If the booking is cancelled, cancellation charges will be payable in accordance with the cancellation clause below. Before the booking is confirmed and a contract comes into existence, we reserve the right to increase or decrease the agreed prices. No contract will exist between us and you until we receive the required payment.
Final payment consisting of the remaining balance must be received by us at least 30 days before the guest arrival date (or 100% together with the Reservation Form if booked less than 30 days in advance of arrival). Failure to make the final payment on a timely basis will make reservations subject to automatic cancellation.
All rates for accommodation are quoted in US dollars. If the booking is made within 30 days of the arrival date, you must pay 100% of the rental amount at the time of booking. If we do not receive the balance by the due date, we reserve the right to cancel the booking and cancellation charges will apply.
3. CANCELLATIONS TO RESERVATION
If we wish to cancel the booking we must give written notice of this to you and if you wish to cancel the booking you must give written notice of that to us. The cancellation will take effect when the written notice is received and the following cancellation charges will be payable depending on when the notice of the cancellation is received in writing:
- More than 30 days before arrival date: all payments will be forfeited but credited for 9 months from the date of the cancellation. The credit amount can be applied by you towards another reservation within the following 9 months.
- Less than 30 days before arrival date: all rental payments (100%) are forfeited. A full or partial refund may, at our discretion, be offered if we secure a part or a full booking for the cancelled time period.
These cancellation charges also apply if we cancel the booking because you have not paid any balance which is due. If the dates of the booking need to be changed or amended, this will be treated as a cancellation of the original booking and cancellation charges may apply. Any change to the original reservation is subject to our approval If you choose to terminate your rental period early, this will be treated the same as a cancellation for the remaining period and a penalty will be applicable as in the other terms for cancellation.
4. ALTERATIONS AND CANCELLATIONS BY US
Though it is unlikely that we will have to make any changes to confirmed arrangements, it does occasionally happen, and we will advise you at the earliest possible date. If, for any reason beyond our control, we are unable to provide you with the booking for the Villa that we have previously agreed, we reserve the right to cancel the reservation. For example, if the property is damaged or rendered unusable we will have to cancel the booking and refund you in full (and we shall absorb any bank transfer charges). Except for the return of your previous payments we shall not be liable for any further obligations or claims by the client. We will, of course, help you as much as possible to find alternative accommodation and, if we had agreed a special rate with you, will endeavour to find another time when you can stay with us for the same rate.
5. REGISTERED GUESTS
Please bring photocopies of everyone's passport with you. Otherwise, the Samui villa manager will check your passports and make the copies. Only those persons stipulated on the booking form may stay at the property as guests. Please notify us as soon as possible of any changes. The number of people staying at the property must not exceed the maximum capacity indicated in the Booking Form, except in the case of infants (under two years old). Should we or any staff find that the number of people staying at the property exceeds that on the booking form; additional guests will be subject to a per-person, per-day surcharge and may be asked to vacate the Samui villa. We regret that no pets are allowed in the Villa grounds.
It is a condition of the booking that the entire party must arrange its own comprehensive travel insurance cover (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage). Neither we nor any staff are responsible for any and all claims, including any accidents related to the use of the Villa facilities or locally procured third party services such as, watercraft, water sports, jeep or motorbike rental etc. As deposits and rental payments are not refundable after a reservation has been confirmed, we highly recommend to buy an all inclusive travel insurance which covers all your expenses if you have to cancel your journey, need medical treatment overseas or emergency evacuation, or extra costs because of luggage delay or loss, etc. Neither we nor any staff shall be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside our control such as civil disturbances, fires, floods, severe weather, acts of God, acts of Government etc.
In no circumstances will you hold us or any staff responsible for any loss, expense, damage, claim or injury either directly or indirectly, consequential or otherwise whatsoever, however caused or incurred, whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted, or by reason of military action, revolution or acts of God, or by any staff, agents, employees, subcontractors, servants or third parties whatsoever supplying any of the services or accommodations herein or as substituted. If any accommodations and/or services are substituted, we will act at all times in good faith and use its best efforts to substitute with accommodations and/or services of a type comparable to or better than those originally contracted. We, at our sole and unfettered discretion, reserve the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or guest services.
By acceptance of this contract and or the transfer of the 30% down payment, it is assumed by us that this requirement has and will be complied with in full.
8. COMPLAINTS AND PROBLEMS
Each Villa building is to the same overall standard, quality and finish but there are differences in style and decor. The descriptions provided by us on the website and elsewhere are made in good faith. Neither we nor any staff accepts any responsibility for any modifications made which are not mentioned here or anywhere else. Neither we nor any staff accept responsibility for the breakdown of the supply of water, or electricity, nor of swimming pool filtration systems, though we will use our best endeavours to arrange for any such problems to be solved quickly. If there are any problems during the rental period, which could not be solved by dealing directly with the local staff, contact us immediately and we will use our best endeavours to rectify the situation. We will do as much as can be reasonably expected to avoid and rectify any problems that may occur, but cannot be held responsible for any problems. Any complaints must be notified to us within 24 hours of the occurrence giving rise to the complaint.
Should a problem remain unsolved please make a complaint in writing to us within 14 days of the completion of the rental period. If the Villa is vacated before the end of the rental period without mutual agreement this may result in the loss of all rights to compensation. No complaints will be considered if made after the departure date or if not acknowledged by the villa owner.
The Headland does not have an independent generator and power cuts are a fact of life on Samui. You agree not to hold us or any staff responsible for any loss or damage resulting from a loss of electricity which is outside our control. Loss of electrical power will not entitle you to terminate or cancel your rental except where it has continued for more than 24 hours continuously, in which case you are entitled to terminate early and receive pro rata repayment for the remainder of the rental period.
9. CONDUCT & BEHAVIOUR
As the person signing the contract, you are responsible for the correct and appropriate behaviour of the guests staying at the Villa. If any member of the party does not behave as required by these Terms and Conditions, we or any staff may at our or their absolute discretion ask the offending guest or guests to vacate the Villa immediately.
In such a case, this will be treated as a cancellation of the original booking and no refund can be claimed from us.
10. SOCIAL RESPONSIBILITY
It is prohibited to act unlawfully in any way whatsoever and to bring in and/or use/consume any illegal substances. We reserve the right to notify the local authorities of any offenders.
In addition, in line with its moral duty and respect for local employees, as well as for the safety of our valued guests, guests may not bring non-registered persons back to the villa under any circumstances. We reserve the right for us or any staff to request anyone to vacate a property at any time.
11. STAFF AT THE VILLA
The service charge is 10% additional to the villa booking fee. Included in those services are the concierge service, shopping service and villa cleaning. Extra services such as those of catering for a party and/or drivers can usually be sourced. Please give ample notice as soon as possible; especially at peak holiday seasons and we shall try to assist. We assume no liability for such contracted staff. The rates for these services will be provided in advance and shall be paid by you as incurred.
12. LINEN, TOWELS & LAUNDRY
Linen and towels are included in the Villa. These are normally changed every three (3) days. If you require more frequent changes please contact the villa staff manager. We can arrange basic laundering of your clothes through an external laundry company. Neither we nor any staff shall be liable to you for any loss or damage which occurs during the external laundry service.
Any valuables left at the Koh Samui villa are left at your own risk. Neither we nor any staff is responsible for their loss or damage. Please make sure that you do not leave valuables lying around. There are safety boxes available in each Master Bedroom.
14. DUE CARE AND SUPERVISION
As part of this agreement, guests are required to take care when staying at the villa and be especially watchful of children playing in the gardens, near the entrance of the Koh Samui villa, on the steps and footpaths, close to any glass doors, windows or pergolas, in the pool area and in the pool and on all the indoor and outdoor staircases and the steps down to the beach. Guests recognise that terrazzo is a very slippery surface and the stone paving around the pool area can also be slippery when wet and, accordingly, guests must take extra special care when walking wet in the bedrooms and bathrooms and around the pool area and should not enter the living/dining area when still wet from the pool or rain. We are not responsible for damage or injuries arising as a result of ignoring this.
15. APPLICABLE LAW
These Terms and Conditions and any contract to which they apply are governed in all respects by Hong Kong law and the Hong Kong courts only shall have jurisdiction in relation to any claim or dispute arising out of, or connected with them.
By signing the Booking Form, you confirm that you agree that the above Terms and Conditions will apply to your reservation.
For the purposes of the terms and conditions set out in clauses 1 to 17 above and any Booking Form (as defined below):
"Booking Form" means any form submitted by you and accepted by us or sent to you by us and accepted by you in or substantially in the form set out below.
"Staff" means any of the staff working in the Villa, whether or not directly employed by us or any third party contractor.
"Terms and Conditions" means those terms and conditions set out in any relevant Reservation Form and in the preceding clauses 1 to 17.
"Villa" means, as applicable, the properties known as Villa no.2, Villa no.3 or Villa no.4, the Headland, 296-45 Moo 3, Taling Ngam, Koh Samui, Surat Thani, Thailand, and all the buildings, vehicles and structures around that property.
"We" and "us" means, as applicable, Rainbow Sky Co. Ltd (for Villa no.2), Surfy Day Co. Ltd. (for Villa no.3) and/or Sky Scape Co. Ltd. (for Villa no.4)
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