Terms and Conditions

Important information that you need to know.

Acceptance

Using this website or making an enquiry to the Company shall be taken as confirmation of acceptance of the following conditions. Moreover, all or any emails used in the enquiry and booking process are deemed to be legally binding as though they are part of these terms and conditions and of the rental agreement and contract.

Parties Involved

Bookings are made between you ("the Customer") and with Phuket SILK Properties Co., Ltd ("SILK", "the Company") acting as agents on behalf of the Owners/Managers of the properties featured in the Company's website or other publications belonging to the Company. Your final agreement regarding the property rental (excluding services provided by SILK) is therefore between you and the Owners/Managers.

Moreover, as the properties and the staff provided by the Owners/Managers are not under direct control of SILK, we cannot be held responsible for the actions, or lack of thereof, by the property staff, contractors hired by the Owners/Managers or by the Owner/Managers themselves. SILK will however always provide assistance to you and will to the maximum extent possible try to ensure smooth interaction between all parties involved and seek to ensure a positive outcome to any problems that may arise.

When in doubt whether the staff belongs to SILK or if a service is offered or endorsed by SILK, you should always contact us by email or call us on our mobile phone hotline (+66 83 550 1177).

All properties have different terms and conditions, which are provided by their Owners/Managers, and some properties will ask you to sign a copy of their terms and conditions whilst staying in the property. We will inform you of such conditions on Confirmation of Availability and Rates, following your booking request.

Displayed Information

All the rates displayed on the website are shown for full occupancy unless otherwise stated. Where a property has more bedrooms than requested the other bedrooms not in use will be locked. All other property services remain the same unless otherwise stated.

Every property has a preferred currency (displayed under the rates list, usually USD) which shall be used to calculate the final rates and payment amounts. All other currencies that may be displayed are for convenience purposes only.

All dates and times for bookings are based on the local (Thai) dates and times.

Unless expressly stated in the Booking Confirmation, rates do not include baggage handling, gratuities, telephone or fax charges, car rental, food, soft drinks and/or liquor, personal items and expenses due to any other third parties, and any excessive cleaning required upon departure (such as upholstery or rug shampooing, etc) or replacement of breakage's. Fair wear and tear accepted.

Use of the Site

You should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed by or to SILK, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

You may download Content displayed on this Site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of SILK or others.

You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.

Confirmation of Availability and Rates

Upon receipt of a Booking Request, the applicable rental rates and the amount of deposit required will be advised. All the rates displayed or announced are subject to change prior to your booking enquiry being confirmed.

The rates given are based on the original enquiry only and the rented property is only to be occupied for the total agreed number of guests and bedrooms at the time of booking. Any changes from the original enquiry as to numbers of persons and bedrooms used may allow the Owners/Managers to change rates or booking conditions or to not accept the original enquiry even if it has been confirmed and payment has been made.

Children and Personal Staff are counted in the total allowable in each property. This includes infants for some properties and both the number of children and infants is totally at the discretion of the Owners/Managers as to the total numbers being calculated for property occupancy.

Please note that property facilities are included as shown for payment for the full rates. Some properties reserve the right to amend the available facilities for rates which have been discounted from the normal seasonal rates. These changes will be advised to you prior to Booking Confirmation.

Bookings are on a 'first-come, first-served' basis and are for a minimum of three (3) nights or more depending on the booking period and the Owners/Managers requirements and as otherwise specified in the Confirmation of Availability.

Booking Confirmation

The Booking Confirmation is a binding agreement when you pay your rental deposit, and the property rental shall only be confirmed upon receipt of payment.

A payment in response to your Rental Confirmation constitutes your acceptance and agreement to all terms, conditions, limitations and restrictions as laid out in these Terms and Conditions and on the e-mail booking confirmations.

Until your payment has been received the Owners/Managers may hold the dates for you subject to their discretion but also allow other enquiries.

Special discounts are usually only available against full rates not discounted rates and vary from property to property so please enquire if you are requesting any special promotion. Promotions are not useable in conjunction with any other promotion or discount.

Payments

A deposit payment secures the dates for you until your balance is due. The deposit amount will vary according to the Owners/Managers terms of rental.

If SILK does not receive the deposit within 5 banking days the reservation shall be deemed to have been cancelled and SILK reserves the right to allocate the property to another client and cancellation charges will apply according to these Terms and Conditions.

Transfer of the outstanding balance must be paid at least 30 days before the day of arrival, unless otherwise specified in the Confirmation of Availability.

If SILK does not receive the balance within 30 days of the arrival date, SILK reserves the right to invalidate (automatic cancellation without notice) the booking and cancellation charges will apply, according to these Terms and Conditions.

If the booking is confirmed within 30 days of the arrival date, the whole amount of the property rental is to be paid at the time of booking. If proof of payment or payments are not received within 24 hours from the date and time shown on your Confirmation of Availability, then the booking is automatically cancelled without any prior notification. We do not accept last minute bookings where the arrival date is less than 3 days (72 hours) away. This is applicable for all seasons.

Payment can be made by international bank transfer, nett of bank fees. Bank details and payment instructions will be displayed on the Confirmation of Availability.

Please ensure your bank transfers the exact total shown on your invoice without deduction of any fees which are the responsibility of the client. Any payment received which is not as the exact amount will be adjusted on your balance payment or your security deposit.

Cancellations, Amendments and Refunds

If it becomes necessary to cancel all or any part of the booking, SILK must be notified in writing (email acceptable provided an acknowledgment has been received). The cancellation will take effect from the day the written confirmation is received.

Cancellation charges will apply according to the Owners/Managers' rental terms and conditions. Notwithstanding such conditions, SILK will always retain 10% of the paid amount whenever the cancellation is made by the Customer.

Any repayment of funds or desposits will incur a small bank transfer fee as charged by SILK's or the Owners/Managers' banks any variations on exchange rates are to the clients account for all refunds.

Though it is unlikely that SILK will have to make any changes to confirmed arrangements, it may occasionally happen, and we will advise you at the earliest possible date.

If, for any reason beyond our control, we are unable to provide you with the property booked (ie. the property is damaged or rendered unusable), SILK will endeavor to locate the Customers to an alternative property for the period required but no guarantee is given that this can be done.

However, if this is not possible, or Guests do not wish to be transferred, SILK will cancel the booking and refund in full, less any bank transfer charges and variations on exchange rates, the amount paid to SILK for the property rental. SILK shall not be liable for any further obligations or claims by the client.

Security Deposit

On certain occations at SILK's and the Owner's/Manager's sole discretion, a security deposit may be payable to SILK with the payment of the balance, or in cash on arrival, as agreed on the Booking Confirmation. This is to cover the cost of any damage or breakage's during the rental period of the properties or their contents. It may also be used to cover the cost of the use of telephones and other services.

If requested this amount will be returned to you at the time of departure, less any such costs. Please note that some properties may change your security deposit into Thai Baht and return it to you less deductions in the same currency.

Arrival and Departure Times

Although Check-In and Check-Out times will vary from property to property, the Customer should assume that the Check-In Time is 3:00pm and Check Out time is 10.30 am. Early arrival and late departure may be available depending upon availability of the properties at the time of arrival or departure, and some properties will charge extra for these, therefore please advise in advance to be informed. The specific conditions for a certain property are available on request.

The Client is responsible for informing the correct arrival details (flight number) whenever an airport transfer is part of the SILK service. Failure to inform SILK of such details timely and correctly will be grounds to cancellation of such service without refund.

Registered Guests

Only those persons stipulated on the booking form may reside at the property as guests. Please notify us as soon as possible of any changes. The number of people staying at the property, including children, must not exceed the maximum capacity indicated in the property description or elsewhere (stated as "Sleeps"), except in the case of infants (under two years old), or unless specifically authorized.

The property rentals are confirmed based on the number of "Sleeps" displayed on your Booking Confirmation form unless otherwise agreed in writing. If the number of guests found to be in the property at any time exceeds that number then the SILK or the Owners/Managers reserve the right to charge an extra fee at their discretion per day or per night for each extra person which includes children or to ask the extra person or persons to leave the property immediately.

For parties and events, requiring a large number of guests to stay at the property, conditions will vary according to the Owners/Managers discretion, and shall only be allowed having received proper authorization from the Owners/Managers.

Staff at the Properties and Offered Services

The services of some staff may be included at the rented property (such as Property Managers, Maids, Handymen, Thai Chef...) by the Owner/Manager. These staff aren't under direct control of SILK and therefore SILK cannot be liable for any of their actions or lack thereof, although SILK will act as the mediator between you, the Customer, and the Property Staff, to ensure smooth relations and successful outcomes to any problems that may arise.

Additional services not provided by the Owner/Manager may be supplied by SILK upon request, although such services cannot be guaranteed and depend on availability. Unless otherwise stated, such services will be performed by subcontractors hired by SILK, and likewise SILK can assume no liability for their actions or lack thereof.

We recommend the Customer to provide as much notice as possible, especially during peak holiday seasons and we shall try to assist. The rates for these services will be provided in advance and shall be paid to SILK on the service reservation date, or as incurred, whichever the earliest.

Conduct and Behavior

The person paying the deposit for the property rental, or another person designated as the "Group Leader" by the latter, shall be responsible for the correct and appropriate behaviour of the guests staying at the property, as well as for ensuring compliance to these Terms and Conditions by all the members of the party.

Should any member of the party behave in a manner considered inappropriate, or engage into any unlawful activities, either SILK or the Owners/Managers may at their absolute discretion ask the offending guest or guests to vacate the property forthwith.

In such a case, this will be treated as a cancellation of the original booking and no refund can be claimed from either SILK or the Owners/Managers.

Moreover, the Customers shall be responsible for their rented property during occupancy and should lock windows and doors securely at all times when not on the premises.

All equipment and property features are used at the Customers' risk, and it is the Customers' responsibility to cause no harm to themselves or others. The Customers are required to take due care when residing at the property 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 Guests are not permitted to enter the properties when wet from swimming as the floors can be slippery. Damage or injury arising as as result shall not be the responsibility of SILK or the Owners/Managers in any way whatsoever.

Air-Conditioners should only be used when the rooms are occupied. The Owners/Managers retain the right to charge extra for excessive or misuse of the air-conditioner systems (such as leaving doors/windows open with air-conditioners on, etc...).

Insurance

It is a mandatory condition of the booking that the Customer's whole group is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

SILK or the Owners/Managers of the rented properties are held harmless by you and your party against all claims including any accidents related to the use of the properties' facilities or locally procured third party services such as, but not limited to, watercraft, water sports, jeep or motorbike rental.

SILK shall not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside of SILK's control such as civil disturbances, fires, floods, severe weather, Acts of God, acts of Government etc.

By acceptance of this contract it is assumed by SILK that this requirement has and will be complied with in full.

Complaints

SILK accept no responsibility for any modifications made which are not mentioned on the website or anywhere else. SILK and the Owners/Managers can not be held liable for the breakdown of the supply of water, or electricity, or internet connection nor of swimming pool filtration systems, though we will use our 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 property staff, contact SILK immediately and SILK 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. SILK 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 SILK within 24 hours of the occurrence giving rise to the complaint, and must then be notified in writing (email accepted provided an acknowledgment has been received) to SILK before departure. Should a problem that has been notified remain unsolved please make a complaint in writing (email accepted provided an acknowledgment has been received) to SILK within 14 days of the completion of the rental period. If the property is vacated before the end of the rental period without mutual written 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 SILK or the Owners/Managers.

Limitation of Liability

While SILK uses reasonable efforts to include accurate and up-to-date information on the site, SILK makes no warranties or representations as to its accuracy. The properties, information, products and services published on this site may include inaccuracies or errors, including pricing errors. In particular, SILK does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the properties and other travel products displayed on this site (including, without limitation, the pricing, photographs, list of amenities and general product descriptions), much of which information is provided by the respective suppliers. In addition, SILK expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. In such event, you will have the option to keep your pending reservation at the correct price or cancel your reservation without penalty.

The property owners and other suppliers providing services in connection with the site are independent contractors and not agents or employees of SILK. SILK and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. By offering services located in particular locations, SILK does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

The information and services provided or referenced on the site are provided “as is” and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. In no event shall SILK, its affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of or access to this site or the delay or inability to use this site, or for any viruses, information, software, linked sites, products and services obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if SILK, its affiliates or any of their respective suppliers has been advised of the possibility of damages.

Governing Law

Any matters arising with regard to any legality in these terms is deemed as being under Thai Law and as such is only covered by the jurisdiction of Thailand. All disputes shall be settled at the Provincial Court of Phuket, Thailand.

Updates
These Terms and Conditions may change from time to time, we will post those changes on this page, and update the Terms and Conditions modification date below, so please visit this page from time to time to keep yourself informed.

The Terms and Conditions were last modified on June 15th, 2013
Copyright © 2014 Phuket SILK Properties Co., Ltd.
Terms & Conditions - Privacy Policy - Related Websites