TERMS AND CONDITIONS
Kij Pailin Co., Ltd. or nominee (“Property Manager”) acts as a manager for the Borderless Villa located at 133/2 Moo 1, T. Paklok A. Thalang Phuket 83110 (“Property”). Each time a guest confirms a booking of the Property through the Property Manager’s booking portal, this Rental Contract is entered into between the Property Manager and the guest in whose name the booking is made (the “Guest”) for the agreed period (“Rental Period”). When a Guest books the Property through the booking portal, the Guest is deemed to have agreed to these terms and conditions, and for personal data to be processed by the Property Manager with regards to this Rental Contract. This Rental Contract is not effective until the Property Manager has confirmed the Guest’s booking in writing.
The Property must be reserved at least 7 days prior to the intended date of booking. Bookings of less than 7 days may be accepted on a case-by-case basis.
When you make a booking request, full payment must be made to the Property Manager within 24 hours of availability confirmation. If full payment is not received within 24 hours, the Property Manager reserves the right to void the Guest’s booking request.
The cost of electricity and water are included in the rental rates. An additional 7% government tax will be applied to the rental rates. Gratuities for household staff are encouraged but left entirely to the Guest’s discretion. Add-on services and activities are available at an additional cost and may be arranged with the Property Manager. The Property Manager will use its reasonable efforts to provide add-on services and activities subject to availability of the service providers and budget of the Guest.
Once the full payment is received, the Guest shall be sent a reservation voucher by the Property Manager with confirmation details, the Property’s address, contact details of the Property Manager’s representative, transfer arrangements, and directions to the Property. This voucher, along with the Guest’s passport, needs to be presented upon arrival for check-in.
Arrival / Departure Times
Standard check-in and check-out times for villas are 3pm and 12pm (noon) respectively unless stated otherwise. The Property Manager will try and accommodate the Guest’s actual arrival and departure times, subject to availability. Please notify the Property Manager’s representative of any changes in your arrival or departure schedule for us to be able to accommodate a change where possible. If you stay past checkout, the Property Manager has the right to charge you with applicable extension fees.
A security deposit, if required by the Property Manager, is payable within 24 hours upon confirmation of security deposit amount. The Property Manager has the right to impose different requirements on a case-by-case basis.
If a security deposit is required, access to the Property may be refused until it is paid in full. When the security deposit is required to be paid in cash, the Property Manager will inform the Guest in advance of the amount payable and any other conditions.
The security deposit will normally be refunded at least 7 days after Guest check-out for after deducting:
• All additional expenses incurred on the Guest’s behalf (e.g. charges for add-on services and activities, food, goods, services, and additional support staff, which have not been directly paid by the Guest, and telephone and internet charges, if applicable).
• The cost of replacement or repair of any loss or damage to the Property or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined within 7 days after Guest check-out, the Property Manager 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.
Damage or Losses
Please treat the booked Property accordingly, and leave the Property and all its contents in good order and an acceptably clean condition.
Any damage or loss caused during the Rental Period, as well as any special cleaning requirement due to negligence of anyone in your group, will be the Guest’s responsibility and will be charged to the Guest and deducted from the security deposit. In cases of excessive or unacceptable loss or damage at any time during or after the Rental Period, the Property Manager will require the Guest and their party, including visitors, to vacate the Property immediately (if still checked in), without compensation or refund of the rental fee and security deposit and demand for immediate payment of all damages in excess of the rental fee and security deposit.
The Property and its facilities are available for the Guest’s full enjoyment during the duration of stay. However, the Property Manager’s representative, other staff and contractors may need access to the Property from time to time (e.g. for maintenance of the house, garden, swimming pool, utilities and services, or for providing additional services requested by the Guest, etc.). You are required to give them reasonable access to the Property for these purposes.
Number of Guests
The number of persons (adults and children) staying at the Property must not exceed 8 pax, unless specifically authorised in writing by the Property Manager. The Property Manager reserves the right to charge the Guest for every additional person in excess of 8 pax on a case-by-case basis Entry or access to the Property may be refused or limited where the number of guests exceeds the approved number. Guests are not allowed to bring any pets in the Property.
Use of Property
All bookings are assumed to be for normal holidaying 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 a party that 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 a holiday, please communicate this to the Property Manager 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 to and confirmed in writing before confirming the reservation.
Conduct and Due Care
The Property is located in a quiet residential neighbourhood. As a resident Guest, you are requested to respect this and ensure that your entire group, as well as 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 prohibited. A penalty for deep cleaning will be charged in case of any violations. The penalty will be applied each time any guest(s) is found smoking inside the Property, or if any evidence of smoking is found.
The Guest is responsible for the behaviour of all 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, the Property Manager’s representative/s 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 interest of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be given around pools, beaches and roads, and when using the Property’s facilities.
Valuables and Security
Guests are responsible for all their valuables and personal items. The Property Manager or its representatives (including villa caretaker and contractors) will not accept 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.
Guest’s Responsibilities and Assumption of Risk
• Guest’s Responsibilities. The Guest is responsible and liable for his/her own acts and omissions and are also responsible for the acts and omissions of anyone he/she invites to join or provide access to the Property. For example, this means: (i) the Guest is responsible for leaving the Property in the condition it was upon arrival, (ii) the Guest is responsible for paying all reasonable damage claim amounts necessary to cover damage that the Guest or the Guest’s invited people cause to the Property, and (iii) the guest must act with integrity, treat others with respect, and comply with applicable laws at all times. If the Guest is booking for an additional guest who is a minor or if the Guest’s bring a minor, the Guest must be legally authorized to act on behalf of the minor and the Guest is solely responsible for the supervision of that minor.
• Guest’s Assumption of Risk. The Guest acknowledges that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, the Guest assumes the entire risk arising out of the Guest’s stay at the Property. This means it is the Guest’s responsibility to investigate the Property and the add-on personalised activities to determine whether it is suitable for the Guest. For example, the personalized activities may carry risk of illness, bodily injury, disability, or death, and the Guest freely and willfully assume those risks by choosing to participate in those personalized activities.
Once a booking is confirmed, the price of the reservation is fully guaranteed until the required payment deadline, even if the Property Manager changes the price on its website thereafter. In return for this commitment, no refunds will be made for any exchange rate fluctuation that may otherwise reduce the rental cost.
The Property Manager reserves the right to impose any taxes or other charges which may be implemented by a government or other regulatory body, which were unknown at the time of publishing. The Property Manager will tell the Guest promptly in the unlikely event that it becomes aware of any additional taxes or charges that will apply to the Guest’s booking.
In the event that the Guest cancels a confirmed booking, the total rental amount paid will be forfeited. Any change of a confirmed booking is considered as a cancellation.
In the unlikely event that the Property Manager is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Property booked, the Property Manager reserves the right to transfer the Guest and their party to an alternative property of 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 back. 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 the Property Manager, no alternative of similar type and value is available and/or no agreement can be reached between the Guest and the Property Manager, then either the Property Manager or the Guest may opt to cancel the booking and this Rental Contract. In that event, the Property Manager will refund the paid amount to the Guest, without scope for further compensation.
Every attempt will be made for the Guest to have an enjoyable stay. If you have a problem during the Rental Period, please inform the Property Manager’s assigned representative and we will try to put things right. For complaints to be addressed, the Guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, the Property Manager will assume that the Property was to the Guest’s satisfaction and no complaint will be entertained later.
Self-catering accommodations require guests to arrange for all provisions and consumables necessary for daily living. The staff at the Property may accommodate any reasonable requests to purchase provisions on your behalf, and this will be charged to the Guest account.
Add-On Services and Activities
The Property Manager, through its partnered service providers, can provide add-on services and activities at specific rates and separate terms and conditions. Services include co-cooking session with celebrity chefs, interactive discussion with global health & wellness experts, mindfulness session, yoga, Muay Thai, tour package, photography and drone services, and many more. If interested in any of the add-on services, the Guest must inform the Property Manager to arrange. THE PROPERTY MANAGER DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICE PROVIDER SERVICES. THE GUEST ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY THE PROPERTY MANAGER AS TO THE FITNESS OF SUCH SERVICES FOR THE INTENDED PURPOSE.
Additional House Rules
The following house rules apply to the use of the Property. Additional house rules may be imposed by the Property Manager from time to time and will be communicated to the Guest via different communication channels.
• On-site guest support:
The Property Manager provides an in-house helper who can assist the Guest in basic housekeeping and providing information about the local area. The helper is available from 9AM to 6PM only.
• Cleaning and housekeeping
The in-house helper can provide basic housekeeping includes dusting, vacuuming, mopping, changing linens, washing towels and stocking essential supplies.
• Breakfast preparation
Breakfast is available at additional rates. Menu upon request.
The Property has friendly fully-vaccinated pets. The in-house helper looks after them. The Guests must not feed them and must ask the helper before touching or playing with them.
• Quiet Hours
Guests must observe quiet hours between 10PM to 7AM.
• Appliance Use
All the appliances and amenities must be used responsibly.
Guests must conserve electricity by keeping doors closed or turning off the AC if doors/glass walls are open or when the room/villa is empty.
Guests may park their vehicle in the garage. The garage can fit 2 cars.
• Guests’ visitors
Any visitors must be pre-approved by the Property Manager and adhere to the house rules once approved.
• Pool access
Guests may use the pool at their own risk. There is no lifeguard available.
Property Manager’s Responsibility
The descriptions and photographs of the Property are for information purposes only and the Property Manager will not be held responsible for any reliance placed on these information.
The Property Manager 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, infectious disease outbreak, pandemic, endemic, fire, 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 Property Manager’s control.
• In no case will the Property Manager, its representatives, staff and contractors 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.
The Property Manager may modify these terms and conditions at any time. When the Property Manager makes material changes to these terms and conditions, the Property Manager will post the revised terms and conditions on the designated booking portal and update the “Last Updated” date at the top of these terms and conditions. If the Guest disagrees with the revised terms and conditions, the Guest may terminate this agreement immediately as provided in these terms and conditions without the right for any compensation and refund.
To the maximum extent permitted by applicable law, the Guest agrees to release, defend, indemnify, and hold the Property Manager (including its affiliates, personnel, staff, contractors, service providers) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Guest’s breach of these terms and conditions (including any supplemental or additional terms that apply to a product or feature) or Property Manager’s additional policies (ii) use of the Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iii) Guest’s breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
This agreement will be governed by the laws of Thailand. In the event of controversy arising from the booking and stay that cannot be resolved amicably between the parties, both parties agree to exclusively refer the matter to the Thai arbitration to be resolved finally by arbitration in the English language.
By making a booking request, the Guest agrees that these terms and conditions have been read, understood and have been accepted and agreed to without reservation and without exception.
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.