Lime Samui

Rental Booking Terms & Conditions (June 2021)

Introduction

Booking a private villa (the “Property”) at Lime Samui is quite different from booking a regular hotel room, especially with regards to payment and cancellation terms. Please do not just tick the box to accept these terms and conditions (as we all typically do!) – please read the following conditions carefully.

White Rose Samui (“WRMC”) acts as a wholesaler for the property owner (the “Owner”) and their representatives. Each time a Guest confirms a booking of a Property through WRMC, a rental contract is entered into between WRMC and the guest in whose name the booking is made (the “Guest”) for the agreed period (the “Rental Period”). Each time a Guest books a Property through WRMC, the Guest is deemed to have agreed to these terms and conditions and furthermore is deemed to have agreed for personal data to be processed by WRMC and the Owner with regards to the Rental Contract. The Rental Contract is not effective until WRMC has confirmed the Guest’s booking in writing.

Payment & Additional Costs

When the Guest makes a booking request, the Guest must make the appropriate deposit payment within 5 working days of availability confirmation. If the required deposit payment is not received within the 5 working day period, WRMC reserves the right to void the Guest’s booking request. The following deposit payment are applicable and must be received by WRMC:

During Low, Shoulder and High Seasons

For rentals beginning more than 45 days after the date of the booking request a deposit of 30% of the total rental amount is payable with the balance payable 45 days before the scheduled arrival date.
For rentals beginning 45 days or less after the date of the booking request the total rental amount is payable in full.

During Peak Season (Christmas & New Year)

For rentals beginning more than 75 days after the date of the booking request a deposit of 50% of the total rental amount is payable with the balance payable 75 days before the scheduled arrival date.
For rentals beginning 75 days or less after the date of the booking request the total rental amount is payable in full.

Payments are to be made to WRMC via international bank transfer, net of all bank charges.

The cost of electricity, mains water, cleaning and garden supplies, and local taxes are included in rental rates. There are generally no additional costs, surcharges, taxes, staff salaries, or management fees above the price.

Typically, provisioning costs will be the Guest’s responsibility. Gratuities for villa staff are encouraged and normal but are left entirely to the Guest’s discretion.

Security Deposit

A security deposit may be payable prior to arrival at the Property. A valid credit card from the main guest will be required prior to check in to guarantee incidental charges as well as any possible damage that might occur during the stay. If for whatever reason the main guest does not have a valid credit card with the required balance, cash (USD, EUR, GBP, CHF) will be accepted. However, WRMC has the right impose a different requirement on a case by case basis. Access to the Property may be refused if security deposit is not paid in full. When the security deposit is required to be paid in cash, or when a non-standard security deposit applies, WRMC will inform the Guest in advance of the amount payable and any other conditions.

The security deposit will normally be refunded at the end of the rental period, after deducting:

all additional expenses incurred on the Guest’s behalf (e.g. additional charges for goods, services and staff which have not been directly paid by the Guest, and telephone and internet charges, if applicable) and
the cost of replacement or repair for any loss or damage to the Property or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined prior to the Guest’s departure, the Owner or the Owner’s Representative is entitled to withhold a reasonable estimate from the Guest’s security deposit and will return any balance to the Guest as soon as possible after the actual cost has been determined.

Arrival and Departure Times

Typical check-out and check-in times are 12:00 noon and 3:00pm respectively unless stated otherwise. WRMC will work with the Owner to try to accommodate the Guest’s actual arrival and departure times, subject to availability. An additional fee may be applicable and will be advised at the time of booking. Please advise WRMC of any changes to the Guest’s schedule so every effort can be made to accommodate them.

Insurance

It is a mandatory condition of the booking that the entire party is covered by comprehensive All Risk Travel Insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage). WRMC or the owners are of the rented properties are held harmless by you and your party against all claims including any accidents related to the use of the villa facilities or locally procured third party services such as , but not limited to, watercraft, water sports, jeep or motor bike rental. WRMC shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of WRMC’s control. By acceptance of this contract it is assumed by WRMC that this requirement has and will be complied with in full.

Damage or Losses

A Property is typically someone’s home. Please treat the Property rented accordingly and leave the Property and all its contents in good order and in an acceptably clean condition.
Any damage or losses caused during the Rental Period, as well as any special cleaning requirements will be the Guest’s responsibility and may be charged to the Guest’s account and deducted from the Guest’s security deposit. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, WRMC may require the Guest and their party, including visitors to vacate the Property immediately, without compensation or refund.

Number of Guests

The number of persons (adults and children) staying at the Property must not exceed the maximum number of sleeping places indicated in the booking confirmation, unless specifically authorized in writing. Exceeding this number may invalidate any insurance policy on the Property. Entry or access to the Property may be refused or limited where the number of guests exceeds the stated number. No pets are allowed unless agreed in writing in advance.

Extra beds are available at USD 50++ per night, per person, inclusive of daily breakfast and airport transfers.
Infants under 2 years old age stay free sharing existing bedding with parents.
Baby cot provided free of charge upon request and subject to availability. Advance booking is required.

Use of Property

All bookings are assumed to be for normal holiday purposes only, and the Guest agrees that the use of the Property will be limited to this purpose unless otherwise confirmed in writing.
If the Guest is planning to hold an event, such as a wedding or party, which involves having a larger number of people at the Property, or if the Guest is planning to use the Property for a purpose other than holiday, please communicate this to WRMC at the time of booking as special approval or arrangements may be required. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation. Note that the Property is on an estate and subject to rules and regulations regarding their use. Therefore, it may not always be possible to grant permission for certain uses or activities due to these or other reasons beyond the control of WRMC or the Owner.

If WRMC has confirmed a booking which includes an event at the Property, in certain circumstances the Guest must then obtain permits from the police and the local community before the event can proceed. The Guest acknowledges and agrees that WRMC cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Property, WRMC will refund any event fee paid by the Guest, however WRMC will not be liable for any further refund or payment to the Guest.

Conduct and Due Care

Properties are located in tranquil private estate. The Guest is asked to respect this and ensure that all guests and visitors to the Property behave appropriately. Illegal or immoral activities including gambling, prostitution, prohibited drugs, possession or use of pyrotechnics or dangerous goods, and possession or use of firearms and other weapons are all strictly prohibited. Smoking is not allowed in bedrooms and enclosed areas. Please use the designated smoking areas.

The Guest is responsible for the behaviour of the guests staying at the Property, as well as visitors to the Property during the Rental Period. Should any guest(s) or visitor(s) not behave in a suitable manner, WRMC may, in their absolute discretion, require the Guest, their party and/or visitor(s) to leave the premises and/or vacate the Property immediately, without compensation or refund

In the interests of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be given around pools, staircases, areas with drop-offs, beaches, roads and when using all Property’s facilities.

Access to Property

The Property and its facilities are available for the Guest’s full enjoyment during the Rental Period. However WRMC, the Owner, Owner’s Representative or other staff and contractors may need access to the Property from time to time (e.g. for maintenance purposes to the house, garden, swimming pool, utilities and services, or for the purposes of providing additional services requested by the Guest, etc.). The Guest is required to give them reasonable access to the Property for these purposes.

Valuables and Security

Personal safes are provided at the Property. Any Guest’s valuables or property left or used at the Property are at the Guest’s own risk. Neither WRMC, the Owner nor the Owner’s Representative accepts any responsibility for loss of or damage to Guest property. The Guest is responsible for the Property during the Rental Period and must ensure that all windows and doors are locked securely when not on the premises. Any act or omission by the Guest, their party and/or visitors which may negate or prejudice the Property’s insurance policy and/or results in loss or damage is the Guest’s responsibility.

Price Fluctuation

Once the Guest’s booking is confirmed, the price of the Guest’s reservation is fully guaranteed, even if WRMC changes the price on its website after the Guest’s booking has been confirmed. In return for this commitment, no refunds will be made for any exchange rate fluctuations that would otherwise reduce the rental cost.

WRMC reserves the right to impose any taxes or other charges which may be implemented by any government or other regulatory body, which were unknown at the time of publishing. WRMC will tell the Guest promptly in the unlikely event that it becomes aware that any taxes or charges will apply to the Guest’s booking.

Amendments

WRMC will do its best to accommodate any reasonable amendments, but the Guest should be aware that some changes may not be possible.

In the unlikely event that WRMC is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Property booked by the Guest, WRMC reserves the right to transfer the Guest and their party to an alternative Property of the similar type and value, in consultation with the Guest. If the price of the substituted Property is less than the original booking, the difference will be reimbursed to the Guest. If the price of the substituted Property is higher than the original booking, the difference may be charged to the Guest. If, however, after considerable effort by WRMC, no alternative of similar type and value is available and / or no agreement can be reached between the Guest and WRMC, then either WRMC or the Guest may opt to cancel the booking and this Rental Contract. In that event, WRMC will refund the Guest all monies paid less any bank transfer charges, without further compensation.

Cancellations

Standard Cancellation Policy

If a guest cancels a confirmed booking, this has to be notified in writing (e-mail acceptable). The cancellation will take effect from the date the written confirmation is received. If the dates of a booking require to be amended, this may be treated as a cancellation of the original booking and cancellation charges may apply. Any changes to the original reservation is subject to approval of WRMC.

The below cancellation charges also apply if WRMC cancels the booking due to non-payment of the balance.

During Low, Shoulder and High Seasons

30 days or more before arrival date: All payments are forfeited but credited for 12 months from the date of the cancellation confirmation by WRMC reservations. The credit value can be used by the client or anyone on their behalf upon availability and solely for the villa initially reserved.
Less than 30 days before arrival date: All rental payments are forfeited.

During Peak Season (Christmas & New Year)

75 days or more before arrival date: All payments are forfeited but credited for 12 months from the date of the cancellation confirmation by WRMC reservations. The credit value can be used by the client or anyone on their behalf upon availability and solely for the villa initially reserved.
Less than 75 days before arrival date: All rental payments are forfeited.

For no-show (all seasons): 100% of total rental amount will be forfeited. Early departure penalty will be subject to negotiation with WRMC.

The applicable amount will be deducted from the deposit and moneys paid, and WRMC will refund any remaining balance to the Guest

Flexible Covid-19 Cancellation Policy (June 2021)

Flexibility is required for travel planning in these difficult times.

The following flexible cancellation policy will apply for all new bookings made from 1st June 2021 onwards:

In case you have to cancel your booking and wish to claim with your travel insurance, we will supply you with the required documentation.
Alternatively, if there is a travel ban or a do-not-travel advice to Thailand issued by authorities, or if you are subject to government-enforced quarantine, we will be happy to accept your cancellation without charge and give you the option to move your stay within 12 months of the original arrival dates. Credit will be applied for the same amount paid during the reservation and for the same villa. With the credit you can choose your new travel dates at a later stage. A supplement might apply if you choose a higher-priced season.

Terms and Conditions:

Credit is based on the booking value paid.
Credit valid for 12 months from the arrival date of the initial booking.
Any unused credit will not be refunded and if the booking value is higher, the difference must be paid.

Complaints

Every attempt will be made for the Guest to have an enjoyable stay. If the Guest should have a problem during the Rental Period, please inform WRMC who will endeavor to put things right. In order for the Guest’s complaint to be addressed, the Guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, WRMC will assume that the Property was to the Guest’s satisfaction and no complaint will be entertained.

WRMC’s Responsibility

The descriptions, assessments and/or ratings of Properties and surrounding locations that WRMC publishes or gives to the Guest are provided in good faith and in the belief that they are accurate based on the latest information received. However, WRMC cannot be held responsible for any last-minute modifications to the Properties or inaccuracies. Where WRMC publishes or refers to descriptions, assessments and/or ratings of the Property either by WRMC or by third parties, these ratings are for information purposes only and WRMC will not be held responsible for any reliance placed on these ratings.

Disclaimers

WRMC, does not accept any responsibility or liability for:

any physical injury, sickness, death, loss, damage, inconvenience or additional expenses incurred by the Guest, their party or visitors regardless of the cause.
any vehicle or the contents of any vehicle used, hired or engaged by the Guest or their party during the Rental Period.
inability of the Guest or any member of the Guest’s party to enter the location of the Property or stay at the Property for all or part of the Rental Period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or
strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any technical, structural, electrical, plumbing or other problems or difficulties with the Property which make it unsafe or unusable, or any other circumstances which amount to ‘force majeure’ or Acts of God, or other events beyond the Owner’s control.

In no case will WRMC, the Owner or the Owner’s Representative individually or collectively be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.

Jurisdiction

This Agreement is governed by the Laws of the Kingdom of Thailand and the parties submit to the jurisdiction of the Courts of Thailand for dispute resolution provided that the parties shall use their best endeavours to resolve disputes amicably before resorting to court action.

If any of the conditions of this Rental Contract are or become or are deemed to be invalid, or if there is any omission from any terms and conditions, the remaining terms and conditions will remain valid and enforceable and cannot be contested.