Terms & Conditions
RENTAL AGREEMENT TERMS & CONDITIONS
Revised December 2021
1. Arrival and Departure Times
Standard check in time is 3:00pm and check out time 11:00 am unless other arrangements have been made and agreed upon by the Owner or the representative of the property. Early arrivals or late departure times are subject to the availability of the villa and extra fees will be imposed. Please refer below for the applicable corresponding fees in the Rental Agreement:
Check - in Time:
Before 12:00 noon - 50% of the regular daily rate
Check - out Time:
Until 6:00 p.m. - 50% of the regular daily rate
After 6:00 p.m. - 100% of the regular daily rate
2. Registered Guests
Only the specified number of guests listed in the Rental Agreement at the time of booking may reside on the premises. The number of registered guests given at the time of the booking is the maximum number of guests allowed. Total number of occupants must not exceed the quoted number unless agreed. If the Owner or the representative of the property finds that an additional number of guests are staying at the property, it is at the absolute discretion of the Owner or the representative of the property to ask the extra guest or guests to vacate the premises. Otherwise, each additional guest will be charged a published rate of US$300.00 per night.
No camping is permitted in the garden.
3. Minimum Stay Requirements
There is a minimum three (3) nights stay requirement for most of the year. For Peak Seasons (i.e., Christmas & New Year), the minimum stay is seven (7) nights. For other holidays such as Easter and Chinese New Year, the minimum stay is five (5) nights. Dates for these holiday periods are clearly stated in the web site booking calendar.
4. Payment Requirements
Quoted daily rental rates are based on a maximum of eight (8) guests. The villa may be able to cater for additional guests which will be charged extra. Prices can be available at the time of booking enquiry.
To secure the booking less than six (6) months prior to arrival date, a non-refundable deposit of at least 50% of the total amount is due within three (3) calendar days / 72 hours of Guest confirmation of intention to book. Booking the villa more than six months in advance prior to the arrival date, a non-refundable deposit of at least 25% of the total amount is due within three (3) calendar days / 72 hours upon booking and another 25% is due six (6) months prior to the expected arrival date.
Payments are non-refundable, but exceptions may be considered by the Owner or the representative of the property at their sole discretion, and subject to, being able to rent the dates in question to another party at a comparable rate.
Payment must be fully settled: thirty (30) days prior to the arrival date, or if that date has already passed, then within three (3) calendar days / 72 hours of guest confirmation of intention to book.
5. Security Deposit
A refundable damage deposit of USD$1,000.00 (security deposit) is required by the Owner prior to arrival date.
The security deposit will be authorized on credit card (or other method approved by the Owner) five (5) calendar days before arrival, or can be paid by bank transfer ten (10) calendar days before arrival. The security deposit will be released and returned to the Guest within five (5) calendar days after check out.
In the event that the villa incurred damages or any breakages during the stay of the Guest, permitted occupants and invitees the costs will be deducted from the security deposit. This excludes normal and acceptable wear and tear. The condition of the property will be judged at the sole discretion of the Owner or the representative of the property. If the value of damages or breakages exceeds the amount of security deposit, the Guest, by acceptance of these rental terms, agrees to be held liable to pay the outstanding amount to the Owner within one (1) calendar month of the damage or breakages occurring.
6. Cancellation Policies
All cancellations made by the Guest are subject to penalties below:
A) If the Guest cancels the reservation forty-five (45) calendar days or more prior to arrival date, all payments are forfeited but credited for nine (9) months from the date of the cancellation confirmation by the Owner. The credit value can be used by the Guest or anyone on his or her behalf for any reservation, during any period upon availability and solely for the villa initially reserved.
B) If the Guest cancels the reservation within forty-five (45) calendar days prior to the arrival date, all rental payments are forfeited. A full or partial refund is solely applicable in the event that the Owner secures another reservation covering partially or fully the initial cancelled reservation.
C) For Peak Seasons, as stated in Clause 3: Minimum Stay Requirements, of the Terms and Conditions, any cancellation after the deposit and / or balance payment, all payments are forfeited.
The above cancellation charges also apply if the Owner cancels the booking due to non-payment of the balance.
7. Changes of Reservations
Any changes made to the reservation dates after confirmation are considered to be a breach of the Rental Agreement and is considered to be a forfeit of the Rental Agreement. All payments made are subject to the cancellation conditions stated in Clause 6: Cancellation Policies, of these Terms and Conditions.
8. Guest Insurance
Guests are required to have comprehensive travel insurance that provides coverage, including, but not limited to, personal liability, booking cancellation, loss and damage to baggage and other property / valuables, and flight delays. Guest, permitted occupants and invitees should also carry health coverage that includes, but is not limited to evacuation and repatriation. The Owner shall not be held liable to the Guest, permitted occupants and invitees for any and all claims, including any accidents related to the use of the property and property facilities, or locally procured third party services such as: brought-in food/drink, massage, sports, water sports, car/jeep/motorbike rental, etc.
9. Force Majeure
In the event of incidents such as fires, floods, civil disturbances, severe weather, Acts of God, and any other type of delay, inconvenience, or expenses caused directly or indirectly by events outside of the Owner's control, the Owner shall not be held responsible.
10. Complaints
Any problems or complaints that occur during the rental period should be discussed first with the Villa Housekeeping Staff. If the Villa Housekeeping Staff are unable to quickly resolve the issue to the Guest satisfaction, then the Guest shall consult the Villa Concierge who will endeavor to rectify the situation to the best of their professional ability. If the Villa Concierge are unable to resolve the issue to the Guest satisfaction, then the Guest shall consult the Owner or the representative of the property, who’s decision shall be deemed final.
The Owner cannot be held liable for issues such as interruptions to water supply, electricity, internet connection, cable TV, or breakdowns of the lift or pool filtration systems, etc. The Owner or the representative of the property will do everything within reasonable expectation to avoid complaints in the first place, but it should be understood that when staying in a less developed and remote resort location, the infrastructure, local standards, and conditions are typically much less developed than in urban environments.
In case of locally unresolved complaints, Guest should inform the Owner immediately in writing. Any complaints made two (2) calendar days / 24 hours after Guest checkout, will not be considered.
11. Conduct and Behavior
When renting the villa, the Guest maintains responsibility for the appropriate behavior of the Guest, permitted occupants and invitees. If any guest behaves in an inappropriate manner, including harassment or ill treatment of Villa Housekeeping Staff, the Owner or their representative, at their absolute discretion, may ask the offending party to leave the premises. In this case, no refund shall be claimed by the Guest. In addition, the Owner of the villa or representatives of the Owner reserve the right to enter the premises at a reasonable time in order to gain access to complete repairs, perform maintenance, or to show the villa to any prospective Guest.
Cultural Responsivity - Please respect the Thai culture at all times. A Thai Spirit House is located in the garden to ensure the wellbeing of all villa occupants. Please ensure all guests, and especially children, are respectful and observe Thai culture and tradition.
12. Social Corporate Responsibility
Unlawful possession, use or consumption of any illegal substances is prohibited in the villa. Unlawful behavior is also prohibited. The Police will be contacted immediately if there is any violation. No refunds, including forfeit of security deposit shall be made in these circumstances. For the safety of our Guest, permitted occupants and Villa Housekeeping Staff, as well as for protection of villa property, Guest and permitted occupants are not allowed to bring male or female joiners back to the villa, and no unregistered guests are allowed for overnight stay without prior approval of the Owner or the representative of the property. [NB: By law, Guest and permitted occupants of the villa have to be registered with the Thai immigration authorities]
13. Weddings and Events
For weddings and events, the Guest will be required to pay an event fee. All events and weddings can only be organized with the approval of the Owner, and in cooperation with the Owner / Villa Concierge. At least one (1) month prior to the date of the wedding or event shall be given. Request for quotation and Terms and Conditions for Events can be provided upon request.
14. Villa Housekeeping Staff
To Villa Housekeeping Staff service to assist with your stay is included in your stay at the villa from 08:00Hrs to 20:00Hrs.
On occasion, and with prior notice the Villa Housekeeping Staff are also available for special events (e.g., babysitting) or early morning breakfast. (Extra hours will be charged at the discretion of the Villa Concierge).
At your own discretion, tip(s) may be given to the Villa Housekeeping Staff.
Asking Villa Housekeeping Staff to look after minor children during your stay is not allowed.
The Guest must allow Villa Housekeeping Staff to undertake daily villa cleaning, make-up beds, etc., as well as pool cleaning/maintenance workers and gardeners access to the property in order to complete their work.
15. No Pets
There is a strictly NO PETS policy in the villa.
16. No Smoking
Smoking cigarettes, cigars or shisha is NOT permitted inside the villa (i.e., bedrooms, kitchen, lounge, games / cinema rooms). Smoking inside the villa will incur a fixed penalty fine (US$200.00) and the Guest, permitted occupants and invitees may be asked to leave the villa without refund, including forfeit of security deposit. Smoking is only allowed outside on the second and first floor terraces at the designated areas, and in the garden, where ash trays can be provided by Villa Housekeeping Staff.
17. Noise and Nuisance
Guests, permitted occupants and invitees shall not cause any nuisance, inconvenience, or annoyance to neighbours, some of whom live in the community full time. Noise must be kept at a reasonable minimum level, especially from 22:00Hrs to 08:00Hrs while guests are sleeping.
18. Food and Beverage
Guests, permitted occupants and invitees may not consume food in the bedrooms and second floor living room. All rentals include Chef Service for Continental style Breakfast (i.e., buffet-style meal that typically includes items such as, toast and condiments, pastries, fresh fruit, juice, cereals, and beverages)
The villa Chef Service can also provide guests with in-villa dining, including a range of Western and Asia meals, including BBQ. Menu, prices and terms of service is available at the villa, and can be downloaded on the villa web site.
NB: The villa Chef Service cannot cater for any food allergies or special food related requests.
Takeaway meals can be procured and collected by Villa Housekeeping Staff or delivered to the villa; such food purchased on behalf of the Guest, permitted occupants and invitees, if collected, are charged at a cost price plus a 20% service charge that covers transportation, food preparation, washing plates, and utensils. Guest, permitted occupants and invitees are required to pay cash (COD) on delivery of the food/drink.
A complimentary drinking water cooler is provided for the enjoyment of the Guest, permitted occupants and invitees. Please use responsibly.
19. Linens and Towels
Linens, bath towels and pool towels are provided by the villa. Due to our eco-friendly Blue Sky policy linens are changed every three (3) days. Bath towels can be replaced upon request to the Villa Housekeeping Staff. Additional charges may apply if more frequent linen / bath towel changes are needed. The Guest shall be liable for the replacement cost of any ‘lost’ linen / bath / hand towels, such charges will be deducted from the security deposit.
Items such as bedding, washing, or clothing articles should not be hung to dry where it is visible to another residence or common property on the estate. Laundry of personal clothing by a third party can be arranged at the Guest’s cost, the Owner shall not be held liable for any loss or damage by the third party.
20. Airport Transfers
Rates include one (1) airport pick up and return service. Extra airport transfer is with additional charge at THB 1,000 per trip. Any airport transfers may be arranged through the Villa Concierge.
21. Utilities
Utility costs are included with the rent. Windows must be closed while air-conditioning is in use. The Villa abides with an eco-friendly policy. Therefore, we request that all air-conditioning must be switched off in the bedrooms when not in use, and all areas when you need to go out or stay outside of the villa for a long time. Villa Housekeeping Staff have been instructed to switch off air-conditioning when rooms are not occupied. Guest must comply with this policy, or may be charged for the extra cost of electricity. Guest should turn off all lights, gas, and unutilized electric devices at night, or when you are not in occupation.
22. Furniture, Fixtures and Fittings
Interior furnishings must remain inside the villa, and only designated outdoor furniture can be used on the first and second floor terrace. Guest, permitted occupants and invitees shall not sit / lay on the beds or sofas with wet swimmers / towels on. Only use the sun loungers provided on the terrace.
Guest, permitted occupants and invitees shall not tamper with any faulty fixture or fitting and report malfunction immediately to the Villa Housekeeping Staff.
23. Owner Insurance
The Guest, permitted occupants and invitees must not do, or allow anything to be done that may cause the villa's insurance against loss or damage by fire to become void or cause insurance premiums to be raised. It is prohibited to act unlawfully in any way whatsoever and to bring in and/or use/consume any illegal substances in the villa. We reserve the right to notify the local authorities of any offenders.
24. Due Care and Supervision / Indemnity
It is understood that the Guest is responsible and liable for the safety and wellbeing of its guests, permitted occupants, and invitees, while staying at the villa. Both the Guest, permitted occupants and invitees are required to take due care during their stay and take precautions such as supervision of children in the garden, near the entrance, and near or in the pool. All children must be under the direct supervision of an adult at all times. No guests are permitted to enter the villa while they are wet from swimming, as floors may become slippery. Damages or injuries resulting from the above mentioned scenarios are the responsibility of the Guest. The Guest indemnifies and holds the Owner harmless and free of any liability resulting from such claims that result as consequences of accidents leading to injury or loss of life.
The Guest fully indemnifies the Owner for any liability for loss or damage to personal items / belongings to the Guest, its permitted occupants and invitees. The Guest shall ensure that all sliding doors and windows are locked and secure at night. Our Villa Housekeeping Staff will check for security, but the responsibility for securing access to the villa lies with the Guest.
25. Valuables
Guest, permitted occupants and invitees are responsible for their personal belongings. Valuable items such as passports, phones, cameras, traveler’s checks, cash or jewelry, etc., should be stored in the safety deposit box provided in the villa. Neither the Owner nor the Villa Housekeeping Staff can be held responsible for any valuables left behind, lost, or damaged during your stay. Guest shall notify the Villa Housekeeping Staff if keys are lost or damaged. Guests shall bear the replacement cost, a fee of USD 25.00 levied per key.
26. Cinema, Games, Pool Table, WiFi and Sound System
A large screen projection cinema with access to IPTV, Netflix, YouTube, movie library and Spotify, together with a PlayStation (PS4) is provided for guest enjoyment. The large screen should always be fully retraced when not in use. Guest, permitted occupants and invitees cannot purchase any product on-line, delete, modify or change settings of any of the equipment provided.
A competition size American pool table is provided for guest enjoyment. Children under the age of 12 years must be closely supervised at all times by an adult. Guest will be liable for the cost of any damage caused to the pool table by improper use, the Owner has the right to deduct any such repair cost from the security deposit. For information, the cost of replacing a damaged / ripped pool table cloth is USD 2,000.00.
27. Artwork and Antiques
Guest, permitted occupants and invitees must be aware that the villa contains precious contemporary and antique pieces of art unique to the villa, and must take care to avoid causing any damage to them. Guest shall be held liable for any artwork or antiques damaged during the rental period and the costs will be set-off against the aforementioned security deposit. If the value of damages or breakages exceeds the amount of security deposit, the Guest, by acceptance of these rental terms, agrees to be held liable to pay the outstanding amount to the Owner within one (1) calendar month of the damage or breakages occurring.
No commercial photography within the villa and its compound for promotion and/or advertising purposes is allowed, unless with prior approval of the Owner or the representative of the property.
28. Swimming Pool and Jacuzzi Safety Regulations
The swimming pool and Jacuzzi is a fresh saline water pool and no chlorine is used. As per Clause 24: Due Care and Supervision / Indemnity, the Guest will fully indemnify the Owner for any injury to guests, its permitted occupants and invitees. The Guest will be responsible to ensure its guests, permitted occupants and invitees comply with the following rules at all times:
a) All users must use the fresh water shower before entering the pool.
b) Eating, drinking and smoking is prohibited in the swimming pool.
c) NO diving or jumping in from any side of the pool.
d) NO walking around the outside / infinity edge side of the pool.
e) NO standing on the submerged pool stools. Children especially could easily fall over the infinity edge.
f) NO pool inflatables are allowed in the pool as they can easily be blown over the infinity edge.
g) NO life-saving equipment is provided; Guest’s must provide their own flotation supports / arm bands for children.
h) NO breakable items, e.g., drinking glasses, glass bottles, china, etc. are to be used in or around the pool and Jacuzzi. Acrylic glasses are provided for your safety and convenience and plastic beakers for children are located at the water cooler. If broken glass enters the pool and/or Jacuzzi, for safety reasons it must be drained, cleaned and refiled at the expense of your security deposit. For information, the cost for draining, cleaning and refilling the pool is USD 2,000.00.
29. Choice of Law and Jurisdiction
Any Rental Agreement entered into will be with the acceptance by both parties of these Terms and Conditions. The Rental Agreement shall be governed by and construed in accordance with the laws of Thailand. Any dispute, controversy, difference or claim arising out of or relating to the Rental Agreement, including existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved under the exclusive jurisdiction of the Thai courts.