These Terms & Conditions apply to all bookings of Nirvana Villa & Boutique Hôtel made in direct or tru any representative.
1. GENERAL TERMS
1.1 The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and the Guest agrees to be bound by the terms.
1.2. Unless otherwise notified by Nirvana Villa & Boutique Hôtel, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions of Nirvana Villa & Boutique Hôtel unless otherwise indicated.
1.3. The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and the Guest agrees to be bound by the terms.
1.4. Unless otherwise notified by Nirvana Villa & Boutique Hôtel, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions of Nirvana Villa & Boutique Hôtel unless otherwise indicated.
1.5. Any payment shall be taken as confirmation of acceptance of the following terms, conditions, limitations and restrictions, as laid out below: Bookings are only CONFIRMED upon receipt of payment. Multiple enquiries for overlapping dates are often pursued concurrently. The villa reservations are confirmed and dates are secured on a first come first served basis.
1.6. Should the villas be rented for special events (weddings, commercial film production, corporate retreats, etc.), a different rate and security deposit structure may apply.
1.7. Guests are met at the airport and escorted to the villa. Check in time is 14 :00 and check out time is 11 :00.
Early arrival and late departure requests can often be accommodated, but approval is conditional upon availability and is subject to later amendment.
1.8. Smoking is not allowed inside the villas. Outdoors only. Unlawful acts and consumption of illegal substances are prohibited. Police authorities will be immediately informed of any offenders. Guests are not permitted to enter the villas when wet from swimming, as the floors can be slippery and easily damaged.
1.9. A personal safe is provided in the villa. It is strongly recommended that it be used to store valuable items such as passports, cash, mobile phones, cameras, etc. Any valuables left at the property are the guests’ sole responsibility and the villa owner nor the local staff can be held responsible for any loss of or damage to personal property.
1.10. Pets are not allowed. Baby-sitting, vehicle driving, and other arranged services are only undertaken with the understanding and agreement that no liability can be accepted on behalf of the owners or their representatives.
The villa owners and their representatives accept no liability for interruption to the supply of water, electricity, or Internet connection, nor for the breakdown of swimming pool filters or air-conditioning systems. 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. Such interruptions are rare, but when they occur, the villa owners and their representatives will make best efforts to arrange for any such problems to be solved quickly.
1.11. The villa owners and their representatives are exempt from all claims related to property loss or damage, injury, accidents, delay, or any irregularity. Comprehensive holiday, accident, travel and personal liability insurance is advised.
The villa owners and their representatives are exempt from all claims related to any accidents connected with the use of the property facilities or locally procured third party services such as car, watercraft or motorbike rentals.
1.12. The villa owners and their representatives shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of their control such as civil disturbances, fires, floods, severe weather, Acts of God, or Acts of Government.
2.1 Payment procedure will be advised by email. All bank fees and related charges of any type are the responsibility of the sender.
The person paying the deposit shall be responsible for the correct and appropriate behavior of the guests in his/her party. Should any member of the party behave in a manner considered inappro- priate, either the villa owner or the local manager may at their absolute discretion ask the offen- ding guest or guests to vacate the property immediately. In such cases, this will be treated as a cancellation of the original booking and no refund can be claimed. The villa owner and the local manager may enter the villas at any time to investigate such disturbances.
2.2 On occasion, the villa owners and their representatives may request access to the villa during the guests’ stay. In such circumstances, best efforts will be made to give at least a day’s notice and to select a time convenient for the guests.
The swimming pool and Jacuzzi are used at the renter’s risk.
2.3 The person paying the deposit accepts and acknowledges that they are responsible and liable for the safety and well being of all guests and related parties staying at the villa during the time of the rental. All guests are required to take due care and be especially watchful of children playing in or near the pool, in the gardens or on the grounds of the Estate. Children MUST remain under supervision of an adult at all times when staying at the villas.
3. CONDITIONS of Nirvana Villa & Boutique Hôtel TOURING SERVICES
(Note : Whilst Nirvana Villa & Boutique Hôtel has used its best endeavours to standardise these Trading Terms, there may be instances where, with specific reference to third party supplier Bookings, it may be necessary to vary the payment and/ or other terms, in which event the Guest will be notified at the time the Booking is made).
3.1.1. Itineraries relating to a Tour / Tour Series may be subject to change at any time (even after issue) due to unforeseen circumstances beyond the control of Nirvana Villa & Boutique Hôtel. This includes Travel, Accommodation and Activities. Every effort will be made to operate itineraries as planned.
3.1.2. Nirvana Villa & Boutique Hôtel reserves the right to make alterations to and/ or withdraw a Stay / Tour Series or any part of it as is deemed necessary, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, Nirvana Villa & Boutique Hôtel reserves the right to make adjustments to the itinerary of the Tour costs as necessary.
3.1.3. Provision for the handling of baggage by Nirvana Villa & Boutique Hôtel will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply, details of which will be provided with documentation.
3.1.4. Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk. Nirvana Villa & Boutique Hôtel will assume no liability for lost or damaged baggage.
3.1.5. It will be the Guest’s responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.
3.1.6. Guests travelling with Nirvana Villa & Boutique Hôtel in Thaïland are covered under Nirvana Villa & Boutique Hôtel’s medical emergency evacuation insurance cover. Should it be required to evacuate the Guest, it shall be the Guests’ responsibility to ensure sufficient medical and travel insurance cover is in place to cover in-hospital medical expenses and associated costs once admitted to hospital.
3.1.7. Nirvana Villa & Boutique Hôtel reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a Tour with Nirvana Villa & Boutique Hôtel it will be deemed that Guests have consented to the use by Nirvana Villa & Boutique Hôtel of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.
3.2.1. Price of the Tour / Stay shall include Nirvana Villa & Boutique Hôtel’s fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.
3.2.2. Scheduled Activities will include entrance fees where stipulated. The price will be subject to revision in event of significant changes in foreign currency, tariff rates, taxes etc.
Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.
3.4. BOOKING PROCESS
3.4.1. The Guest is responsible for informing Nirvana Villa & Boutique Hôtel of any Booking, Confirmations, Booking Amendments, Reductions or Cancellations of rooms or services in writing by e-mail to enable Nirvana Villa & Boutique Hôtel to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.
3.4.2. Provisional booking periods are determined by third party suppliers. Nirvana Villa & Boutique Hôtel reserves the right to release reservations.
3.4.3. Nirvana Villa & Boutique Hôtel will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third party suppliers.
3.4.4. The Guest should be in possession of the required deposit payment and travel insurance before confirming any Reservation with Nirvana Villa & Boutique Hôtel, the latter can be facilitated through Nirvana Villa & Boutique Hôtel with a third party;
3.4.5. Upon confirmation the Guest’s passport nationality will be required, which information will be used solely for market data purposes.
3.4.6. Confirmed Reservations are invoiced with payment required as per the provisions for Independent Travellers for Groups. Where Touring Services have been booked the final invoiced amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included;
3.4.7. Confirmed Accommodation will be subject to the appropriate payment and cancellation policy as set out for Independent Traveller reservations for Group Reservations;
3.4.7. Amendment, Reduction, Refund and Cancellation Policy
- 18.104.22.168. An amendment will refer to a change in travel / arrival date and / or an increase or reduction in number of rooms or services required, after confirmation;
- 22.214.171.124. All amendments made will be subject to the cancellation policy;
- 126.96.36.199. Reservations held by Nirvana Villa & Boutique Hôtel where no deposit has been paid or where no guarantee has been given will be cancelled by Nirvana Villa & Boutique Hôtel on notice to the Guest;
- 188.8.131.52. All amendments, reductions, refunds and cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilized in any itinerary;
- 184.108.40.206. Refunds will not be made for any missed services in respect of the Stay / Tour Series;
- 220.127.116.11. In the event of cancellation of a Booking, Nirvana Villa & Boutique Hôtel shall be entitled to retain such portion of the Booking as may be prescribed by relevant consumer protection legislation (if applicable) in operation in the Country of jurisdiction where the Booking is made or Confirmed by Nirvana Villa & Boutique Hôtel;.
- 18.104.22.168. On cancellation of a confirmed Independent Traveller/s reservation Nirvana Villa & Boutique Hôtel will be entitled to:
Between Confirmation and 60 days prior to arrival – 30% of total invoice value
Between 60 days and arrival – 100% of total invoice value
Cancellation during travel or stay – 100% of total invoice value
- 22.214.171.124. On cancellation of a confirmed Group Reservation Nirvana Villa & Boutique Hôtel will be entitled to:
Greater than 151 days prior to arrival – 30% of total invoice value
Between 150 and 91days prior to arrival – 60% of total invoice value
Less than 90 days prior to arrival -100% of total invoice value
Cancellation during travel or stay – 100% of total invoice value
- 126.96.36.199 All amendments, reductions, refunds and cancellation policies for Groups will be determined at the sole and unfettered discretions of the suppliers utilized in any itinerary.
- 188.8.131.52. Please refer to the payment policy relating to Independent Travellers and Groups
- 3.5. A DEPOSIT PAYMENT, equal to fifty percent (50%) of the total rental amount shall be due to confirm the booking. The Deposit Payment secures the dates for the guest until the Balance Payment is due.
3.6. A BALANCE PAYMENT, equal to fifty percent (50%) of the total rental amount shall be due 30 days prior to arrival or 60 days in case of peak season bookings.
Should the booking be made within 30 days of arrival, the full rental amount shall all be due prior to confirmation.
3.7. In case of CANCELATION, absolute no reimbursement of any monies paid. We give a credit to be used by the guest or his designee for a stay of equal duration and season within one year from the original booking dates.
3.8. RATES are per night and are inclusive of applicable government taxes. These rates apply to residential use only and are subject to change without notice. Any changes from the original enquiry as to numbers of persons or bedrooms used may result in the villa owner changing rates or booking conditions.
4. PAYMENT POLICY
4.1.1. Unless prior arrangements have been made with Nirvana Villa & Boutique Hôtel the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by Nirvana Villa & Boutique Hôtel in respect to Confirmed Reservations, as well as the payment of any cancellation fees due.
4.1.2. Payment shall be effected by electronic fund transfer into accounts as provided at time of Confirmation or via secure online payment portal.
4.1.3. Nirvana Villa & Boutique Hôtel reserves the right to request payment by credit card or PayPal to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel.
4.1.4. It is acknowledged by the Guest that, with specific reference to Touring Services which are arranged by Nirvana Villa & Boutique Hôtel pursuant to this Agreement, certain portions of said Touring Services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and /or the fees charged by Nirvana Villa & Boutique Hôtel in respect of Touring Services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.
4.1.5. Should the Guest fail to effect any payment on due date or breach any of the other Trading Terms , Nirvana Villa & Boutique Hôtel shall, be entitled to:
- 184.108.40.206. Cancel the Booking and take such action as may be deemed necessary to recover the full amount owing to Nirvana Villa & Boutique Hôtel, and / or;
- 220.127.116.11. Cancel any future Bookings made by the Guest, and / or;
- 18.104.22.168. Recover from the Guest any costs incurred due to late cancellation, and / or;
- 22.214.171.124. Refuse to accept any further bookings from the Guest, and / or;
- 126.96.36.199. Request payment from Guests on arrival prior to the rendering of any Touring Services , and / or;
- 188.8.131.52. Levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate of the country or countries where the Touring services will be conducted as published from time to time by Nirvana Villa & Boutique Hôtel’s bank and / or;
- 184.108.40.206. Apportion credits due to the Guest and apply to any amounts which may be due to Nirvana Villa & Boutique Hôtel in terms of these Trading Terms.
5. INDEPENDENT TRAVELLERS
5.1. The following specific payment policy applies:
- On Confirmation within 7 days – 30% of total invoice value
- Reflecting in the account at 60 days before arrival remaining 70% of total invoice value
5.2. In addition to the deposit payment all flights, where required would need to be paid in full.
6.1. The following Group payment terms apply and exclude any other payment conditions agreed for Independent Travellers. Deviations to this payment condition are agreed by exception:
- Deposit due within 14 days of confirmation for reservations 1 year and greater from date of travel – 30% of total invoice value
- Deposits due within 14 days of confirmation for reservations less than 1 year from date of travel
- Due at 150 days prior to arrival – An additional 30% of total invoice value
- Due at 90 days prior to arrival – Final 40% of total invoice value
6.2. In addition to the deposit payment all flights, where required would need to be paid in full.
7. BANKING DETAILS
7.1 Electronic transfers or bank drafts drawn must be in favour of the Nirvana Villa & Boutique Hôtel entity as listed on the relevant invoice provided by Nirvana Villa & Boutique Hôtel as these will vary per Nirvana Villa & Boutique Hôtel entity transacted with.
7.2 A copy of the MT103 deposit slip or bank stamped draft, together with the appropriate Guest / Group details, Reservation number and invoice number must be faxed or emailed to the Nirvana Villa & Boutique Hôtel reservations consultant being dealt with.
8. GUEST RESPONSIBILITIES
8.1 THE GUEST SHALL:
8.1.1. Provide at time of confirmation their nationality, which information is to be used for market data purposes only;
8.1.2. Adhere strictly to the provisions of the Trading Terms;
8.1.3. Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to Nirvana Villa & Boutique Hôtel;
8.1.4. Without delay, communicate all Bookings and / or cancellations to Nirvana Villa & Boutique Hôtel in writing by e-mail;
8.1.5. Promptly comply with any reasonable instruction given by Nirvana Villa & Boutique Hôtel;
8.1.6. Ensure they take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment;
8.1.7. Ensure they have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned;
8.1.8. Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;
8.1.9. Understand that in some cases their travel may take them into isolated regions and in close proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of their trip;
8.1.10. At time of Booking provide all special requests or preferences;
8.1.11. The Guest shall at all times be solely responsible for ensuring that all payments due to Nirvana Villa & Boutique Hôtel are received timeously by Nirvana Villa & Boutique Hôtel in accordance with the provisions of the Trading Terms.
9. Nirvana Villa & Boutique Hôtel RESPONSIBILITIES
9.1 Nirvana Villa & Boutique Hôtel SHALL:
9.1.1. Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing and credit control relating to the Tour and / or Tour Series;
9.1.2. Stipulate all accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;
9.1.3. Be entitled to change travel arrangements (e.g. flights), accommodation and arranged activities due to unforeseen circumstances after the itinerary has been issued. Should this occur Nirvana Villa & Boutique Hôtel will inform the Guest. Every effort will be made to operate the tour as planned;
9.1.4. Make every effort to secure special requests, however these cannot be guaranteed;
9.1.5. Promptly supply the Guest with brochures, information and marketing collateral the Guest may require;
9.1.6. On request, provide to the Guest proof of any insurance policies taken out in Nirvana Villa & Boutique Hôtel’s name; and
9.1.7. Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules and codes of practice.
10.1. The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of this agreement or in Law applicable within the Applicable Jurisdiction forthwith to cancel this agreement or to uphold this agreement and in either event to claim such damages as it may have suffered in the event that the other Party :
10.1.1. commits a breach of any of the terms of the Trading Terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or
10.1.2. takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration or judicial management; or
10.1.3. prior to or during the currency of these Trading Terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as governed by relevant insolvency Laws applicable within the Applicable Jurisdiction and /or, in the case of the Client, relevant insolvency legislation in the country of domicile (i.e. registration and incorporation) of the Client; or
10.1.4. fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) calendar days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 (ten) calendar days after the date on which it becomes final.
10.1.5. If the Guest fails to timeously pay to Nirvana Villa & Boutique Hôtel any amount due to Nirvana Villa & Boutique Hôtel set out in the Trading Terms, and fails to remedy such breach within a period of 3 (three) Business Days after receipt by it of written notice from Nirvana Villa & Boutique Hôtel calling for such breach to be remedied, Nirvana Villa & Boutique Hôtel shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these Trading Terms and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.
11. WAIVER AND INDEMNITIES
11.1 For purposes of this clause 8:
11.1.1 the term “Guest” shall include the Guest, its beneficiaries, estate, directors, partners, members, employees, agents, servants, assignees, and/or successors in title;
11.1.2 the term “Claims” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages;
11.1.3 the term “Third Party” shall include any party who does not have a direct connection with this agreement but might be affected by it, and includes Third Party Service Providers;
11.1.4 the term “Third Party Service Provider” shall include any party who does not have a direct connection with this agreement who has been engaged to carry out and operate part of the Tour; and
11.1.5 the term “Third Party Claim/s” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages that any party who does not have a direct connection with this agreement but might be affected by it may have.
11.2 The Guest acknowledges that:
11.2.1 the Tour / Tour Series or part thereof may be inherently dangerous, including but not limited to visiting isolated regions, being in close proximity to wildlife, chartered Travel and participating in activities related to the conservation of game;
11.2.2 parts of the Tour / Tour Series may be carried out and operated by Third Party Service Providers and that Nirvana Villa & Boutique Hôtel does not accept any responsibility for the performance of these parts of the Tour / Tour Series;
11.2.3 Guests may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain activities or embarking on certain travel;
11.2.4 Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk and that Nirvana Villa & Boutique Hôtel assumes no liability for lost or damaged baggage.
11.3 The Guest hereby agrees to hold harmless Nirvana Villa & Boutique Hôtel from for and against all Claims, arising from or following or in any way connected to the following:
11.3.1 this agreement;
11.3.2 the Booking;
11.3.3 the Tour / Tour Series or any part thereof;
11.3.4 all and any statutory or strict liability;
11.3.5 all and any negligent acts (excluding gross negligence) or omissions of Nirvana Villa & Boutique Hôtel;
11.3.6 all and any acts or omissions of any other party, including but not limited to Third Party Service Providers (not limited to negligent acts); or
11.3.7 all and any extraneous events including but not limited to rain, storm water, hail, lightening, fire, riots and strikes.
(Note: The effect of this clause is that the Guest abandons any Claims that it may have against the Nirvana Villa & Boutique Hôtel arising from, following or in any way connected to the items.
11.4 The Guest hereby agrees to indemnify Nirvana Villa & Boutique Hôtel from, for and against all Claims, which may be taken or made by a Third Party, arising from or following or in any way connected to the following:
11.4.1 this agreement;
11.4.2 the Booking;
11.4.3 the Tour / Tour Series or any part thereof; or
11.4.4 the conduct of the Guest.
(Note: The effect of this clause is that if any Third Party makes or brings a Third Party Claim against Nirvana Villa & Boutique Hôtel connected to this Agreement, the Tour or any part thereof or the conduct of the Guest, the Guest will be responsible to pay to Nirvana Villa & Boutique Hôtel the value of the Third Party Claim).
11.5 The Guest hereby agrees to indemnify Nirvana Villa & Boutique Hôtel from, for and against any legal or other expenses which may be incurred as a result of and/or in consequence of any Third Party Claim arising from or following or in any way connected to this Agreement, the Tour or any part thereof or the conduct of the Guest.
(Note: the effect of this clause is that if any Third Party makes or brings a Third Party Claim against Nirvana Villa & Boutique Hôtel arising from or following or in any way connected to this agreement, the Tour or any part thereof or the conduct of the Guest, in addition to being responsible to pay the value of the Third Party Claim, the Guest will be responsible to pay to Nirvana Villa & Boutique Hôtel the cost of any legal or other expenses that may be incurred as a result of the Third Party Claim).
12. FORCE MAJEURE
12.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.
12.2. The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.
13. DISPUTE RESOLUTION
13.1. In the event of any dispute, controversy or claim (a “Dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the Dispute between themselves.
13.2. If the Parties are unable to resolve a Dispute by mutual agreement within 14 (fourteen) days after the Dispute is first communicated in writing by any Party to the others, then the Dispute shall be submitted to and decided by arbitration in accordance with the Applicable Laws governing arbitration proceedings within the Applicable Jurisdiction.
13.3. The provisions of this clause 10 shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.
14.1. If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
14.2. Neither Party, nor trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any Party, may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreemen.
14.3. Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.
14.4. No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
14.6. Except to the extent of its own gross negligence, recklessness or wilful misconduct, Nirvana Villa & Boutique Hôtel will not be responsible for any damages suffered by the Guest as a result of the transmission of confidential or other information disclosed to Nirvana Villa & Boutique Hôtel through the Internet.
15. NOTICES AND ADDRESSES
Any notice, consent, approval or other communication in connection with this agreement (“Notice”) will be in writing in English.
15.2.1 Each Party chooses the physical address and/or email address corresponding to its name below as the address to which any Notice must be sent.
220.127.116.11 Nirvana Villa & Boutique Hôtel :
Nirvana Villa & Boutique Hôtel – Koh Samui
Ko Samui District
Surat Thani 84140
Email address: firstname.lastname@example.org
Marked for the attention of: Group Legal and Compliance Officer
The details provided by the Guest as his/her/its physical address and /or email on the cover page of the Trading Terms alternatively in the event of the Trading Terms not having been signed by the Guest the physical address and /or email address as provided by the Guest at the commencement of the Booking process.
15.2.2 Any Party may by Notice to the other Party change its address and/or the person, if any, for whose attention any Notice must be marked in clause 15.2.1.
15.3 Any Notice takes effect when received by the recipient (or on any later date specified in the Notice) and, unless the contrary is proved, is deemed to be received:
- 15.3.1 on the day of delivery, if delivered by hand to a responsible person at the recipient’s physical address in clause 15.2.1. If delivery is not on a Business Day, or is after ordinary business hours on a Business Day, the Notice shall be deemed to have been received on the Business Day after the date of delivery; and
- 15.3.2 on the first Business Day after the date of transmission, if sent by email to the recipient’s email address in clause 15.2.1.
Despite anything to the contrary in this agreement, a Notice actually received by a Party is effective even though it was not sent, or delivered, or sent and delivered to its address in clause 15.2.1.
15.4 Service of Legal process:
- 15.4.1 Each Party chooses its physical address referred to in clause 15.2.1 as its address at which legal process and other documents in legal proceedings in connection with this agreement may be served.
- 15.4.2 Any Party may by Notice to the other Party change its address at which legal process and other documents in legal proceedings in connection with this agreement may be served to another physical address provided that the new physical address is situated in the Country of incorporation/registration of the relevant Nirvana Villa & Boutique Hôtel legal entity through which the Tour or Tour Series are Booked.
All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own client scale, shall be borne by the Party in breach.
17.1 All provisions of this agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
17.2 Any provision of this agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this agreement shall remain of full force and effect.
17.3 The Parties declare that it is their intention that this agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
18.1 Nirvana Villa shall be entitled, without the consent of the Guest, to cede, delegate or assign all or any of its rights and/or obligations under this agreement to any affiliate within the Nirvana Villa & Boutique Hôtel Group of Companies (“the Cessionary”), or a nominee elected by Nirvana Villa & Boutique Hôtel.
18.2 On any cession, assignment and/or delegation taking place in terms of clause 18.1, the Guest shall, if so required by any Cessionary, make all payments to such Cessionary.
18.3 The Guest shall not, without the written consent of Nirvana Villa & Boutique Hôtel, be entitled to cede, assign, delegate or otherwise transfer any of its rights or obligations under this agreement to any third party.
19. ENTIRE AGREEMENT
19.1 Save for where expressly provided herein, the covering letter and agreement, read with the confirmation of acceptance of each provisional booking, any rights conferred on Nirvana Villa & Boutique Hôtel by the Guest in other documents, contains the entire agreement between the Parties.
19.2 Nirvana Villa & Boutique Hôtel shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by Nirvana Villa & Boutique Hôtel, its companies or servants) which are not recorded therein.
19.3 Subject to the provisions of this agreement, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
20. JURISDICTION AND GOVERNING LAW
20.1 Subject to the provisions of clause 10 above, the Parties unconditionally consent to the relevant court(s) within the Applicable Jurisdiction having the authority to preside over any matter(s) / dispute(s) arising from this agreement.
20.2 The terms and conditions of this agreement shall be governed by, and shall be construed in accordance with the Laws of the Applicable Jurisdiction.
This agreement may be executed in counterparts, each of which will be deemed to be an original of this agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this agreement.
22.1 Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows:-
- 22.1.1 “Accommodation” means collectively any accommodation reserved by Nirvana Villa & Boutique Hôtel at any of the Nirvana Villa & Boutique Hôtel Lodge and Camps or any third party property and / or the provision of Activities and / or third party services (where relevant) reserved by Nirvana Villa & Boutique Hôtel;
- 22.1.2 “Activities” means any recreational pursuit reserved by Nirvana Villa & Boutique Hôtel and shall include, without limitation, sight seeing excursions, sporting activities and adventure activities;
- 22.1.3 “Nirvana Villa & Boutique Hôtel Lodges and Camps” means collectively those lodges owned and/ or operated by Nirvana Villa & Boutique Hôtel including under canvas and mobile expedition products;
- 22.1.4 “Applicable Jurisdiction” shall mean the country of domicile in which the relevant Nirvana Villa & Boutique Hôtel entity responsible for the processing and the administration of the Booking is registered and incorporated;
- 22.1.5 “Applicable Laws” means the Laws of the Applicable Jurisdiction;
- 22.1.6 “Booking/s” means the initiation, processing, amendment and/or finalisation of any Tour and shall include provisional bookings;
- 22.1.7 “Booking Amendments” means any change required by the Guest in the travel and/ or arrival date, any increase or reduction in the number of rooms booked, and/ or any services required after the date of Confirmation;
- 22.1.8 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Country of incorporation / registration of the relevant Nirvana Villa & Boutique Hôtel legal entity through which the Tour or Tour Series are Booked;
- 22.1.9 “Confirmation” means written confirmation by the Guest confirming that the Reservation will be honoured and guaranteed;
22.1.10 “Group” and “Group Reservations” shall mean 15 (fifteen) full paying Guests or more per Reservation;
- 22.1.11 “Guest/s” means the end user of services rendered by either Nirvana Villa & Boutique Hôtel or a third party during the Tour and / or Tour Series;
- 22.1.12 “Independent Travellers” shall mean 14 (fourteen) full paying Guests or less per Reservation;
- 22.1.13 “Laws” means all legislation, statutes, regulations (as amended, replaced or re-enacted from time to time) which may be applicable in the Applicable Jurisdiction;
- 22.1.14 “Parties” means collectively Nirvana Villa & Boutique Hôtel and the Guest, and “Party” means either of them as the context may require;
- 22.1.15 “Rates” means the rates for the Accommodation as set out by Nirvana Villa & Boutique Hôtel in its then current rate documents, as substituted and sent to the Guest from time to time;
- 22.1.16 “Reservation” means a reservation made by the Guest on behalf of the Guest and confirmed by Nirvana Villa & Boutique Hôtel Villain writing;
- 22.1.17 “Tour” means all and any arrangements reserved by Nirvana Villa & Boutique Hôtel for the Guest, including but not limited to Accommodation, meals and beverages, Travel and Activities and “Touring Services” shall have a similar meaning;
- 22.1.18 “Tour Series” means a pre-arranged Tour being organised, marketed and sold to the Guest prior to commencement which may comprise of a single or multiple dates/ departures;
- 22.1.19 “the/ these Trading Terms or “the / this agreement” means the trading terms contained in this document as amplified by the provisions of any Annexure attached hereto or document referred therein from time to time;
- 22.1.20 “Travel” means any transport reserved by Nirvana Villa & Boutique Hôtel, including but not limited to road, water and air travel; and
- 22.1.21 “VAT” means Value Added Tax or any similar consumption tax payable in any country.