Please read these terms and conditions of use
("Terms",
"Terms of Use")
carefully before using the Website operated by the Company. By using
the Website, the Client agrees to be bound by these Terms.
Definitions
This website (the
"Website")
is operated by C ASIA Pte. Ltd., a Singapore private company limited
by shares (registered under the number 200718423H) (the “Company”).
The villas on the Website
(individually a “Villa”
and collectively the “Villas”)
are offered for short term furnished holiday rental from their owner
or their legal representative (the "Owner")
to the renter (the "Client")
under the following Terms of Use. Some Villas may also have related
terms and conditions of rental (the “Villa
Specific Rental Conditions”),
available on the Villa page on the Website. When making an inquiry
on the Website or via phone or email, the Client accepts and agrees
to these Terms of Use and to the Villa Specific Rental Conditions.
These Terms
do not apply to Villa Specific Rental Conditions, and the Client
shall carefully review the Villa Specific Rental Conditions. In case
of contradiction between these Terms and any Villa Specific Rental
Conditions, the Villa Specific Rental Conditions shall prevail. The
Client shall be held liable for any breach of these Terms and the
Villa Specific Rental Conditions by any Party.
For the purposes of these
Terms, “Party”
means any other person than the Client who stays in the Villa with
the Client.
The Company on the Website
provides an online platform through which Owners can advertise
Villas for reservation. By making a reservation through the Website,
the Clients enters into a direct, legally binding, contractual
relationship with the relevant Owner. The Company sends the details
of the reservation to Owner and sends the Client a confirmation
email for and on behalf of the Owner and is not a party to the
direct, legally binding, contractual relationship between the Client
and the Owner.
Reviews
Clients' reviews may be
uploaded onto the Villa page for the sole purpose of informing
future Clients of other opinions of the service level and quality of
the Villa. The Company reserves the right to adjust, refuse or
remove reviews at our sole discretion.
Reservation
To reserve a Villa, the
Client must pay to the Company an initial non-refundable deposit
(50% of the total rent due, unless otherwise specified in the Villa
Specific Rental conditions). Upon reception of the confirmation
email and deposit, the Company, on behalf of the Owner, will send a
Villa confirmation voucher. The reservation is not effective until
required payment is received. Reservations can only be accepted from
Clients aged 18 or over at the time of the reservation.
Price and payments
The Client is responsible
for the payments of all rental costs and for compliance with these
Terms of Use.
The rental prices are all
in United States Dollars (USD) and include the following, unless
otherwise specified in the Villa Specific Rental Conditions:
- Use of a furnished and
fully-equipped villa for the duration of the period specified in
the confirmation voucher
- Household linen,
crockery, cutlery and electrical household appliances. All villas
are privately owned, so decor, colors and inventories will of
course vary.
- Cost of water,
electricity, gas (if any), air conditioning fuel (if applicable),
pool maintenance (if any) and garden maintenance (if any)
- Presence of Owner's
representative on arrival and departure for transfer of keys and
other formalities.
Prices DO NOT include the
following:
Cost of telephone calls,
- Any optional services
not previously specified and billed,
- Client's travel
insurance, medical insurance or personal liability insurance.
The balance of the rent is
payable 60 days before arrival, directly to the Company, unless
otherwise specified in the Villa Specific Rental condition. If full
payment is not received as specified, the Owner reserves the right
to cancel the booking and refuse admission to the Villa.
The rental prices are all
in United States Dollars (USD) at the time of the reservation. Any
later discount or price increase of the Villa will not be applicable
to confirmed bookings. Payment can also be made in AUD, EUR, SGD,
HKD, NZD, GBP or CNY at the prevailing Citibank FOREX public rate of
the day of the payment (NB: the rate of the day of the payment will
be used, thus deposit and balance payment can have a different
amount). Payments can be made by Bank transfer, Credit Card, Cash
(SGD only), Cheque (SGD only). The Client must pay all bank charges
and Credit cards are accepted subject to a 3% service charge.
Discount vouchers awarded
to clients are non-transferable, non-exchangeable, non-refundable
and non-cumulative.
Best Price Guarantee
The Company has direct
contracts with Owners where Owners guarantee to give the Company
their best prices and special offers on their Villa – thus the
Website can guarantee the best prices for the relevant Villa. The
Website does not add any service fee on top of the Villa prices. In
the event that the Client finds a cheaper and valid price for the
same Villa at the same period, on a website duly authorised by the
Owner, the Company will claim the difference for the Client from the
Owner.
Cancellation
Deposit and balance payment
are non-refundable unless otherwise specified in the Villa Specific
Rental conditions. Any modification or refund on the Client’s
booking is in any case subject to admin fees of 200 USD (Two Hundred
United States Dollars).
Conditions of stay
The rental period shall
commence 2.00 pm on the first day and end at 11.00 am on the last
day of the rental period, unless otherwise specified in the Villa
Specific Rental conditions. The Owner shall not be obliged to offer
accommodation before the time stated and the Client shall not be
entitled to remain in occupation after the time stated.
The maximum number of
people residing in the Villa cannot exceed the number stated on the
on the Villa Pages on the Website without explicit permission of the
Owner. The Owners reserve the right to refuse service or rentals to
anyone at their complete discretion.
Upon arrival and departure
of the Villa, a record of the state of repair of the Villa and its
contents might be made with the Owner. If no record of the state of
the Villa and its content is made, the Villa and furniture will
deemed to be in good state of use. Certain Owners ask for damage
deposit as specified in the Villa Specific Rental Conditions. Unless
otherwise specified in the Villa Specific Rental Conditions, damage
deposits are fully refundable upon departure, provided there is no
breakage, damage, missing items, no additional cleaning for villas
left abnormally dirty, long-distance calls charged to the villa's
telephone, and no other charges incurred before, during or after the
Client or its Party stay, still outstanding. The Client agrees to
pay the Owner for the cleaning or replacement costs for all damages
to personal property or to the real estate, which may occur as a
result of the Client's occupancy, excluding normal wear and tear.
The Client shall report to the Owner without delay any defects in
the Villa or breakdown in the equipment, machinery or appliances in
the Villa so that arrangements for repair and/or replacement can be
made as soon as possible.
Accommodation is provided
for the sole purpose of tourism and any commercial use of the Villa
is strictly forbidden. The Client represents and warrants that he is
renting the Villa for the purpose of tourism only and under no
circumstances may he establish residence at that address. The
Client understands and agrees that it is solely responsible for
compliance with any and all laws, rules and regulations, that may
apply to its use of the Website.
As a
consequence, the Client undertakes
not to engage in any illegal, illicit, immoral or business-related
activity within the Villa. The Client agrees to be a considerate
tenant and to take good care of the Villa and to leave it in a clean
and tidy condition at the end of the rental period. The Client agrees
to lock villa's windows and doors securely at all times when not on
the premises, and must exercise care in securing all personal
property. It is forbidden to fix objects to the walls and to displace
furniture and appliances. For reasons of hygiene, pets are not
permitted in the Villa unless authorised in writing by the Owner or
the Company or otherwise specified in the Villa Specific Rental
Conditions. The Client must respect the rules and regulations
applicable to the Villa in which his accommodation is situated: he
must not be the source of excessive noise or other disruption, which
might disturb neighbours, and he must respect regulations concerning
the use of the communal areas of any apartment building.
Activities booked via
the Website
The Company allows the
Client to book leisure activities through the Website (the
“Activities”).
The Client may pay directly the Activities simultaneously with the
payment of the reservation of the Villa or during its stay in the
Villa. The Activities are performed by the Client or the Party under
their sole responsibility and the
Company shall not be liable for damages, injury, accidents, death,
delay, cancellation or irregularity relating to or arising out during
the practice of the Activities, by the Clients or its Party, and
any transportation during their trip.
Liability
The Company is a technology
company that does not provide any accommodation services in the
Villas and is not a travel agent. It is up to the Owner to offer
accommodation services in the Villas to the Client and it is up to
the Client to accept such accommodation services in the Villa. The
service of the Company is to link the Client with the Owners but
does not nor is it intended to provide accomodation services, travel
agent services or any act that can be construed in any way as an act
of an accomodation provider or a travel agent. The Company is not
responsible nor liable for the acts and/or omissions of any Owner
and/or any accommodation services provided to the client, nor any
travel agent services provided to the client by any third party.
The Company shall not be
liable for events beyond its control which may interfere with the
Client’s scheduled occupancy, including but not limited to
Acts of God, acts of governmental agencies, fire, strikes,
terrorism, war, inclement weather, flooding, disturbance or noise
coming from outside the villas such as private or public
construction, traffic, animals or neighbours. No rebate of refund
will be offered by the Company in these circumstances.
The Company reserves the
right to substitute comparable or better accommodations without
liability if the Villa reserved is sold or rented long-term, out of
order, undergoing renovation, inadvertently double-booked, or deemed
substandard by the Company for any reason. If comparable
accommodations are not available, the Client will receive a refund
of the nights that have not been honoured.
The Company may organise
transportation for the Client or the Party. Transportation is
supplied by providers who operate independently of the Website
and/or the Compay. The Company shall not be liable for property loss
or damages, injury, accidents, death, delay, cancellation or
irregularity occurring during such transportation, including, but
not limited to, damages which may be occasioned either by reason of
defect in any vehicle, ferry, or aircraft or the acts of any company
or persons engaged in conveying the Clients or its Party.
The Company shall not be
liable to the Client for any injury, loss of limb or life of the
Client, any member of Party, or any visitors of the Client to the
Villa during the rental period. The Clients represents and warrants
that it and all members of the Party have sufficient travel
insurance, medical insurance cover, personal injury and personal
liability insurance for the duration of their stay at the Villa and
their practice of the Activities, and
any transportation during their trip.
The Client acknowledges
that the use of the some facilities, including but not limited to
the swimming pool, terraces and stairs, and of furnishings and
appliances, particularly those in the kitchen and bathroom (the
“Facilities”),
may prove dangerous. The Client and the members of the Party are
fully responsible for taking all precautions before using the
Facilities. The Company shall not be held liable for any death or
injury arising out of or in connection with the use of the
Facilities.
In no event will the
Company’s aggregate liability arising out of or in connection
with these Terms and the Client’s use of the Website,
including, but not limited to, from the Client’s booking or
any Villa via the Website, or from the Client’s use of or its
inability to use the Website and in connection with any
accommodation in any Villa exceed the amounts the Client has paid
for bookings via the Website in the Twelve (12) month period prior
to the event giving rise to the liability or One Hundred (50) USD if
no such payments have been made as applicable.
Termination
Any breach of the above
Terms of Use will lead to immediate termination of the rental of a
Villa Twenty Four (24) hours following a formal notice to cease such
breach. In such case, the Client will be required to vacate the
Villa immediately and with no compensation whatsoever.
Severability –
Changes
If one or more of the
provisions of these Terms is held to be invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction,
then the validity, legality and enforceability of the remaining
provisions of these Terms shall be unaffected.
The Company reserves the
right, at its sole discretion, to modify or replace these Terms at
any time. If a revision is material, the Company shall try to
provide at least 30-day notice prior to any new terms taking effect.
What constitutes a material change will be determined at the
Company’s sole discretion.
By continuing to access or
use the Website after those revisions become effective, the Client
agrees to be bound by the revised Terms. If the User does not agree
to the new Terms, he shall stop use the Website.
Governing Law
These Terms shall be
governed and construed in accordance with the laws of Singapore,
without regard to its conflict of law provisions.
The Client hereby
acknowledges and agrees to submit to the exclusive jurisdiction of
the courts of Singapore.
The Company’s failure
to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms
is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between the Company and the Client
regarding the use of the Website and any booking thereto, and
supersede and replace any prior agreements the Client and the
Company might have regarding the Website or any booking.
Language and Applicable
law
These Terms of Use are
written in English. The English writing will prevail over any
translation available.
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