Shiva Samui is a trading name of Samui Beach Village Limited, Landmark House, Station Road, Cheadle Hulme, Cheshire, SK8 7BS and is a wholly owned subsidiary of Luxury Island Villas limited, Room 1203, 12/F, Tower 3, China Hong Kong City, 33 Conton Road, Tsimshatsui, Kowloon, Hong Kong. Your booking contract is with Samui Beach Villge Limited.
The following terms shall have the meanings set out below when used in these Booking Conditions:
|'We', 'Our', 'Us', 'SBV', 'Shiva Samui'||Means Samui Beach Village Limited Ltd.|
|'Luxury Island Villas', 'LIV'||Means Luxury Island Villas Limited Ltd.|
|'Holiday', 'Booking'||Means the Holiday booked by you or any person on your behalf.|
|'Travel Agent'||Means any Agent through whom your booking with Us is made.|
|'Force Majeure'||Means any circumstances which are unusual and/or unforeseeable which are beyond Our control, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; failure of utilities incl. electricity and water; building and construction; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation and all similar events outside our control.|
Includes the following when made before arrival:
a. A change of resort area for the whole or a major part of your Booking,
b. A change of accommodation to that of a lower official classification for the whole or a major part of your Booking.
These conditions apply to all Bookings and govern your relationship with Us. Please read them carefully before making a booking.
When a booking is made, the 'Lead Name' on the booking guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we dispatch this invoice to the 'Lead Name' or your Travel Agent. This contract is governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
It is important to check the details on your invoice when you receive it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us or your Travel Agent immediately as it may not be possible to make changes later.
The information and prices shown on any website may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the website information and prices at the time of loading, regrettably errors do occasionally occur. You must therefore ensure you check and agree the price and all other details of your chosen arrangements with us at the time of booking.
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. In the event we are asked to reissue documents that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
We consider adequate travel insurance to be essential. Please read your policy and take it with you when you travel. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
For those who participate in sports, and water sports whilst on holiday it is your responsibility to ensure that you obtain the relevant insurance cover.
In order to confirm your chosen arrangements, you must pay a minimum deposit of 20% (with 50% to be paid by 180 days prior to arrival) rising to 50% for bookings commencing between 1st July to 31st August and 15th December to 7th January (or full payment by credit or debit card if booking within 90 days of arrival). The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 90 days prior to arrival. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable.
We accept payment by credit/debit card, and bank transfer. Payments by credit card will incur a charge of 3% of the total value of the transaction.
If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your confirmation may be delayed and the overall cost may increase. We reserve the right to cancel your Booking if payment is declined or if you have supplied incorrect credit card information. We also reserve the right to do random checks (including the electoral roll) in order to minimise credit card fraud. As a result of this, before issuing your final confirmation we may require you to provide us with a fax or postal copy of proof of address, a copy of your credit card and a recent statement.
The prices on our website are correct at time of website publication, however, We reserves the right to raise or lower its prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices (both before and after your confirmation has been issued). Please note, changes and errors sometimes occur.
Before you make a booking we will give you the up to date price including the cost of any peak-season supplements, upgrades or additional facilities which you have requested.
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the 'Lead Name' on the booking or your Travel Agent. You will be asked to pay an administration charge of $100 and any further cost we incur in making this alteration.
You should be aware these costs could increase the closer to the arrival date these changes are made. Only one change of arrival and departure date, per booking may be permitted. Any change in arrival or departure date will be treated as a cancellation and full cancellation charges will apply. You will be asked to pay an administration fee of $100 and a new deposit to secure the new arrival and departure date. Any further changes may be treated as a cancellation by you and result in cancellation charges being applied.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
You, or any member of your party, may cancel your travel arrangements at any time. Written notification by mail, fax or email from the 'Lead Name' on the booking or your Travel Agent on your behalf, must be received at our offices.
Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation shown in the grid below.
|Period before arrival that notice of cancellation is received||% of total booking price*|
|More than 90 days||Loss of Deposit|
|Less than 14 days||100%|
|*Where the standard deposit is increased to secure specific facilities or extras, which are non-refundable in whole or part, then the scale of cancellation charges will be based on the % of the cost of all other arrangements, or loss of deposit, as applicable, and the non-refundable charges will be added to that cancellation charge to give the total charge.|
Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.
Our cancellation charges are a percentage of the total booking cost. These charges are based on how many days before your arrival we receive your cancellation notice and not when your correspondence was sent to us. Please note that any amendment charges are non-refundable.
We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in Booking details both before and after the Booking has been confirmed. We must also reserve the right to cancel confirmed bookings at any time. For example, if the minimum number of clients required for a particular travel arrangement is not reached we may have to cancel it.
Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or cancel, we will tell you as soon as possible and if there is time to do so before arrival, we will offer you the choice of the following options:
However, we will not cancel your confirmed booking 12 weeks or less before arrival except for reasons of "Force Majeure" (as explained above) or failure by you to make full payment on time.
Due to the unpredictability of Force Majeure events we shall not be liable for any changes either before arrival or during the holiday, which in our opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements, or, if you do not travel, return the monies you have paid us but we will not pay you compensation.
In all cases, except where the Major Change arises due to reasons of Force Majeure and subject to the exceptions below, we will pay you the following compensation as detailed below:
|These scales are based on how many days before your arrival date, we notify you of a major change.|
|Period before arrival when a major change is notified||Compensation payable per adult (for children see below)|
|More than 84 days||£0.00|
|Less than 7 days||£50.00|
Please note that the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
We will not pay you compensation where we make a Major Change or cancel more than 12 weeks before arrival or in the event of Force Majeure.
Very rarely, we may be forced by Force Majeure to change or terminate your arrangements after arrival. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
Where an airport transfer has been provided as part of the booking, you are responsible for ensuring we are provided with the correct flight details and the number of the party to be transferred, failure to provide accurate information may result in you being charged for duplicate or cancelled transfer charges.
Unless advised to the contrary in writing, all accommodation shall become available at 15:00hrs on the day of check-in and must be vacated by 10:30hrs on the day of check-out.
Upon arrival at your accommodation, a security deposit shall be taken via your credit card, or if not available via cash for the amount of ฿10,000. The security deposit shall be used in the event that any member of the party causes damage or breakages to the accommodation and/or its contents during the duration of your stay.
Only those persons who have been registered as part of the booking may reside in any accommodation provided as part of the booking, any alterations to the booking must be notified to us prior to arrival. In the event that any person(s) not registered as part of the booking are found to be staying in the accommodation overnight, we will be entitled to terminate the accommodation booking. All person(s) will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
Samui is a beautiful island having limited resources with regards to electricity and water. Our aim is to continually assist in keeping this ecology and the island green. All villa rental rates include water and electricity charges and we provide a budgeted allowance for each house based on normal use and the number of bedrooms. On check-in we shall provide a meter reading and then again on check-out, any excess electricity shall be charged to your account at 7.5 baht per unit. Responsible ways to prevent excessive consumption include not leaving air-conditioning on when you are out or have doors open, and switching off unnecessary lights when you go out or retire to bed. You are of course welcome to verify the meter readings if you require.
When you make a Booking with Us you accept responsibility for the proper conduct for yourself and your party whilst on Holiday. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
Note: Pets are not permitted in any accommodation provided as part of your booking and smoking is not permitted inside any accommodation provided as part of your booking.
As part of this agreement, and for a period of not less than 12 months after departure or, from accepting accepting this agreement, whichever is the latter, you agree that you, and no member of your party will take any action which is intended, or would resonable be expected, to harm the Company or its reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity about Samui Beach Village Limited, Shiva Samui or their associated companies.
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform our representative and the supplier of the service(s) in question and complete a report form whilst in resort. Most problems or complaints can be resolved while you are in resort however if you remain dissatisfied, please call us on +441614863311 – Ext.2321, or email us at [email protected] or write to Customer Relations Department at Samui Beach Village Ltd, Landmark House, Station Road, Cheadle Hulme, Cheshire, SK8 7BS, England within 28 days of your departure from resort full details of your complaint and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Please include your date of arrival, your accommodation name or number and the Lead Name of the reservation.
If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract.
In respect of Bookings
We promise that your Booking arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do provided they were at the time acting within the course of their employment or carrying out work we had asked them to do.
In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ tours, as well as using our reasonable skill and care in choosing our suppliers.
In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
Except as specifically set out in these conditions, we will not accept any further or different liability. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Local Excursions/Activities/Events - We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through our concierge service or whilst you are on holiday ("Local Events") are not part of you’re the Booking provided by us and these terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
The services and facilities included in your Booking will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We are happy to advise and assist you in choosing suitable accommodation. As some of the accommodation we feature may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the Booking meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
For further assistance, please call our Customer Care team on +(44)161 486 3311 – Ext.2321.