Villa Gembira

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

1. 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”).

2. 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.

3. 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

4. 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

5. 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

6. The Client is responsible for the payments of all rental costs and for compliance with these Terms of Use.

7. 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.

8. 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.

9. 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.

10. 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.

11. Discount vouchers awarded to clients are non-transferable, non-exchangeable, non-refundable and non-cumulative.

• Best Price Guarantee

12. 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

13. 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

14. 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.

15. 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.

16. 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.

17. 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.

• Liability

18. 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 accommodation services, travel agent services or any act that can be construed in any way as an act of an accommodation 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.

19. 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.

20. 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.

21. 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 Company. 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.

22. 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.

23. 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.

24. 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 (100) USD if no such payments have been made as applicable.

• Termination

25. 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

26. 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.

27. 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.

28. 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

29. These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

30. The Client hereby acknowledges and agrees to submit to the exclusive jurisdiction of the courts of Singapore.

31. 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

32. These Terms of Use are written in English. The English writing will prevail over any translation available.