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TERMS & CONDITIONS

1. Arrival & Departure Times
Unless agreed otherwise by the Lessor, check in time is 3:00PM and check out time is 11:00AM. Early check-in depends on availability and cannot be guaranteed. However, to be sure of having the room ready upon arrival, you can reserve the villa in advance. Check-in fee before 3:00PM is 750 US$ and check-in before 8:00AM is considered as one night stay. Late check-out also depends on availability and cannot be guaranteed. The cost of late check-out after 11:00 AM is 750 US$ and check-out after 5:00PM is considered as one night stay.

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2. Registered Guests
Only the number of persons stipulated in the booking contract may reside at the property as guests. The number of registered guests given at the time of the booking is the maximum number of guests allowed. 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 $150 USD per person per night.

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3. Payment Terms

- A 50% deposit is required within 5 working days after availability confirmation
- The remaining 50% balance must be paid 65 days prior to arrival
- If the arrival date is within 65 days of the date of the booking request, the total rental amount is payable as a deposit
- All rates are quoted in US Dollars (USD)
- Local currency payments are accepted in USD, EUR, GBP, AUD, and SGD
- Payments in foreign currencies are subject to currency exchange rate fluctuations and may incur bank and other fees
- Additional payment methods (subject to a 4% payment processing fee) include VISA, Mastercard, Union Pay, American Express, Google Pay, Apple Pay, and more

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4. Minimum Stay

For the majority of the year, a 3-night minimum stay is required. Kindly refer to the villa rates for all applicable seasonal minimum stay.

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5. Security Deposit
There is a $1,800 USD security deposit payable by cash on arrival. It will be returned to the lessee prior to check-out. In the event that the villa incurred damages or any breakages during the stay of the guests, 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 owner's representative. If the value of damages or breakages exceeds the amount of security deposit, the Lessee will be held liable to pay the outstanding amount to the Lessor as soon as possible.

 

6. Cancellation Policies
Notice of cancellation must be sent in writing and will follow the general cancellation fees below:

- Cancellation policy is applied according to property local time 
- 20% of the total rental amount will be forfeited if the cancellation is made more than 65 days before the start of the rental period 
- 50% of the total rental amount will be forfeited if the cancellation is made between 30 and 64 days before the start of the rental period 
- 100% of the total rental amount will be forfeited if the cancellation is made between 1 and 29 days before the start of the rental period 
- For no-show: 100% of the total rental amount will be forfeited 
- Any change of a confirmed booking is considered as a cancellation 
- Christmas and New Year Period: All payments will be forfeited

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7. Lessee’s Insurance
Each guest must have comprehensive travel insurance that may provide coverage including but not limited to, cancellation, flight delays, loss and damage to baggage and other property and health insurance that may provide coverage, including but not limited to evacuation and repatriation coverage. Liability insurance is also required.

 

9. Conduct & Behavior
The Lessor is responsible for the correct and appropriate behavior of the guests staying at the villa. Should any member of the party behave in a manner considered inappropriate, either the Lessor or the Lessor’s local representative may at their absolute discretion ask the offending guest or guests to vacate the villa forthwith and no refund can be claimed from the Lessor in such case. The owner or his or her representative reserves the right to enter the villa at any time.

 

10. Compliance with Law and Guest Conduct
The Lessee and all guests are strictly prohibited from engaging in any unlawful activity on the property. This includes, but is not limited to, the importation, use, or consumption of illegal substances. Any violations of the law will be immediately reported to the appropriate authorities. In consideration of local laws, respect for staff, and the safety and security of all guests and the property, the Lessee and all guests are strictly prohibited from bringing sex workers onto the premises. The Lessee is responsible for ensuring all guests and visitors comply with these terms. Any violation of this policy will be considered a material breach of the rental agreement, entitling the Lessor to terminate the agreement and require the Lessee and all guests to immediately vacate the property without a refund.

 

11. Staff at the Villa
Housekeeping service is included. At your own discretion, a tip may be given upon departure. 
Asking staff to look after minor children is not allowed. The Lessee must allow staff such as maintenance workers and gardeners access to the grounds in order to complete their work.

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12. Concierge Advise and Third-party Services

The Lessee acknowledges and agrees that the Lessor, through its team, may assist in arranging third-party services at the Lessee's request. These services may include, but are not limited to, tour operators, boat charter companies, massage services, and other leisure activities ("Suppliers"). The Lessor warrants that it will use reasonable endeavors to advise the Lessee and facilitate contact with these Suppliers in accordance with the Lessee's instructions.

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-- 12.1. Nature of Relationship: The Lessor acts solely as an agent for the Suppliers. Any contract for the purchase of products or services is made directly between the Lessee and the relevant Supplier. The Lessor is not a party to this contract.

 

-- 12.2. Lessee's Responsibility: The Lessee is solely responsible for exercising their own judgment regarding the quality, value, and suitability of the services and goods offered by any Supplier. The Lessee agrees that any contract entered into with a Supplier is an independent contract, and all rights and remedies of the Lessee are exclusively against that Supplier.

 

-- 12.3. Limitation of Liability: The Lessor expressly disclaims any and all liability for the acts, omissions, or negligence of any Supplier. The Lessor shall not be responsible for the quality of products and services offered by Suppliers, nor for any aspect of the relationship between the Lessee and any Supplier. The Lessor shall not be liable for any loss, cost, expense, or damage of any nature whatsoever, whether direct or indirect, resulting from the provision of advice by the Lessor's team or the Lessee's reliance upon information and suggestions provided by the Lessor.

The Lessee's signature on the booking contract serves as an acknowledgment and acceptance of this disclaimer.

 

13. Linen & Towels
We provide linens and towels at the villa as part of our "Save the Planet" eco-policy. To conserve resources, bed linens are changed once per week or as needed. Towels are replaced every other day when placed in the designated towel basket. If you require more frequent changes, additional charges may apply. Please use all towels and bedsheets for their intended purpose. If these items are permanently stained or damaged and need to be replaced, the cost will be billed directly to your account.

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14. Indoor 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.

 

15. Liability Waiver and Assumption of Risk

The Lessee acknowledges and understands that the property presents inherent risks that may result in serious bodily injury or death. The Lessee accepts and agrees to the following terms and conditions:

 

-- 15.1. Property and Amenity Risks

​The property is rugged and perched on a cliff, featuring steep stairs, uneven pathways, and significant drops. The Lessee acknowledges that some parts of the villa's structure, including elevated terraces, do not have railings. The main rooftop lawn has a glass floor that is not designed for walking. Some railings are made of tempered glass that may not withstand strong pressure.

 

The swimming pools, terrace, and other indoor and outdoor areas are not supervised. The use of all swimming pools and leisure equipment is entirely at the risk of the Lessee. The swimming pools are not fenced, and their edges are located at the top of a steep cliff. The Lessee further acknowledges that jumping from the terraces into the swimming pools is dangerous due to shallow areas.

 

Being near or in the ocean exposes the Lessee and all guests to a variety of risks and hazards, including but not limited to, strong currents, unexpected wave activity, floating debris, and other potential hazards. The Lessee accepts all of the risks that come with being near or in the ocean, including the responsibility to warn all guests of such risks.

 

-- 15.2. Lessee's Responsibility and Guest Supervision

The Lessee accepts and acknowledges that he or she is responsible and liable for all guests and third parties staying at the villa during the rental period. The Lessee shall ensure that all guests and visitors exercise extreme caution while on the property, particularly when on the terrace, near the rocks, near the entrance from the main road, and near or in the swimming pools.

 

The Lessee shall ensure that children are under the direct supervision of an adult at all times while on the property. Guests are not permitted to enter the villa if they are wet from swimming, as the floors can be slippery. All guests must also refrain from jumping or diving into the swimming pools. All guests (adults and children) are not permitted to sit, stand, or walk near the edges of the swimming pools, nor are they permitted to run on the pool deck.

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-- 15.3. Acknowledgment of Risks

​The Lessee understands that the property has the potential to cause serious bodily harm and/or death. The risks include, but are not limited to, drowning, falling, sports injury, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the property, and the condition of the property itself.

 

The Lessee is aware that the risks described in this Liability Waiver are not exhaustive, and that other risks or events, known or unknown, anticipated or unexpected, may result in serious bodily injury and/or death.

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-- 15.4. Indemnification and Hold Harmless

​The Lessor shall not be liable for any damage or injury caused by the aforementioned risks. The Lessee accepts and acknowledges, and hereby indemnifies and holds the Lessor harmless from and against, any liability resulting from any and all claims whatsoever arising from accidents resulting in injury or death of any guests or visitors to the villa during the rental period.

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16. Property Disclaimer and Limitation of Liability

The Lessee acknowledges and understands that the villa is a property situated in a vibrant, humid, and tropical environment. The Lessee accepts that the villa's unique character, which blends modern luxury with natural surroundings, may result in certain conditions that are not considered defects or a basis for a complaint.

 

-- 16.1. Environmental Conditions and Natural Inhabitants

The Lessee understands that due to the humid climate and tropical setting, the property may exhibit minor cosmetic flaws, such as slight wall imperfections.

 

​The Lessee further acknowledges that occasional water leakage may occur during periods of heavy tropical rainfall. While the Lessor will endeavor to address such issues in a timely manner, these conditions shall not be considered a breach of this agreement or a basis for any claim, complaint, or reduction in rental fees. 

 

​Furthermore, the Lessee acknowledges that the property is part of a lively natural ecosystem and that natural inhabitants, including but not limited to mosquitoes, lizards, snakes or other insects, may occasionally enter the premises. The presence of these natural inhabitants is not a basis for a complaint and shall not be grounds for a claim, complaint, or demand for compensation.

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-- 16.2. Utility and System Interruptions
The Lessor cannot be held liable for interruptions to the supply of water, electricity, internet connection, breakdown of swimming pool filtration systems, though the Lessor will arrange to the best endeavors 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 Villa Manager immediately and they will rectify the situation to the best of their professional ability. 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. These issues shall not be grounds for a claim, complaint, or demand for compensation.

 

-- 16.3. Waiver of Claims
The Lessee agrees that any claims related to the conditions described herein are expressly waived. The Lessee's sole recourse for any issues with the property's condition is to notify the Lessor, who will, at their discretion, take reasonable steps to mitigate the issue. The Lessor shall not be liable for any inconvenience, damage, or loss resulting from these environmental conditions, utility interruptions, or the presence of natural inhabitants.

 

17. Smoking Policy
The Lessee acknowledges and agrees to the villa's strict no-smoking policy. Smoking is strictly prohibited inside all indoor areas of the villa. Smoking is only permitted in designated outdoor areas, specifically the outside terrace. In the event that cigarette smoke is detected by staff within any indoor area of the villa, the Lessee will be subject to an automatic charge of 10,000 THB per occurrence. This charge is non-negotiable and will be automatically deducted from the security deposit. The Lessee waives any right to dispute this charge if the smell of smoke is detected indoors by Lessor's staff. The Lessee's signature on the booking contract serves as an acknowledgment and acceptance of this policy and the associated financial penalty.

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18. Pets
No pets are permitted in the villa or on the villa property.

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19. 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 when you need to go out or stay long outside of the villa; villa staff may comply with this policy.

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20. Valuables
Personal safety deposit boxes are provided in the villa and we always suggest using them. It is strongly recommended that it be used to store valuable items such as passports, cash, traveller’s checks, 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 any personal property.

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21. Acknowledgment of Furnishings and Damage Policy

The Lessee acknowledges that the villa contains valuable and unique pieces of contemporary furniture and art. These items are integral to the aesthetic and value of the property. The Lessee and all guests are required to exercise extreme caution and care to prevent any damage to the villa's furnishings, art, and property. The Lessee assumes full responsibility for any and all damage that occurs during the rental period, regardless of the cause. Any damage to the villa’s furnishings or property will result in a minimum charge of 1,000 THB. For more costly items, the charge will be based on the original purchase price plus a 20% service fee to cover replacement or repair costs. The Lessee agrees that any damages incurred by the Lessor will be offset against the security deposit. If the cost of the damages exceeds the security deposit amount, the Lessee is obligated to compensate the Lessor for the difference within 14 days of receiving a written demand for payment. The Lessee's signature on the booking contract serves as an acknowledgment and acceptance of this policy and the associated financial liabilities.

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22. Pool Safety and Glass Policy

For the safety of all guests, glass items are strictly prohibited in and around the swimming pools. In the event of glass breakage in or around the pools area, a non-negotiable fee of 20,000 THB will be charged to the Lessee. This fee covers the cost of draining, cleaning, and refilling the pool to ensure all glass fragments are removed. The Lessee is responsible for communicating this policy to all guests and visitors.

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23. Force Majeure

The 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.

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CONTACT US


Email: Please reach out to us by phone
Phone/Whatsapp: +66 (0)948 076 600

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BAAN PERWAH

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Baan Kata Estate A3 - Kata Noi Road

Phuket 83100

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