Terms & Conditions
Following is a summary of the booking terms & conditions of Fernblick Properties Co. Ltd. and the villa which shall hereinafter be referred to as “Fernblick”. The complete terms & conditions as well as rules & guidelines for the use of the property are contained within our Rental Agreement and which will be provided upon request or automatically upon booking a reservation. Any deposit paid for Fernblick shall be taken as confirmation of acceptance of the following terms and conditions. Fernblick reserves the right to amend, add or delete any of these terms & conditions at its own discretion, anytime and without prior notification.
- Provisional Confirmation of Availability and Rates
Upon receipt of a request for availability, or upon referring to such information on the website or through 3rd party websites or property rental agents, the applicable villa rates and the amount of deposit required shall be confirmed. All bookings are made on the basis of “first come, first served” and are subject to confirmation prior to being binding.
- Exclusions & Additional Charges
Rates do not include personal items and expenses, any excessive cleaning required upon departure and/or replacement of or repair of anything on the property of Fernblick. Normal wear and tear that would be usual for the length of stay is excepted.
Rates as quoted are on a per night basis unless otherwise indicated in writing. Check-in is from 3 pm, check-out by 11 am.
- Guest names
Only those persons stipulated on the booking form may reside at the property as guests. Please notify us immediately of any changes. Rates quoted allow for maximum occupancy of Fernblick as summarized in the Rules & Guidelines or otherwise agreed in advance in the Rental Contract.
- If the guest has made a deposit in order to secure the booking, final payment consisting of the outstanding balance must be received by Fernblick at least 30 days prior to arrival (or 100% together with the Rental Contract if booked less than 30 days in advance of arrival).
- Failure to make the final payment on a timely basis will make the reservation subject to automatic cancellation and deposits paid will be forfeited.
- Expenses incurred for receiving for payment via bank transfer or credit card will be charged. All prices shown are nett of bank / credit card costs. Rates for accommodation are quoted and payable in Thai Baht.
3. CANCELLATION POLICY
- If it becomes necessary to cancel all or any part of the booking, Fernblick must be notified in writing. 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:
- a) More than 30 days before arrival: The deposit will be forfeit but retained as a credit valid for 1 year from the date of cancellation as confirmed by Fernblick. The credit amount can be used by the client or anyone designated by the client in writing on their behalf for any reservation, during any period
- b) Less than 30 days before arrival date: all rental payments (100%) are Non-refundable.
- In the event a deposit was paid and the remaining balance is not paid by the final payment deadline, all payments are forfeited with immediate effect and no notification will be issued.
- 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.
- Any change to the original reservation is subject to the approval of Fernblick.
- Any damage caused by guests staying at Fernblick, which is deemed to be over and above acceptable wear and tear, shall be chargeable to the guest. The agreed amount is based on the replacement value of each item. Guest damage charges are payable to Fernblick representatives prior to checkout date.
- It is a condition of the booking that the entire party is covered by travel medical / health insurance. Fernblick is not responsible for any and all claims, including any accidents related to the use of Fernblick facilities, equipment including motorbikes or locally procured 3rd party services such as, watercraft, water sports, car, jeep or motorbike rental etc., regardless whether any such services were arranged on the guest’s behalf by Fernblick or not.
- Fernblick shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside Fernblick’s control such as civil disturbances, fires, floods, severe weather, acts of God, acts of Government, termination of supply of electricity on Koh Phangan or any other factor which could be construed as, but not limited to, events of Force Majeure.
- Fernblick 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 Fernblick).
- In the unlikely event that any accommodations and/or services are substituted, Fernblick 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.
- Fernblick 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.
- Fernblick is not responsible or liable for any personal injury or death casualty of accompanying children, whatsoever. Parents or legal guardians act at their own risk and are solely responsible for the safety of their children. This includes using the swimming pool.
- By acceptance of the Rental 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.
- As a condition of and extension to the Rental Contract, all guests shall be required to sign the Liability Waiver which expressly waives all liability for any injury that may occur while a guest of Fernblick, whether on the property or not.
- Fernblick does not accept responsibility for the breakdown of the supply of water, internet service, electricity, nor of swimming pool filtration systems, though we will use our best efforts to resolve any such problems.
- Fernblick and its management and staff will do as much as 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 Fernblick management within 24 hours of the occurrence giving rise to the complaint.
- Should a problem remain unresolved please make an immediate complaint in writing (email acceptable) to the owner of Fernblick before completion of the rental period. If
Fernblick is vacated before the end of the rental period without mutual agreement; this shall result in the loss of all rights to compensation.
- Fernblick is not responsible, nor is it liable for any external or environmental noise or other disturbance which is out of its control.
- No complaints will be considered if made after the departure date and/or if not acknowledged by the villa manager or owner of Fernblick
8. CONDUCT & BEHAVIOUR
- Should any guest or any invitee of any guest of Fernblick not behave in a normal, respectful and polite manner, the owner villa manager may at their absolute
discretion ask the offending guest or guests or guests to vacate the property forthwith.
- The whole interior of the villa is a non-smoking area. Smoking is permitted outside, however it is strictly forbidden to dispose of any cigarettes, cigars, lighters or similar anywhere except in the provided ashtrays. It is specially forbidden to throw anything
- It is not allowed to sit or lie down on any villa furniture being wet or having sunscreen or any other lotion, oil or spray on the skin, which would come in contact with the
furniture. Any damage, which arises out of such action will create a liability for damages according to Section 4,
- Fernblick strictly prohibits any kind of discrimination, disrespect or impoliteness
- Any breach of the above rules of conduct & behaviour may be treated as grounds for breach of the Rental Contract, and lead to immediate expulsion from the premises and cancellation of the remaining portion of the booking and no refund can be claimed from Fernblick, its owners or employees.
9. ILLEGAL ACTIVITY
- It is also expressly prohibited to act unlawfully in any way whatsoever or to bring onto the premises or to consume while on the premises, any illegal substances. It is also prohibited to engage in any other activities which would otherwise be in violation of any law of Thailand. Discovery of any such activities will lead to immediate referral to the local police.
- Any valuables left at the property are left at one’s own risk. Neither Fernblick nor its owners, employees or contractors are responsible for their loss or damage. Please make sure that valuables are either stored in the villa safe or hidden from plain sight.
11. DUE CARE AND SUPERVISION
- As part of this agreement guests are required to take care when residing at Fernblick and be especially mindful of children playing in the gardens, on the street or on the driveway at the front of the property, on the staircases, close to the tempered glass railings, the infinity pool area, the meditation deck, the panorama bathtub and on all natural rocks in and around the premises.
12. APPLICABLE LAW
- These terms and conditions and all other documentation in relation to the rental of Fernblick are subject to the law of Thailand and any/all the parties fully accept to elect the Court of Suratthani, Thailand as exclusive jurisdiction in case of disputes or litigation.
- By entering into a Rental Contract, the Guests agree to the above Terms and Conditions prior to, during and after the booking period.