Sublime Services Venture and Sublime Samui Villas (known as “SSV”) acts as a wholesaler on behalf of the owners of the properties featured in the SSV website and on other platforms. When a guest confirms a booking of a property through SSV, a rental contract is entered into and the guests is deemed to have agreed to these terms and conditions and furthermore is deemed to have agreed for personal data to be processed by SSV with regards to the rental contract.

1. Booking Process – Rates and Payment Terms & Conditions

To validate a booking request the guest must make the deposit payment following the payment schedule outlined in the offer. Bookings will be made on a first-come, first served basis. SSV reserves the right to decline a booking request without giving any reason. All rates are subject to 7% VAT and 10% service charge.

No contract will be agreed and accepted by SSV before the receipt of funds. Deposits applicable to all villas must be received by SSV within 5 working days:

During Low – Shoulder – High Season:

– An initial deposit of thirty per cent (30%) must be paid to confirm a booking for rentals beginning more than 60 days after the date of booking request.

– A total rental amount (100%) is payable to confirm a booking for rentals beginning 60 days or less after the date of booking request.

– Where a thirty per cent (30%) deposit applies the guest must pay the remaining seventy per cent (70%) balance not less than 60 days before scheduled arrival date.

During Peak Season/ Christmas & New Year:

– An initial deposit of thirty per cent (30%) must be paid to confirm a booking for rentals beginning more than 60 days after the date of booking request.

– A total rental amount of one hundred per cent (100%) is payable to confirm a booking for rentals beginning 60 days or less after the date of booking request.

– Where a thirty per cent (30%) deposit applies the guest must pay the remaining seventy per cent (70%) balance not less than 60 days before scheduled arrival date.

2. Payments

Payments can be done via international bank transfer, nett of all bank charges, or using SSV’s secured online payment gateways:

Bank Transfer; Visa/Master Card

American Express/PayPal (+2.5% Fee)

(3% processing fee is applicable to any US issued cards and US based transactions and accounts). For the payment via bank transfer, a copy of the transfer slip is required. For the avoidance of doubt, all bank fees are to be borne by the client.

3. Additional Charges

The rates do not include gratuities, telephone, telegram charges, car rental, food, soft drinks, wine and spirits, massages and treatments, personal items and expenses due to other third parties. Excluded are furthermore expenses for excessive cleaning required (upholstery, rug or furniture shampooing) or replacement or repair, any loss or damage to the property caused during the rental period.

4. Cancellation

In the event that a guest cancels a confirmed booking, this has to be notified in writing (e-mail acceptable). The cancellation will take effect from the date the written confirmation is received.       If the dates of a booking require to be amended, this may be treated as a cancellation of the original booking and cancellation charges may apply. Any changes to the original reservation are subject to the approval of SSV. The below cancellation charges also apply if SSV cancels the booking due to non-payment of the balance. For no-show, 100% of the total rental amount will be forfeited. Early departure penalty will be subject to negotiation with SSV. The following cancellation charges will generally apply depending on the period of stay:

Low – Shoulder – High Season:

60 days or more before arrival date:

All payments are forfeited but credited for 10 months from the date of the cancellation confirmation by SSV reservations. The credit value can be used by the client or anyone on their behalf upon availability and solely for the villa initially reserved.

Within 1 and 59 days before arrival date:

For any cancellation after the deposit and/or balance payment, all payments are forfeited and a full or partial refund is subject to the discretion of SSV and solely applicable in the event that SSV secures another reservation covering partially or fully the initial and cancelled reservation.

Peak Season/ Christmas & New Year:

For any cancellation after the deposit and/or balance payment, all payments are forfeited and a full or partial refund is subject to the discretion of SSV and solely applicable in the event that SSV secures another reservation covering partially or fully the initial and cancelled reservation.

5. Cancellations by SSV & Amendments

In the unlikely event that SSV is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Property booked by the Guest, SSV reserves the right to transfer the Guest and their party to an alternative Property of the 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 to the Guest. 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 SSV, no alternative of similar type and value is available and/or no agreement can be reached between the Guest and SSV, then either SSV or the Guest may opt to cancel the booking and this Rental Contract. In that event, SSV will refund the Guest all monies paid less any bank transfer charges, without further compensation.

Any change to the original reservation is subject to the approval of SSV. An early departure penalty will be subject to negotiation with SSV.

6. Security

As part of our effort to minimise credit card fraud, SSV does not accept third party credit cards. Please take note of the following policies:

– The credit card used for payment must belong to one of the staying guests and must be presented upon arrival

– The paying guest must be the owner of the credit card; this will be verified against their passport.

– Photocopies or scans of credit card or related documents will not be accepted

7. Arrival/Departure Times

Standard check-out and check-in times are 12h00 and 15h00 respectively unless otherwise stated. SSV will try to accommodate the guest’s actual arrival and departure times, subject to availability. For early arrival and late departure, an additional fee may be applicable and will be advised at the time of booking.

8. Number of guests

Only those persons stipulated on the booking form may reside at the property. Any changes are to be notified to SSV as soon as possible. The number of persons, adults and children, staying at the property must not exceed the maximum of sleeping places indicated in the booking confirmation and reservation. Access to the property may be refused where the number of guests exceeds the stated requirements. No camping is permitted in the property grounds. No pets are allowed on the entire property.

9. Events and Commercial Use

If a party or a commercial event is to be organised at the property, it is mandatory to obtain prior written approval from SSV. If the number of guests in excess of 1.5 times the maximum occupancy of the villa, an additional event fee will apply. (some villas have restrictions on the number of events permitted and the number of guests allowed).In addition, a deposit will be collected either by international wire transfer or on site in cash from which a cleaning surcharge may be deducted before refunded to the Guests.

10. Security Deposit

A security deposit may be payable to SSV with the payment of the balance or prior to arrival at the Villa. This is to cover the cost of any damage or breakages during the rental period of the Villas or their contents. It may also be used to cover the cost of the use of telephones and other services. Access to the Villas may be refused if security deposit is not paid in full.

The security deposit will normally be refunded at the end of the rental period, after deducting the cost of replacement or repair for any loss or damage to the Villa or its surrounds or contents caused during the rental period. The cost of replacement for any loss or damage to the Villa or its surrounds or contents will be based on the property’s inventory pricing as determined by SSV or the owner or owner’s representative of the property. If this cost cannot be reasonably determined prior to the Guest’s departure, SSV or the owner or the owner’s representative 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. If the cost of replacement or repair for any loss or damage to the Villa or its surroundings or its contents caused during the rental period is above the security deposit amount, the Guest is fully liable to pay the remaining cost.

11. Damage or Losses

A property is typically someone’s home. Please treat the Property rented accordingly, and leave the property and all its contents in good order and in an acceptably clean condition. Any damage or losses caused during the rental period, as well as any special cleaning requirements, will be the guest’s responsibility and may be charged to the guest’s account and deducted from the guest’s security deposit. In case of excessive or unacceptable loss or damage at any time during the rental period, SSV may require the guest and their party, including visitors, to vacate the property immediately, without compensation or refund.

12. Insurance

It is a mandatory condition of the booking that the entire party is covered by comprehensive All Risk Travel Insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage). SSV or the owners of the rented properties are held harmless by the guests against all claims including any accidents related to the use of the villa facilities or locally procured third party services such as, but not limited to, watercraft, water sports, jeep or motorbike rental. SSV shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of SSV’s control. By acceptance of this contract, it is assumed by SSV that this requirement has and will be complied with in full.

13. Conduct and Behaviour

Properties are generally located in quiet residential neighborhoods. The guest is asked to respect this and ensure that all guests and 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. In addition, in line with its moral duty and respect for the local employees, as well as for the safety of our valued guests, it is not authorized to bring joiners met on-site back to the properties under any circumstances. The local managers reserve the right to request anyone to vacate a property at any time. The guest is responsible for the behavior 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, SSV 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 interests 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 all property’s facilities.

14. Villa Staff

Some types of staff services shall be provided at the villas (i.e. Villa Manager, Maid, Handyman, Private Chef). Additional services such as those of baby sitters and/or drivers can be sourced in advance or on site upon request, although such services cannot be guaranteed and depend on availability. To book the additional service, Guests are recommended to provide an advanced notice as early as possible, especially during peak holiday seasons.

15. Linen & Towel

Linen and towels are provided at the Villas. These are normally changed every five (5) days. If guests require more frequent changes, an extra charge might be applied. Personal laundry services are available and handled by outside third parties with a charge. The service charges must be paid at the time incurred or latest at the time of departure.

16. Valuables and Security

Personal safes are provided in all villas. Any Guest valuable items are recommended to store in the safe such as passports, personal documents, laptop computers, cash, traveler’s cheques, mobile phones, cameras etc..   Any valuables left at the property are the guests sole responsibility. Neither SSV nor the owners nor the staff can be held responsible for any loss or damage of personal 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 is the guest’s sole responsibility.

17. Due Care and Supervision

Guests are required to take due care when residing at the villas and be especially watchful of children playing in the gardens, near the entrance from the main road, near or in the pool or jacuzzi, on the beach or in the sea. Furthermore, the guest or the guest’s party is not permitted to enter the villas when they are wet from swimming as the floors can be slippery. Damage or injury arising as a result shall not be the responsibility of SSV, the villa owners or the local representative in any way whatsoever.

18. Personal Data Protection

The Client and/or Guests hereby acknowledge and agree that personal data (e.g. name, age, contact details, credit card details) given to SSV are collected and used for any or all of the following purposes:

• Performing obligations in the course of or in connection with provisions hereunder;
• Verifying client and/or Guests’ identity;
• Responding to, handling, and processing queries, requests, applications, complaints, and feedback from the client and/or Guests;
• Processing payment or credit transaction;
• Complying with any applicable laws and regulations or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• Legitimate and public interests;
• Any other purposes for which the client and/or Guests have provided to SSV the information.

The client and/or Guests agree that SSV may disclose their personal data for the following purposes:

• Where such disclosure is required for performing obligations in the course of or in connection with provisions hereunder;
• Legitimate and public interests;
• Obligations to third-party service providers, agents and other organizations as required by applicable laws.

The consent of the client and/or Guests to the collection, use and disclosure of personal data hereunder, shall remain valid until such time it has been withdrawn by the client and/or Guests in writing, or twelve (12) months after the termination of these Terms and Conditions. Any request made by the client and/or Guests to SSV to stop using and/or disclosing personal data for any or all of the purposes listed above shall be submitted to SSV in writing.

19. Complaints

Each Villa varies in standard, quality and finishing and there are differences in style and decor. Property descriptions as provided by SSV, on the website and elsewhere, are made in good faith.

SSV accepts no responsibility for any modifications made which are not mentioned on the website or anywhere else. SSV, the villa owner and/or the local representative cannot be held liable for the breakdown of the supply of water, or electricity, or internet connection nor of swimming pool filtration systems, though SSV will use its best endeavours to arrange for any such problems to be solved quickly. If there are any problems during the rental period which could not be solved by dealing directly with the local villa staff, guests can contact SSV or its local representative immediately and SSV will use its best endeavours to rectify the situation. 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. SSV 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 beyond its control.

Any complaints must be notified to SSV or its local representative within 24 hours of the occurrence giving rise to the complaint, and must then be notified in writing to SSV before departure. Should a problem that has been notified remain unsolved please make a complaint in writing to SSV within 14 days of the 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. No complaint will be considered if made after the departure date or if not acknowledged by the villa owner, SSV or the local representative.

20. Price Fluctuation

Once the guest’s booking is confirmed, the price of the guest’s reservation is fully guaranteed, even if SSV changes the price on its website after the guest’s booking has been confirmed. In return for this commitment, no refunds will be made for any exchange rate fluctuations that would otherwise reduce the rental cost. SSV reserves the right to impose any taxes or other charges which may be implemented by any government or other regulatory body, which were unknown at the time of publishing. SSV will tell the guest promptly in the unlikely event that it becomes aware that any taxes or charges will apply to the guest’s booking.

21. Disclaimers

SSV, 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, fire, sickness, 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 Owner’s control. In no case SSV will be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.

22. Jurisdiction

These Terms and Conditions and any contract to which they apply are governed in all respects by the laws of Hong Kong and only Hong Kong courts shall have jurisdiction in relation to any claim or dispute arising out of, or connected with them.

23. Agreement

I/We agree to the above conditions and do hereby agree to the application of the above Terms and Conditions to our reservation.