ANAIA

Bookings | Terms & Conditions Terms & Conditions - Summary

• To make and obtain a confirmed booking please complete the booking formonline
• Bookings are secured only upon receipt of the full deposit amount bycredit card or bank transfer
• Rental Fees include: villa rental, utilities, onsite staff services forcleaning and gardening services, use of linen & towels, and a call-outservice for repairs or equipment problems
• Rental Fees do not include: transport costs, food, consumable items,insurance, breakages or excessive cleaning charges.
• Nominally, check-in is after 3pm, check-out is before 11am.

• Motark Enterprise Limited, henceforth referred to as the “Owner”, whose registered office is Unit J, 9/F King Palace Plaza, 55 King Yip Street, Kwun Tong, Hong Kong SAR is the owner of the ‘ANAIA Villa’ property available to let in Koh Phangan, Thailand
• BIM Investments Limited, henceforth referred to as the “Manager”, “We” or “Our”", whose registered office is Unit 2A, 17/F Glenealy Tower, 1 Glenealy, Central, Hong Kong SAR is the manager of the ‘ANAIA Villa’ property available to let in Koh Phangan, Thailand
• ‘ANAIA’ is a registered trademark of BIM Investments Limited, whose registered office is Unit 2A, 17/F Glenealy Tower, 1 Glenealy, Central, Hong Kong SAR.
• Renters and members of the Renter’s party who rent the property owned by Motark Enterprise Limited, and managed by BIM Investments Limited, are hereinafter referred to as “Guest”, “Guests”, “You” or “Your”.
• Accuracy of website and other information. The Owner and Manager make every effort to ensure that advertised descriptions and images are correct, however the Owner and the Manager reserve the right to make changes/improve the property and services from time to time

• Payment  - 100% of total Rental Fees must be paid at the time of booking to confirm a booking.
• Payment can be made either by:
• Bank Transfer
• Credit Card

• A surcharge of 3% of the total amount due will be added when the payment method is ‘Credit Card’
• No contract will exist between the Guests and the Owner until the Manager has received and accepted both the full Rental Fees and the completed booking form. To avoid any doubts, the Manager is authorized to receive the Rental Fees on behalf of the Owner.
• If payment has not been received by the Manager within 3 calendar days from the date of the reservation, the Owner and Manager will assume that the Guests have cancelled the reservation.
• Included in the base Rental Fees:
• Use of the villa
• Utilities (Electricity and water)
• Onsite staff services for cleaning and gardening services
• All Linen and towels – changed once per week
• Call out service to repair any equipment problems
• Excluded in the base Rental Fees (these additional charges must be paid directly to the Manager):
• Airport transfers. These terms may vary in the case of specific promotions
• Car rentals and other transport charges
• Food drinks and other consumables
• Cancellation Insurance
• Insurance for personal possessions
• Excessive cleaning charges (e.g. upholstery)
• Breakages
• Airport transfers, scooter rentals, initial stocking of food, additionalmaid services, and local excursions & experiences can be ordered at anadditional cost. These services can be ordered at the time of booking or laterduring the stay.
• Any additional charges for breakages should be settled  upon check-out. The Guest agrees to reimbursethe Owner for the cost of repairing or replacing (solely at the Owner’s and Manager’sdiscretion) any item of property, or contents at the Villa, which is damageddue to negligence or wilful default of the Guests during the Guest’soccupation, or which is missing. The Manager will collect such reimbursementpayments from the Guest upon check-out on behalf of the Owner.
• The Guest whose name the booking is made in acts on behalf of all other persons within the party, and becomes responsible to the Owner and/or the Manager for all payments in respect of the booking.

• In the event that Guests have to cancel their booking at any time, the Manager will charge the following cancellation charges to Guest on behalf of the Owner:
• If Guest cancels within 14 days of the booking start date, Guest will be charged 100% of total Rental Fees
• If Guest cancels within 60 days of the booking start date, Guest will be charged 50% of total Rental Fees
• If Guest cancels more than 60 days before the booking start date, the Manager will reimburse 100% of paid Rental Fees to Guest on behalf of the Owner
• In case of refunds, the Manager will withhold any credit card fees and/or bank transfer fees that were incurred by the Manager when processing the original booking and subsequent cancellation and refund from the refund to the Guest.
• It is a condition of the booking that the entire party is covered by comprehensive travel insurance, which Guests will need to purchase independently of their villa booking.

• Although it is unlikely that the Owner and/or Manager will have to make any changes to confirmed arrangements, it is sometimes unavoidable in which case we will advise Guests at the earliest possible date, if for any reason beyond our control, we are unable to provide the property booked.
• The Owner shall reserve the right to cancel reservations, if for example, the property is damaged or rendered unusable.
• In case of cancellation by Owner, the Manager will cancel the booking and refund Guests in full on behalf of the Owner, less any bank transfer charges. Owner and/or the Manager shall not be liable for any further obligations or claims by the client.

• The Manager, on behalf of the Owner, will endeavour to accommodate changes in Booking dates wherever this is possible
• If such changes happen more than 60 calendar days prior the original arrival date, such changes will be made at no extra charge should the new dates be for the same number of days and within the same season.
• If such changes happen 60 calendar days or less prior to the original arrival date, such changes will be made at a charge of 50% of the total Rental Fees of the original booking
• If such changes happen 14 calendar days or less prior to the original arrival date, such changes will be made at a charge of 100% of the total Rental Fees of the original booking
• Changes in Booking dates will be accepted subject to availability. If the applicable total Rental Fees for the new booking dates are higher than for the original booking dates, Guest will be charged this difference in Rental Fees. The Manager will collect these additional Rental Fees from the Guest on behalf of the Owner

• Check-in time is 3 p.m. or later
• Check-out time is 11 a.m. or before.
• The Manager will endeavour to accommodate early check-ins and late check-outs if requested, however, this cannot always be guaranteed.
• When Guest requests a late check-out, the latest check-out time shall be no later than 6pm on the original departure date. Manager, on behalf of the Owner, shall charge Guest a late check-out charge of 25% of the rental rate that is applicable to the departure date

• Only those persons declared at the time of booking may reside at the villa as Guests. Should there be changes to the number and/or specific Guests staying during the booking period, then please notify the Manager as soon as possible of such changes.
• The number of people staying at the villa must not exceed the number indicated by Guests at the time of booking, except in the case of infants (under two years old), or unless specifically authorised.
• There is a maximum capacity of 10 adults that can stay at the villa. For the sake of clarity. anyone above age of 7 is considered as an adult. In addition to 10 adults, 2 infants can stay at the villa (age 0-2) and 1 toddler (age 3-6) at no additional fee.
• Should the Manager find that the number of people staying at the property exceeds that declared at the time of booking, the Manager may, at the absolute discretion of the Manager, ask the extra person or persons to immediately vacate the villa.
• No camping is permitted in the grounds or gardens adjacent to the villas.

• It is a condition of the booking that the entire party is covered by comprehensive travel insurance. Such insurance should cover:
• Health insurance
• Booking cancellations,
• Flight delays,
• Loss and damage to baggage and other property
• It should be noted that Thailand has a high standard of healthcare throughout the hospital network, but treatment can be very expensive. The Thai Government may introduce mandatory health insurance requirements for overseas visitors. Guests should check the latest insurance requirements prior to their departure.
• The Owner and Manager are not responsible to Guests for any and all claims including any accidents related to the use of the property facilities or locally procured third party services such as watercraft, water sports, car or motorbike rental etc.
• The Owner and Manager are also not responsible to Guests for any and all claims (including any accidents) due to events that occurred outside of the property’s boundaries. The term “outside of the property’s boundaries” includes any areas that may be directly adjacent to the property, but that are not part of the property (e.g. the viewpoint on the rocks adjacent to the property, the driveway next to the property).
• The Owner and Manager will not be responsible for any delay, additional expense or inconvenience caused directly or indirectly by events outside the Owner and/or Manager’s control such as civil disturbances, fires, floods, severe weather, acts of God, acts of Government etc.

• In the unlikely event of a problem with the Guests rental property occurring, whilst Guests are in Koh Phangan, please contact the Manager directly so that the matter can be attended to..
• The Owner does not accept responsibility for the breakdown of the supply of water, or electricity, nor of swimming pool filtration systems, although the Manager will use its best endeavours to rectify such issues promptly.
• It is understood that infrastructure, local standards and conditions are often of a less developed nature than those Guests may be accustomed to in their home countries. The Manager will do as much as can be reasonably expected to avoid and rectify any problems that may occur, but Owner and Manager cannot be held responsible for problems occurring due to the failure of local infrastructure.

• The Guests are responsible for the correct and appropriate behaviour of their party staying at the property. Should any member of the party not behave in such a manner or cause disturbance to guests in adjacent properties the Manager will request that the Guests refrain from such behaviour and in extreme circumstances may, at their absolute discretion, ask the offending Guest or Guests to vacate the property forthwith, without compensation.
• The Guests are NOT allowed to use to property for hosting events and parties with attendance of guests not staying at the property, who were not registered at the time of booking. For the sake of clarity, Guests are allowed to have a maximum of 10 guests at any time at the property as visitors.  
• Loud music, live music (including DJs) is NOT allowed at the property after 10:00pm as this can cause disturbance to the neighbours and guests in surrounding properties. 
• Smoking at the property, both indoor and outdoor, is NOT allowed. On behalf of the Owner, Manager will recharge any cleaning costs to Guest when applicable.

• For your safety and security, the property is equipped with a closed circuit television (“CCTV”) security solution along the property perimeter.
• No CCTV is installed within any of the indoor areas of the property.
• Owner will collect and store images and visual recordings captured through this closed circuit television system solution for security reasons only
• Owner and/or Manager may review collected and stored images and visual recordings captured during Guest’s stay in order to ensure the safety and security of both Guest and Owner’s property and belongings
• Any valuables left at the property are left at the Guests own risk. Neither the Owner, Manager nor the staff at the property are responsible for any loss or damage to valuables or other property of the Guests.
• The property bedrooms are equipped with safes for the safe keeping of valuables.

• The Manager collects Personal Data from or about Guests
• The term “Personal Data” as used in this Privacy Policy refers to any information relating to an identified or identifiable individual, or as defined under applicable law.
• When you contact us, book as a guest, or use our website, we collect certain Personal Data from you. Manager may collect the following Personal Data:
• Contact Details: Guest name, e-mail address, phone number, physical address (billing and residential);
• Demographic Data: Demographic information and location data, and government-issued identifiers (e.g., drivers’ license (including dates of birth), passport numbers or other national identifiers);
• Financial Details: Guest credit card details;
• Guest Stay Information: Guest stay information, special requests and preferences (including spend, vacation preferences, amenities requested, language preferences, ages of children or companions and any other aspects of the services used);
• Other Data: Other types of information that you voluntarily choose to provide to us.
• Sensitive Personal Data: From time to time, you may provide or we may collect what is considered sensitive personal information or “special categories of personal data” under applicable privacy laws (herein referred to as “Sensitive Personal Data”). For example, you may disclose your religious affiliation to us when you host or attend an event at our property or provide your dietary restrictions so that we can accommodate you during your stay. We only process Sensitive Personal Data if and to the extent permitted and required by applicable law or with your express consent. Unless otherwise required by applicable law, you are not required to provide us with any of your Sensitive Personal Data. Should you choose not to, your decision would not prevent you from using our Services.

• We collect Personal Data about you in a number of ways, including when you provide such data to us. This includes:
• When you make reservations, stay at a property managed by us, or plan or attend an event. Guests who elect to make reservations through the Manager will be asked to supply specific Personal Data, including your Contact Details and Demographic Details such as your name, e-mail address and contact information, as well as Financial Information to secure the reservation, such as a credit card number.
• If you plan or host an event at a property managed by us, we collect event specifications, such as your name, contact details, date of event, occasion, number of guests, and length of stay. We also collect information about guests that are a part of your group or event.
• When you sign up for promotional offers or newsletters. We collect your e-mail address when you sign up for promotional offers or newsletters
• When you provide your comments and feedback or communicate with us. We may collect Personal Data that you voluntarily share with us in surveys, guest feedback or comment cards, as well as on third-party websites. We also collect your Personal Data when you communicate with us via text or e-mail or otherwise, like WhatsApp
• From social media. We collect Social Media Details such as when you ‘like’ our website, share content or follow us on social media sites like Facebook, Twitter, Pinterest, Instagram, or WeChat.

• Manager may also collect Personal Data from other sources. This may include:
• From Your Travel Companion(s). We may collect Personal Data related to you from your travel companion. Children’s Personal Data may be collected through their parent or guardian. If you are the party submitting Personal Data relating to other people in connection with the Services, you represent that you have the authority to do so and permit us to use their Personal Data for the purposes described in this Privacy Policy.
• From Other Sources. We may receive your Personal Data from other sources, like public databases, joint marketing partners, social media sites that consisting with your settings on related services, and other third parties including online booking services, travel agencies, airline, credit card partners and other parties who sell products and services under our brand. Such information usually includes your Contact Details, Social Media Details, Your Feedback and Other Data that you voluntarily choose to provide to us.

• We use your Personal Data, both for business and commercial purposes as set forth below.
• Performance of a Contract. We process your Personal Data in order to perform a contract with you, including to complete your reservation.
• Legitimate Business Reasons. We use your Personal Data where we have a legitimate business reason to do so, pursued by a third party or us. This includes providing you with superior customer service and a personalized experiences when staying at a property managed by us. Such legitimate business reasons also include providing you with information that you have requested and responding to your inquiries, detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity; debugging and repairing errors; verifying customer information
• To Comply with Legal Obligations. We process your Personal Data where it is necessary to comply with legal obligations to which it may be bound. This includes complying with legal processes, responding to requests from public and government authorities around the world, and pursuing available remedies or limit damage we or other third parties may sustain.
• With Your Consent. We process your Personal Data when we have your valid consent to do so, including to communicate (including by e-mail and SMS) with you during your stay, to send you promotional offers, newsletters, information on us, and other marketing communications; and to process Sensitive Personal Data you may have provided us in connection with your stay; for example, any dietary restrictions.
• Vital Interest. In certain circumstances when it is not possible to obtain your consent, it may be necessary for us to process your Personal Data, including Sensitive Personal Data you provided to us, where it is in your vital interest or in the interest of others, for example in the event of a medical emergency.

• The Manager does not rent or share your information without your consent except in accordance with this Privacy Policy or for the purposes disclosed on any online form or location where you provide Personal Data to us. The Manager also does not engage in the sale of Personal Data

• Manager may disclose your Personal Data to the following parties:
• To Property Owners. The Personal Data you provide to us in connection with making a reservation, including your Contact Details, Demographic Data, Financial Details, and Guest Stay Information, is shared with the relevant Property Owner for purposes of meeting your reservation request. After your stay, we retain your Personal Data, including the details of your stay and your preferences. You can object to the retention of your Personal Data for this purpose by contacting us on home@anaiavilla.com.
• Commercial Service Providers and Suppliers. We outsource certain functions and/or information to third parties that provide services to the Manager such as Services hosting, data analysis, payment and credit card processing, order fulfilment, customer service, e-mail delivery, financial services companies, delivery services, advertising networks, and information technology.
• External Partners. We may share your Personal Data to other partners, consultants and advisors who render services to us, including financial institutions, external auditors, lawyers, and credit card issuers.
• Travel-Related Service Partners. We may share your Personal Data with select third parties, including your Contact Details, Demographic Data, Financial Details, and Guest Stay Information.
• Social Media and Message Boards. If you connect to one of our social media pages, we may disclose your Personal Data including your Social Media Details to your friends associated with your social medial account, to other website users, and to your social media account provider, in connection with your social sharing activities. We may make reviews, message boards, blogs and other user-generated content available to users on our Services. Any information disclosed in these areas is public information and you should accordingly exercise caution when deciding to disclose your Personal Data in this context. We are not responsible for the privacy practices of other users including web operators to whom you provide information.
• Business Transfers. From time to time, we may sell our business, property and other assets. In those circumstances, we may include Personal Data collected about you, or control of that Personal Data, as a business asset in any such transfer. Additionally, we may disclose your Personal Data to a buyer or other successor in the event of a merger, sale or other transfer event, in which Personal Data held by us about our users is among the assets transferred.
• Anonymized Data. We may share aggregated data with third parties collectively in an anonymous way, which does not reveal Personal Data.
• Legal Obligation. If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, pursuant to a legal request, subpoena or other legal processes, or in order to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or to protect the rights, property, or our safety, our guests, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

• We maintain commercially reasonable security safeguards that are designed to protect the Personal Data we collect against unauthorized use, disclosure, alteration or destruction. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and we cannot guarantee or warrant that your Personal Data is under absolute security with the existing security technology. Additionally, when requesting information or sending information or forms to us by e-mail, please be advised that e-mail communication to and from our Services are not secure unless clearly noted otherwise. This is a risk inherent in the use of e-mail.
• Our Services may contain links to, or have features that are hosted by, other third-party websites or services that are not owned or controlled by us. For example, we give you the opportunity to connect, link, or share our Services (and the content you access) via certain social media websites.
• This Privacy Policy only addresses the collection, use, and disclosure of information by us through your interaction with our Services. This Privacy Policy does not address the policies or practices of any third parties or any third-party websites or features that are linked to or available from our Services. If you provide any information to any other third parties, different rules regarding the collection and use of your Personal Data by such third parties may apply. Please contact these entities directly if you have any questions about their privacy practices.
• We retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable law. Note that we may need to retain certain information for recordkeeping purposes and/or to complete transactions (e.g., when you make a purchase or reservation), and you may not be able to change or delete the Personal Data you provided until after completion of such purchase or reservation.
• If You have any questions or comments about Our privacy practices or this Privacy Policy or to exercise your rights with respect to your Personal Data (as applicable), you may contact us on home@anaiavilla.com.  

• Manager may use the Personal Data provided by You (including email and SMS) to communicate with You before your stay, during your stay, and after your stay.
• Manager may also use the Personal Data provided by You to send You promotional offers, news letters, information on us, and other marketing communications.
• You may opt out of these direct marketing & communication activities by notifying us on home@anaiavilla.com.

• In relation to the Personal Data collected by the Manager, Guest agrees and acknowledges that:
• The Personal Data requested is necessary for the Manager to process Your reservation and provide You with relevant services
• The Personal Data collected in the reservation form may be used by the Manager for the purposes stated in its Privacy Policy in section 11 above and for Direct Marketing & Communication purposes as stated in section 12 above
• The Manager may transfer the Personal Data to the parties as stated in its Privacy Policy in section 12 above
• Guest may gain access to, or request correction of Your Personal Data via email on home@anaiavilla.com
• That where Guest is providing Personal Data on behalf of another person to the Manager, Guest has obtained consent from the other person who have agreed that their Personal Data will be released to the Manager

• These Terms & Conditions govern all bookings with the Owner. Any booking made or order placed by the Guests, whether through the Manager's website or otherwise, shall be deemed an offer by the Guests to rent the relevant accommodation subject to these Terms & Conditions.
• All bookings with the Owner, through the Manager or their Agents, and all matters arising from them are subject to Hong Kong law and to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region (Hong Kong SAR)
• The Guest who makes the booking accepts these conditions on behalf of all members of the party and is responsible for all payment due from the party. Booking services with the Owner are only available to persons who are at least 18 years old.
• By making a booking Guests warrant and confirm to us that Guests have read these Terms & Conditions and agree to comply with them.