Guest deposit or fully payment relates to securing Villa Karpe Diem as advertised and agreed. This property shall be referred to as ‘The Villa’. Any deposit paid for ‘The Villa’ shall be taken as confirmation of acceptance of the following terms and conditions. Villa Karpe Diem reserves the rights to amend/add at its own discretion, anytime and without prior notification.
1.1. Provisional Confirmation of Availability and Rates
Upon receipt of a request for availability, the applicable villa rates and the amount of deposit required shall be confirmed. Bookings are on right of “first come, first to be served” basis.
1.2. Exclusions & Additional Charges
Rates do not include personal items and expenses, and any excessive cleaning required upon departure or replacement of breakages. Fair wear and tear accepted.
Villa rates quoted by representatives of ‘The Villa’ are on a per night basis. Check-in is from 3 pm, check-out by 11 am.
Only those persons stipulated on the booking form may reside at the property as guests. Please notify us as soon as possible of any changes. Rates quoted allow for maximum occupancy of ‘The Villa’ as agreed in advance.
2.1 If the guest has made a percentage deposit in order to secure the booking, final payment consisting of the outstanding balance must be received by ‘The Villa’ at least 30 days prior to guest arrival (or 100% together with the Reservation Form if booked less than 30 days in advance of arrival).
2.2 Failure to make the final payment on timely basis will make the reservation subject to automatic cancellation and any amount paid will be forfeited.
2.3 Expenses for money transfer will be charged from the guests. Rates for accommodation are quoted in USD.
3. CANCELLATIONS TO RESERVATION
3.1 If it becomes necessary to cancel all or any part of the booking, ‘The Villa’ must be notified in writing (email acceptable). The cancellation will take effect from the day the written confirmation is received. The following cancellation charges will be payable depending on when the notification of the cancellation is received in writing:
3.1.1 More than 30 days before arrival: The deposit will be forfeited and all other payments will not be refunded, but kept as a credit for 1 year from the date of cancellation as confirmed by ‘The Villa’. The credit amount can be used by the client or anyone on their behalf for any reservation, during any period and solely for ‘The Villa’ reserved.
3.1.2 Less than 30 days before arrival date: all rental payments (100%) are forfeited.
3.2 In case the deposit was paid and the balance will not be paid, all payments are forfeited with immediate effect and no notification will be issued.
3.3 If the dates of the booking need to be changed or amended, this may be treated as cancellation of the original booking and cancellation charges may apply.
3.4 Any change to the original reservation is subject to the approval of ‘The Villa’.
4.1 Any damage caused by guests staying at ‘The Villa’, which is deemed to be over and above acceptable wear and tear, is chargeable to the guest. The agreed amount to charge is based on replacement value of each item. Guest damage charges are payable to ‘The Villa’ representative prior to checkout date.
5.1 It is a condition of the booking that the entire party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance. ‘The Villa’ is not 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, car, jeep or motorbike rental etc.
5.2 ‘The Villa’ shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside the Villa’s control such as civil disturbances, fires, floods, severe weather, acts of God, acts of Government, termination of supply of electricity and water on the Samui Island or ‘The Villa’ area etc.
6.1 ‘The Villa’ is in no circumstances responsible for any loss, expense, damage, claim or injury either directly or indirectly, consequential or otherwise whatsoever, however caused or incurred (within or outside the premises of ‘The Villa’).
6.2 If any accommodations and/or services are substituted, ‘The Villa’ will act 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.
6.2.1 ‘The Villa’ is not responsible for any deaths and injuries whatsoever within or outside its property, e.g. falls from the terrace, staircases, balconies, accidents in swimming pool.
6.2.2 ‘The Villa’ is not responsible or liable for any personal injury or death casualty of accompanying children, whatsoever. Parents or legal guardians acts at their own risk and are solely responsible for the safety of their children. This includes using the swimming pool.
6.3 By acceptance of this contract and/or the transfer of the deposit, the client agrees, to the disclaimer of liability, written above and that this requirement has and will be complied with full extent.
6.4 ‘The Villa’ is not responsible or liable for any personal injury or death casualty of accompanying children whatsoever. ‘The Villa’ is not considered suitable for children under12 years. Risks to children are, e.g. the height of its terrace, its swimming pool which is not guarded and electrical sockets, which don’t have child protection, etc. Adults guests are fully responsible for the safety of their children.
7.1 ‘The Villa’ does not accept responsibility for the breakdown of the supply of water, or electricity, nor of swimming pool filtration systems, though we will use our best endeavors to arrange for any such problems to be resolved quickly.
7.2 ‘The Villa’ will do as much as it 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 ‘The Villa’ within 24 hours of the occurrence giving rise to the complaint.
7.3 Should a problem remain unsolved please make an immediate complaint in writing (email acceptable) to the representative of ‘The Villa’ before 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.
7.4 ‘The Villa’ is not responsible, nor is it liable for any external or environmental noise or other disturbance arising out of its control.
7.5 No complaints will be considered if made after the departure date or if not acknowledged by ‘The Villa’ owner or ‘The Villa’ representative.
CONDUCT & BEHAVIOUR
7.6 Should any member of the party not behave in such manner, the owner or ‘The Villa’ representative may at their absolute discretion ask the offending guest or guests or guests to vacate ‘The Villa’ forthwith.
7.7 The whole villa is a non-smoking area, except the pool, sun deck and car park areas. It is strictly forbidden to throw any cigarettes, cigars, lighters or other things, except on devices like ashtrays, after having put out the fire with water. It is specially forbidden to throw anything outside the handrails and balustrades of the terraces or in the garden.
7.8 It is not allowed to sit or lie down on any inside villa furniture being wet or having sunscreen on the skin (or any kind of cream, oil or mosquito spray), which will be in contact with the furniture. Any damage, which occurs, Section 4 applies.
7.9 ‘The Villa’ behavior rules do not allow any kind of discrimination towards villa staff on sex, race and class lines.
7.10 In severe cases, this will be treated as a cancellation of the original booking and no refund can be claimed from either ‘The Villa’ or ‘The Villa’ owner or the local representative.
8. SOCIAL CORPORATE RESPONSIBILITY
8.1 It is also prohibited to act unlawfully in any way whatsoever and to bring in and/or use/consume any illegal substances. Any offers will have to face local authorities in such a case. 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. The local representative reserves the right to request anyone to vacate the property at any time.
9.1 Any valuables left at the property are left at one’s own risk. Neither ‘The Villa’ nor the owners nor the staffs are responsible for their loss or damage. Please make sure that no valuables are lying around.
10. DUE CARE AND SUPERVISION
10.1 As part of this agreement guests are required to take care when residing at ‘The Villa’ and be especially watchful of children playing in the gardens, near the entrance of the property, in the staircases, close to the tempered glass, railing, the pool area and in the pool, all staircases in The Villa’ and at the balconies and terraces.
10.2 Furthermore guests are not permitted to enter the building when still wet from the pool because the floor can be slippery. Damage or injuries arising as a result shall not be responsibility of The Villa’ or The Villa’ owner in any way whatsoever.
11. APPLICABLE LAW
These terms and conditions and any contract to which they apply are governed in all respects under the law of Thailand and any/all the parties fully accept to elect the Court of Koh Samui, Suratthani, Thailand as exclusive jurisdiction in case of disputes/litigation.
12.1 The Guests agree to the above terms and conditions and do hereby agree to the application of the above Terms and Conditions at the time of the reservation.