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Bliss Villas Rental Agreement

This BLISS Villas Rental Agreement (The “Agreement”) is made by and between

Madsat Phangan Co., Ltd a Thai Company owning Bliss Villas located at 9/9 Moo 8, Koh Phangan, 84280 Surat Thani (hereinafter referred to as the “Lessor”) and represented by its Managing Director Stéphane Banfield of one part and

All guests registered at Check-in represented by main guest who signed the Check-in Form accepting therefore the present rental agreement

(Hereinafter collectively referred to as the “Lessee”) of the other part.

The parties hereby agree to enter this Agreement in accordance with the following terms and conditions.

 

Location, length of Stay and rental fee

The lease dates are from check-in date until check-out date. These dates are indicated in the Check-in Form.

Name of the Villa concerned by this agreement (“Villa Madeva”, “Villa Satya” or “Villa Thea”) is also indicated in the Check-in Form and is referred to as “The Villa” in the present agreement.

Total rental fee and remaining balance is also indicated on the check-in Form.

Upon arrival at The Villa and at signature of the Check-in Form, the Lessee shall pay the Lessor the total rental fee or any remaining balance. If the remaining balance is not void, payment upon arrival may be done either by cash or by Credit Card under condition stated in the next paragraph. If booked via airbnb.com, the airbnb terms and conditions for payments & security deposit apply.

Check-in, Check-out and Payments

Check-in time: from 2 PM until 8 PM (Can be sooner depending on occupation of The Villa in the morning of arrival). Check-in time may happen after 8 PM as longs as it is agreed between the Lessor and the Lessee beforehand or under exceptional circumstances due to transportation issues.

Check-out time: 11.00 AM unless other arrangements have been made and agreed upon by the Lessor. In case of late check-out without notification and arrangement, 200% of the daily rate will be charged to the Lessee. In any case Lessee cannot remain after 4 PM in the Villa.

Early arrivals or late departure times are subject to the availability of The Villa and extra fees may be required.

In case of interruption of stay before the agreed date of departure (indicated in previous paragraph), there will be no refund.

Any damage (equipment, furniture, decoration, curtains, linen or towels, etc…), breakage, loss of towels or any other items will be paid immediately after they have been noticed by The Lessee or upon check-out if noticed at that time. All costs are listed in the “Inventory and Villa Check” page and Inventory List inserted at the end of the Welcome book. Upon signature of this agreement, the Lessee accepts all costs listed in the Inventory page and Inventory list of the Welcome Book at the time of rental.

Bills for alcoholic or soft drinks, laundry service or any other additional service(s) not included in the rental must be settled upon check-out or at least once a week for longer stays. Price for any item sold in The Villa is indicated in the Welcome Book.

Any payment can be done either by Cash or Credit Card. We accept major credit cards (Visa, MasterCard, UnionPay). Please note that we add a service charge of 3% for any payment using Credit Card. Payment by Credit Card for external supplier’s services through the Management implies a 7% additional charge due to VAT. The Lessee accepts hereby the cancellation policy and fees for services listed in the Welcome Book. Please refer to Welcome Book for details on Payment for services and cancellation fees for the services.

Condition and Use of Villa

The Villa is provided in “as is” condition. The Lessor shall use its best efforts to ensure the operation of all amenities in The Villa, such as internet access, satellite TV access, Swimming Pool or Kitchen Appliances. The Lessor shall not be held responsible for such items failure to work, but will make every effort to correct any issues reported as quickly as possible. Lessee acknowledges that use of amenities such as Jacuzzi, Swimming pool, Kitchen Appliance, decks and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Lessee’s own risk.

Water from showers and taps is not appropriate for drinking. DO NOT DRINK WATER FROM THE TAPS. A water dispenser is provided to you free of charge in The Villa as well as other drinks from the outdoor fridge.

As it is the case for most homes in Thailand, the Lessee is required to remove their shoes before entering The Villa.

The Lessee shall not use any swimming pool maintenance material, including the Pool control Box, that he may find around The Villa (vacuum, nets, chemicals, etc…) in order to do himself the pool maintenance or for any other inappropriate usage.

Security Deposit

A security deposit of 30,000 THB or equivalent in USD or EUR, is required at check-in. The security deposit is to be paid by Cash and it will be returned to the Lessee upon check-out and in the same currency as it was received by the Lessor.

In the event that The Villa or its immediate surroundings incurred damages or any breakages during the stay of the Lessee, unless caused by intruders, the costs may be deducted from the security deposit. This excludes normal and acceptable wear and tear.

The condition of The Villa and Premises will be judged by the management, the Lessor or the representative of The Villa Management based on the inventory list provided to the Lessee in the Welcome Book. 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 Villa Management before leaving The Villa.

Number of Guests, Registered Guests, Social Events and Noise disturbance

The booking is for a specified number of people. Maximum 6 guests in The Villa and 1 additional child under 12 years old per bedroom, sleeping on an extra single bed provided, but limited to 2 children sleeping in extra beds in the whole Villa. Additional cost for use of extra-bed is 1,000 THB per night per bed and 500 THB per night for baby cot (Costs applies even if extra-bed or baby cot are not used).

Only the specified guests listed at the time of booking or registered upon check-in may reside on the Premises. The number of registered guests given at the time of the booking is the maximum number of guests allowed. Should a new guest reside in The Villa after check-in (within the limit of maximum guests allowed) he should be reported immediately to the Lessor for registration. Should the Lessee who signed this agreement need to permanently leave the Villa, this is considered as a Check-out and no other guests should remain in the Villa after his departure unless expressly authorized by the Lessor.

Social events are permitted, but not parties. However the invited guests are not allowed to reside in The Villa and stay overnight if the total number of people exceeds the total amount of maximum guests allowed in The Villa. Over consumption of alcohol leading to disrespectful behaviour and disturbance of the neighbourhood will not be tolerated and guest under a very drunken state will be asked to leave immediately.

Please also note that if the Lessee invites visitors into The Villa during his stay, he will be held responsible for any trouble, accident, theft or damage that may be caused by his visitor(s). Maximum number of people allowed at any time in The Villa is 20 people.

The Lessee agrees that all personal property and items brought into The Villa by the Lessee or their permitted visitors shall be at the sole risk of the Lessee with regard to any theft, damage, destruction or other loss and the Lessor shall not be responsible or liable for any reason whatsoever.

Noise must be kept at a reasonable level, especially from 11pm to 8am while neighboring guests are sleeping. The Hifi System in The Villa should not be brought outside on the terrace under any circumstances. Children should be directed to keep voices in mindful levels.

Private Sound Systems (except from small portable speakers) are not allowed anywhere in the Villa or in outdoor areas. Sound System will then be removed or not allowed at check-in, stored away and given back upon departure.

Due Care and Supervision / Indemnity

It is understood that the Lessee is responsible and liable for the safety and well being of guests and third parties while staying at The Villa. Both the Lessee and guests are required to take due care during their stay and take precautions such as supervision of children in the gardens, near the entrance, on the beach and in the ocean and near or in the swimming pool. All children must be under the direct supervision of an adult at all times.

Guests are required to enter The Villa in the terrace area with precaution while they are wet from swimming, as floors may become slippery.

Part of the Rooftop, which is behind the fence, is strictly restricted. Guests are required not to go behind the fence as it can be dangerous.

It is strictly forbidden to use any fireworks or fire related objects in or around the Villas, on the beach or anywhere in property around the Villas.

There is a dedicated access, with appropriate steps, that leads to the sea, indicated by signs “To The Sea”. The Lessee should not try to walk on the rocks to go down to the beach or back up to The Villa and instead use these accesses as they are safer.

Damages or injuries resulting from the above mentioned scenarios are the responsibility of the Lessee. The Lessee indemnifies and holds The Villa Management free of liability resulting from such claims that result as consequences of accidents leading to injury or loss of life.

Entry and Inspection

The Lessor reserves the right to enter The Villa at reasonable times and with reasonable advance notice for the purposes of inspecting The Villa or showing The Villa to prospective purchasers, renters or other authorized persons. If the Lessor has a reasonable belief that there is imminent danger to or from any person or property or equipment, the Lessor may enter The Villa without advance notice.

The Lessor or his Staff will need to access and enter The Villa for cleaning purposes (See Paragraph “House Cleaning”). However the Lessee may also refuse the cleaning if he wishes to remain alone all day in The Villa. However the Lessee cannot refuse Staff entering The Villa for cleaning if no cleaning has been done for 3 days in a row. Besides, Staff will also need to briefly access The Villa’s terrace / outdoor area daily (Pool cleaning, outdoor fridge refill, plant watering..) and the Lessee can indicate a favourite moment of the day to do so.

Conduct and Behavior

When renting The Villa, The Villa Management maintains responsibility for the appropriate behavior of the Lessee. If any guest behaves in an inappropriate manner, is drunk or disrespectful of The Villa rules, The Villa Management, Lessor or their representative, at their absolute discretion, may ask the offending party to leave the Premises. In this case, no refund shall be claimed by the Lessee.

Illegal activities, including gambling, and the possession and/or use of drugs or firearms are strictly prohibited on the territory of Bliss Villa.

No party with loud music, under any circumstances, should be held by the Lessee or guests in The Villa or on the Premises.

Smoking policy

No smoking policy inside The Villa. The guests are required to use any outdoor area with provided ashtray for smoking. The Lessor reserves the right to charge for: deterioration due to smoking or curtain laundry or ozone sanitization or collecting cigarette stubs on the premises.

Pets

We love animals but sorry pets are not allowed on the Premises, whether inside or outside The Villa.

Commercial Activity, Events or External Providers

Organisation by the Lessee or the Lessee’s supplier of a wedding, wedding party, performance, show, concert, fire show, seminar, in-house massage, Chef service, any sports or dive course at The Villa or on the premises is strictly prohibited without prior consent of the lessor. In case of violation the Lessor will be entitled to charge a percentage or fee of such organized event and charge any fee related to any damage caused by the event or activity. In the event that The Villa is being used by the Lessee for any illegal activity, any commercial activity / activity involving money transaction, the Lessor shall be entitled to terminate this Agreement with immediate effect and ask the Lessee to leave the premises within the hour.

Parking

Designated area are at the Lessee’s disposal to park his car and or motorbike(s), free of charge. These areas are indicated by a sign and have lamps in low walls to show boundary of the parking lot. The Lessee is not allowed to park at any other place in the property, especially right next to the entrance door, in between the Villas or at the parking place designated for another Villa. If the Lessee invite guests he is required to make sure that his guests park at these designated areas.

If the Lessee fails to comply to a proper parking in designated areas, the Lessor may move away vehicles not parked in the designated areas.

Valuables & Security

Access to The Villa is monitored by CCTV cameras. If anything happens related to intrusion or security the Lessee should report it to the Lessor within the next hours so that the Lessor can use CCTV images and cooperate with local authorities. The lessee is required to comply with the following security rules: 1/ The Lessee must not change orientation, disable or obstruct any CCTV camera on Bliss Villas Property. 2/ The Lessee is required to close Villa entrance door and lock all bay windows before leaving The Villa or at night when going to sleep 3/ The Lessee shall not communicate Villa keyless entry code to other people except from registered guests. Breaching security rule on CCTV may imply the responsibility of the Lessee in any security issue, such as theft, that occurred in any part of Bliss Property since it would create a breach in the surveillance system and void some of the insurance benefits in the contract that the Lessor has signed with his insurance company. Besides, the Lessor is entitled to pursue remedies against the Lessee for any compensation or responsibility linked to any of the above breaches in security rules. In case of theft in The Villa rented by the Lessee, a breach in one of the security rules will imply that all stolen Villa items would be entirely paid for by the Lessee according to price listed in Villa inventory since there will not be evidence of forced entry into the Villa. The Lessee shall also close outdoor fridge, by using code provided, when leaving The Villa. Any item removed from the outdoor fridge is considered consumption and is billed accordingly.

Lessee’s personal valuable items such as passports, cell phones, tablets, cameras, credit cards, wallets, cash or jewellery should be stored in the safety deposit box provided in each bedroom of The Villa as these items are not covered by the Lessor’s insurance. Neither the Lessor nor the staff can be held responsible for any valuables left behind, lost or damaged and provide Lessee any form of compensation. Any items left behind may be sent to the Lessee’s home provided item is of reasonable size and after payment of shipping expenses.

Maintenance & Malfunction

The Lessee is required to promptly report any malfunction or failure in The Villa to the management or the staff.

The Lessee must not access anywhere below The Villa floor, the Air Conditioning Outdoor Units, the water pump and water storage area, or the swimming pool pump unit or the Swimming pool control box – that must be left closed at all times – or the electricity cupboard and technical storage area which will be locked. In the case that any of these areas are in need of repair or maintenance the Lessee must inform the Lessor. The Lessor will be responsible for the maintenance of these areas. The Lessor or representatives of the Lessor or Staff reserve the right to enter the Premises at a reasonable time in order to gain access to complete repairs or perform maintenance.

Utilities

Utility costs are included in the rent unless stated otherwise during reservation. However the included electricity usage is 90 kWH daily, which is considered comfortable usage of all devices in The Villa for 6 people. Intensive usage may be charged 7 THB per additional kWH.

The Bliss Villas abides with an eco-friendly policy. Therefore, we kindly ask the Lessee and the guests not to leave water taps open and to close bay-windows while air-conditioning is in use. Besides, we request that all air-conditioning must be switched off when guests need to go out or stay long outside of The Villa. Villa staff may perform action in order to comply with this policy.

Barbecue

The Lessor may provide the Lessee with a charcoal Barbecue upon request, for a limited amount of time (Afternoon, evening) and depending on availability. The Lessee will be provided with all necessary items to light the Barbecue. The Lessee must take all necessary caution to safely light the barbecue. Under no circumstances the Lessee shall use the Barbecue inside The Villa, on the Rooftop or on the terrace. The Lessee must not have the barbecue close to any wall or close to the swimming pool pump unit and shall use it only on the beach in front of the terrace. The Lessee must pay attention that while the Barbecue is hot not to deposit the cover on the floor or on the lawn.

Use of Toilets

There is no gutter on Koh Phangan and only septic tanks are used. The Lessee or any guests should not put toilet paper in the toilets. A closed bin is provided next to the toilets for toilet paper disposal. In case of blocked toilets due to abusive use of toilet paper, the Lessor reserves the right to charge fees to the Lessee in order to have an intervention of a plumber to unblock the toilets.

Furniture & Villa Items

The Lessee shall have no rights to modify or make any alteration to the Premises. Interior furnishings must remain inside The Villa and only designated outdoor furniture can be used on the exterior. It is strictly forbidden to stand on the Kitchen Island, as it is not designed for that usage and it will break the marble table. The Lessee shall not deposit very hot dishes directly out of the oven or from Kitchen hob on the marble tables without using provided pot holders or wood coasters. The Lessee shall not modify any parameters from the Internet Wi-Fi Routers in The Villa. The Lessee shall use the Jacuzzi Hot Tub & Spa according to the user manual provided in The Villa Welcome book. The Lessee is not allowed to apply nail in the Premises or modify any electrical wire, electrical switch, socket, lamp or antenna or other electrical equipment in all respect. If the Lessee breaches this provision, the Lessee agrees that the Lessor is entitled to charge the Lessee a penalty of 500 Baht (Five Hundred Baht) for each place where nail(s) is applied and/or modification is made. The Lessee shall also be responsible for all cost of repair rectification of the Premises to be in their original condition. The Lessee requires the approval of the Lessor in order to bring any furniture of his own inside The Villa. It is forbidden to take away any object belonging to The Villa, this would be considered as a theft.

Upon signature of the Check-in Form that accept the terms of this Agreement the Lessee acknowledges he has received an inventory of all items in The Villa and in the outdoor premises with corresponding prices of replacement (Inventory list in the Welcome book).

House Cleaning

House Cleaning is included in the Rental Fee (change of trash bags, floor cleaning, making beds, cleaning sinks…). If the Lessee does not ask for House Cleaning more than 3 days in a row, the Lessor is entitled to perform the cleaning without the Lessee’s consent. If upon Check-out the state of cleanliness of The Villa is below acceptable, extra fees will be charged to the Lessee. Amount can vary depending on how long it is necessary to put The Villa back into a clean state.

Linens, Towels and Body Paint

Linens and towels are provided by The Villa and due to our eco-friendly policy, linens are changed every 4 days, once more if necessary with extra-charge. Bathroom & beach towels are changed every 2 days. Additional charges may apply if more frequent changes are needed.

In case the Lessee has Fluorescent paint on his body, he is required to shower and remove the paint before using any towels, linen or going to bed. Stains of Fluorescent paint being impossible to remove from linen, towels, curtains, sofas, cushions, beds, the Lessee would have to pay for new material in case of stains.

Laundry of personal clothing by a third party can be arranged at the Lessee’s cost, The Villa Management shall not be held liable for any loss or damage by the third party.

Lessee Insurance

Guests are required to have both liability and comprehensive travel insurance that provides coverage, including, but not limited to, cancellation, loss and damage to baggage and other property, and flight delays. Guests should also carry health coverage that includes, but is not limited to evacuation and repatriation. The Villa Management or the Lessor shall not be held liable to the Lessee or his guests for any and all claims, including any accidents related to the use of The Villa, facilities or locally procured third party services such as, water sports, car or motorbike rental, etc. Please note that usually such insurance is provided through major credit cards on the condition that the airplane tickets are bought with that card and for stays below 90 days.

Force Majeure

In the event of incidents such as fires, floods, civil disturbances, power cuts or any dysfunction of public electrical network or other public infrastructures, severe weather and any other type of delay, inconvenience, or expenses caused directly or indirectly by events outside of The Villa Management’s control, The Villa Management shall not be held responsible.

Complaints

Any problems or complaints that occur during the rental period should be discussed first with the Villa Management who will rectify the situation to the best of their professional ability. The Villa Management or the Lessor cannot be held liable for issues such as interruptions to water supply, electricity, Internet connection, Satellite TV, or breakdowns of pool filtration systems. The Villa Management will do everything within reasonable expectation to avoid complaints in the first place, and it should be understood that when staying in a less developed and remote resort location, the infrastructure, local standards, and conditions are typically less developed than in urban environments. In case of complaints, Lessee should do it within 24 hours after the issue occurred. Complaints made after checkout will not be considered.

The Lessor cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. In the event of building works taking place by local authorities, private developers or neighbours, it is important to note that the Lessor is not responsible for such work and is unable to stop such work taking place and is unable to control the level of noise. The Lessor cannot be held responsible for any building works that take place during the rental period. No refunds can be given in the event of nearby construction

Social Corporate Responsibility

Lessee and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use The Villa for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the property. Unlawful possession, use or consumption of any illegal substances is prohibited in The Villa.

Assignment or sublease

The Lessee shall not assign or sublease The Villa or permit the use of any portion of The Villa by any other persons who are not registered guests at the time of check-in and included within the number of permitted occupants under this Agreement.

Villa Staff

Staff is present on the property for the safety and comfort of the Lessee. Their role is to change linens and towels, clean The Villa, operate maintenance and take care of the garden, swimming pool and surroundings. Should the Lessee need to organize additional services or any other special enquiry, please refer to The Villa Management. Asking Staff to look after minor children is not allowed.

The Lessee must allow staff such as pool maintenance workers and gardeners access to the grounds in order to complete their work.

The Lessee should not go and request anything from the Staff at their homes at the back of the Land outside. In case of emergency or for any other request, the Lessee shall use the contact that will be given to him upon arrival and / or contact at the end of this agreement.

Villa Rules

If the Lessee is in breach with any of the terms & conditions under this Agreement or with one of The Villa rules listed in the Welcome Book, after a first warning, the Lessor shall be entitled to terminate this Agreement with immediate effect without giving any prior notice to the Lessee.