TERMS AND CONDITIONS

 

Please ensure you have read and understood the terms and conditions. Making an enquiry constitutes your acceptance and agreement to these terms. Terms and conditions are located on each of the individual villa’s websites for your information and understanding.

1. ARRIVAL & DEPARTURE TIMES
Unless agreed otherwise by the Lessor, check in time is 3:00pm and check out time is 12:00pm. Early arrival or late departure will depend upon availability of the villa. The early check in fee is US$500.00 from 10am onwards.
The late check out fee is US$500.00 until 6pm. After 6:00pm, the full daily rate is applicable.

2. REGISTERED GUESTS
Only the number of persons stipulated in the Rental Agreement may reside at the property as guests. Registered guests cannot exceed the number of guests provided at the time of booking by the lessee. Should the Lessor or the Lessor Representative find that the number of people staying at the property exceeds the number of registered guests, the Lessor or the Lessor Representative may, at his or her absolute discretion, ask the extra person or persons to either pay the applicable additional charge as per the published rate or to vacate the property forthwith. The cost for unregistered guests is US$300.00 per person per night.

In case a party is to be organised within the property for a number of guests in excess of the registered guests in the villa, a surcharge of US$1,500 will be applicable. In addition, a guarantee deposit of US$6,000 will be collected on site from which a cleaning surcharge of up to US$350 for the first 50 guests and the full surcharge for over 51 guests when applicable, this will be deducted before refund to the Lessee. Note that any parties must be authorized by the owner, in advance.

3. PETS
No pets are allowed on the entire property.

4. PAYMENTS
A non-refundable 50% deposit is due within 48 hours of booking the villa. For Peak Season (see in the next paragraph below) bookings, full payment is due 90 days prior to Lessee’s arrival date. For bookings during the rest of the year, full payment is due 60 days prior to Lessee’s arrival date.
Minimum stay:
During the Christmas period there is a minimum 7 nights stay (18th Dec – 27th Dec)
During New Year period there is a minimum 10 nights stay (27th Dec – 10th Jan)
Chinese New Year and Easter period there is a minimum 5 nights stay at full bedroom rate
There is a 3 night minimum stay requirement throughout the rest of the year.

5. SECURITY DEPOSIT
A US$2,500 security deposit payable at the time payment is provided. If all bank details have been received prior to the arrival date, it will be returned to the lessee no later than 14 days after check out, less the cost of any damage or breakages during the rental period of the villa, if applicable.

If there is any damage and costs that exceed the amount of the deposit, the Lessee will remain liable to the Lessor to pay the same promptly.

6. CANCELLATION
If Lessee cancels the booking, the Lessor will retain part of the rental amount as follows:
6.1 If Lessee cancels within 45 days prior to the beginning of the rental period the entire rental amount will be forfeited.
6.2 If Lessee cancels 46 days or more before the beginning of the rental period, the Lessor will forfeit 50% of the rental amount.
6.3 For Peak Season bookings, if the Lessee cancels 75 days or more before the beginning of the rental period, the Lessor will forfeit 50% of the rental amount. If Lessee cancels within 60 days prior to the beginning of the rental period, the entire rental amount will be forfeited.

7. LESSEE’S INSURANCE
Each guest must have comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage). Liability insurance is also required.

8. FORCE MAJEURE
Lessor shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of Lessor’s control such as civil disturbances, fires, floods, severe weather, or Acts of God.

9. COMPLAINTS
The Lessor cannot be held liable for interruptions to the supply of water, electricity, Internet connection or breakdown of swimming pool filtration systems, though the Lessor will use their best endeavours to arrange for any such problems to be solved quickly.

If there are any problems during the rental period that could not be solved by dealing directly with the local villa staff, contact the Lessor, the Villa Concierge, or the Lessor’s local representative immediately and they will use their best endeavours to rectify the situation. It is understood that infrastructure, local standards and conditions are often of a less developed nature in a remote resort location than in more urban environments. The Lessor or its representative will do as much as can be reasonably expected to avoid and rectify.

Any complaints should be made in writing to the Lessor within 24 hours of the occurrence.
No complaints to the villa will be considered if made after the departure date.

10. CONDUCT & BEHAVIOUR
The Lessor is responsible for the correct and appropriate behaviour of the guests staying at the villa. Should any member of the party behave in a manner considered inappropriate, either the Lessor or the local representative may at their absolute discretion ask the offending guest or guests to vacate the villa forthwith. No refund can be claimed from the Lessor in such case. The owner or his or her representative may enter the villa at any time.

11. SOCIAL CORPORATE RESPONSIBILITY
Following the association with “The Code” developed by Kuoni Travel, IPSL, the Lessor and the local representative endeavour to contribute to the fight against child prostitution and trafficking.
It is also prohibited to act unlawfully in any way whatsoever and to bring in and/or use/consume any illegal substances. Police authorities will be immediately informed of any offenders.

In addition, in line with its moral duty and respect for the local employees, as well as for the safety of our valued guests and the protection of the property, guests are not permitted to bring male or female joiners back to the villa.

12. STAFF AT THE VILLAS
The service of some staff is included at the villa. Additional services such as those of babysitters and/or drivers can be sourced in advance or on site upon request. Although such services cannot be guaranteed and will depend on availability, the Villa Concierge will do their best to find suitable arrangements.

Under NO circumstances can staff at the villa be asked to look after any minors staying at the villa. The Lessee shall allow staff, pool maintenance and gardeners reasonable access to the villa and the grounds for the purpose of maintaining the villa and the grounds, pool and property.

13. FOOD AND BEVERAGE
All food and beverage items purchased on behalf of guests will be charged to guests at cost plus 20%. The 20% surcharge covers cooking gas, transportation and all costs incurred from cooking and kitchen-related expenses.

14. LINEN & TOWELS
Linen and towels are provided at the villa. We have adopted a “Save the Planet” eco-policy, so the linens are changed every seven (7) days, or as deemed necessary. If more frequent changes are required, there may be extra charges. Towels will be replaced when they are placed in the towel basket.

15. FURNITURE
All interior furnishings and furniture must remain inside the villa, and only exterior furnishings and designated outdoor furniture may be used for external purposes.

16. TRANSFERS
Rates exclude airport pick up and return. Taxis and airport transfers can be arranged through the Villa Concierge. Local taxis can be arranged by the Villa Concierge or the Villa Manager.

17. LESSOR’S INSURANCE
The Lessee agrees not to do, or permit to be done, anything whereby any insurance of the villa against loss or damage by fire may become void, voidable or whereby the rate of premium for any such insurance may be increased.

18. DUE CARE AND SUPERVISON/INDEMNITY
The Lessee accepts and acknowledges that he or she is responsible and liable for the safety and well being of all guests and third parties staying at the villa during the time of the rental.

The Lessee and guests are required to take due care when residing at the villa and be especially watchful of children playing in the gardens, near the entrance from the main road, or near or in the pool. Children MUST be under direct supervision of an adult at all times when staying at the villa.

Furthermore, guests are not permitted to enter the villa when wet from swimming, as the floors can be slippery. Damage or injury arising as a result shall not be the responsibility of Lessor. Lessee accepts and acknowledges and indemnifies and holds the Lessor harmless from and against, any liability resulting from any claims whatsoever as a consequence of accidents leading to injury or loss of life of any guests or visitors of the villa for the duration of the rental.

19. SMOKING
Smoking is not permitted within the villa. Smoking is permissible outside in the grounds. In the unfortunate event that Lessee disregards this rule, USD 300 will be deducted from the security deposit.

20. EVENTS AND WEDDINGS
For weddings and events, the lessee will be required to pay an event fee as per the below and a refundable security deposit of US$6000 will be collected on site from which a cleaning surcharge of up to US$350 will be deducted before a refund to the lessee.

Up to 50 – USD$1,500
51 to 80 – USD$2,500
81 to 100- USD$3,000

All events and weddings must be organized by a professional planner. Villa staff are not able to assist with planning. A plan for the event must be submitted to the Villa Concierge for approval at least 1 month prior to the date of the wedding or event.

21. VALUABLES
A personal safety deposit box is provided in each of the bedrooms. It is strongly recommended that it be used to store valuable items such as passports, cash, traveller’s cheques, mobile phones, cameras etc.

Any valuables left at the property are the guests’ sole responsibility and neither the Lessor nor the staff can be held responsible for any loss of, or damage to, personal property.

22. ARTWORK
All villas contain many precious contemporary and antique art pieces. This collection is part of the uniqueness of the villa. Guests must be aware of the unique nature of these works of art and antiques and be especially cautious to avoid any damage.

Any damage to artworks and antiques during the rental period will be the responsibility of the Lessee and any damages incurred by the Lessor will be set off against the security deposit referred to above and if these damages exceed the amount of the security deposit the Lessee shall be liable to compensate the Lessor for the difference.

23. SEVERABILITY

If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

24. LATE FEE AND ALLOCATION OF PAYMENTS

In the event that any rent payment required to be paid by the Client hereunder is not paid in full by the start of the second (2nd) day of each month, the Client shall pay to Lessor, in addition to such payment or other charges due hereunder, an initial late fee as additional rent in the amount of 15% of the monthly rent amount. Further, a subsequent late fee of 3,000 Baht per day will be incurred by the the Client for every day payment is delayed after the 2nd day of the month.

All future payments will be allocated first to any outstanding balances other than rent. Any remaining monies will be allocated lastly to any rent balance.

25. ASSIGNMENT AND SUBLEASING

The Client shall not assign this Agreement, or sublet or grant any license to use the Property or any part thereof without the prior written consent of the Lessor. Consent by the Lessor to one such assignment, subletting or license shall not be deemed to be a consent to any subsequent assignment, subletting or license. An assignment, subletting or license without the prior written consent of the Lessor or an assignment or subletting by operation of law shall be absolutely null and void and shall, at the Lessor’s option, terminate this Agreement and start the eviction process of the Client and any other occupants.

26. MULTIPLE TENANTS OR OCCUPANTS

The Client and any other occupants is jointly and individually liable for all Lease Agreement obligations, including but not limited to rent monies owed. If the Client, guests, or occupant(s) violates the Lease Agreement, all parties (Client, guests and occupants) are considered to have violated the Lease Agreement. Lessor’s requests and notices to any one (Client, guests and occupants) constitute notice to all occupants. In eviction suits, each Occupant(s) is considered the agent of all other Occupant(s) in the Property for service of process.

27. DEFAULT AND COMPILING OF RENT

If the Client fails to comply with any of the financial or material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by the Lessor, or materially fails to comply with any duties imposed on the Client by statute, within five (5) days after delivery of written notice by the Lessor specifying the non-compliance and indicating the intention of the Lessor to terminate the Agreement by reason thereof, the Lessor may terminate this Agreement. If the Client fails to pay rent when due and the default continues for five (5) days thereafter, the Lessor may, at Lessor’s option, declare the entire balance (compiling all months applicable to this Agreement) of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the Lessor at law or in equity and may immediately terminate this Agreement. The Client will be in default if: (a) Client does not pay rent or other amounts that are owed; (b) Client, guests, or occupants violate this Agreement, rules, or fire, safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (c) Client abandons the Premises; (d) Client gives incorrect or false information in the rental application; (e) Client, or any occupant is arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (f) any illegal drugs or paraphernalia are found in the Property or on the person of the Client, guests, or occupants while on the Property and/or; (g) as otherwise allowed by law.

28. UTILITIES

If the Client fails to comply with any of the financial or material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on the Client by statute, within FIVE (5) days after delivery of written notice by the Lessor specifying the non-compliance and indicating the intention of the Lessor to terminate the Agreement by reason thereof, the Lessor will have the legal right to immediately terminate all utilities, including water, electricity, gas and any other supply to the Property.

29. USE OF PROPERTY

The Property shall be used and occupied by the Client, for no more than TWO (2) persons exclusively, as a private individual residence, and no part of the Property shall be used at any time during the term of this Agreement by the Client for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than private residence. The Client shall not allow any other person, other than the Client’s immediate family or relatives, who are guests of the Client, to use or occupy the Property without first obtaining Lessor’s written consent to such use. Any guest staying in the property more than ONE (1) week in any SIX (6) month period will be considered a tenant, rather than a guest, and must be added to the lease agreement. Lessor may also increase the rent at any such time that a new tenant is added to the lease property. The Client and guest(s) shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Property.

30. SURRENDER OF PROPERTY

The Client have SURRENDERED the Property when (a) the move-out date has passed; and or (b) all Property keys and access devices have been turned in to the Lessor – whichever comes first. Upon the expiration of the term hereof, the Client shall surrender the Property in better or equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted. The Client is fully responsible for hiring, coordinating, and paying for a professional cleaning of all indoor and outdoor areas prior to lease end. If the Client fails to comply and return all Property keys and other access devices to the Property, the Lessor shall have the legal right to immediately change all locks throughout the Property in order to prevent further access to the Property by the Client, guests and any other occupant(s).

31. PERSONAL BELONGINGS

If the Client, for any reason fails to remove personal belongings from the Property within five (5) days after delivery of written notice by the Lessor specifying the NON-COMPLIANCE and indicating the intention of the Lessor to terminate the Agreement by reason thereof, the Lessor have the legal right to remove the Clients furniture and any other private belongings of the Client, guests or occupant(s). The Client, guests and occupant(s) is jointly and individually responsible for the payment of any costs in relation to the removal of Client’s furniture and private belongings of the Client, guests and occupant(s).

32. GOVERNING LAW

This Agreement with its terms and conditions, and any disputes arising out of or related hereto, shall be governed non-exclusively by the laws of the Kingdom of Thailand.

33. DISPUTES

The Parties agree to use commercially reasonable and good faith efforts to promptly resolve any disputes related to this Agreement prior to initiating arbitration or litigation. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof (except to the extent the dispute concerns trespassing or eviction property rights or any claim seeking emergency injunctive relief based on exigent circumstances), shall be resolved by the Phuket Provincial Court for hearing and settlement.

 

DISCLAIMER – ANAYARA BEACH VILLA

To ensure a binding contract with the owner of the Property/Villa all rental clientele must read the terms and conditions shown clearly on the Property website (www.anayaravilla.com) and furthermore fulfil the said conditions of rental as stated above. All terms and conditions must be signed, dated and received by the Lessor / Owner PRIOR to check-in at the said Property/Villa. (Anayara Beach Villa) To ensure a binding contract with the Property/Villa Owner, Agents or Brokers must enter into a Brokerage Agreement provided by the said Lessor/Owner. All photographic representation of the Villa on site conjoined to the Anayara Beach Villa website show true likeness of the Property/Villa. All contents relating to Property/Villa listings and the related conjoined Property/Villa site have been approved and/or provided by the Property/Villa Owner.

 

 

March 2018