Terms and Conditions

Booking a Property is very different from booking a regular hotel room, especially with regard to payments and cancellations. Please do not just tick the box to accept these terms and conditions (as we all typically do!) – do please read the following conditions carefully.

Elite Havens (“EH”) acts as a Wholesaler for Property owners (“Owner”) and their representatives (“Owner Representative”). Each time a Guest confirms a booking of a Property through EH, a Rental Contract is entered into between EH and the guest in whose name the booking is made (the “Guest”) for the agreed period (“Rental Period”). Each time a Guest books a Property through EH, the Guest is deemed to have agreed to these terms and conditions and furthermore is deemed to have agreed for personal data to be processed by EH with regards to the Rental Contract. The Rental Contract is not effective until EH has confirmed the Guest’s booking in writing.

Payment

For villas in Indonesia, Thailand, Sri Lanka and India:

When the Guest makes a booking request, the Guest must make the appropriate deposit payment to EH within 5 working days of availability confirmation. If the required deposit payment is not received within the 5 working day period, EH reserves the right to void the Guest’s booking request. The following deposit payment applicable to most villas (see individual villa terms for full details) must be received by EH:

For rentals beginning more than 75 days after the date of the booking request – a deposit of 20% of the total rental amount is payable
For rentals beginning 75 days or less after the date of the booking request – the total rental amount is payable as a deposit

Where a 20% deposit applies to the booking, the Guest must pay the remaining 80% balance not less than 75 days before the scheduled arrival date.

For chalets in Japan:

For rentals beginning more than 75 days after the date of the booking request – a deposit of 50% of the total rental amount is payable
For rentals beginning 75 days or less after the date of the booking request – the total rental amount is payable as a deposit

Where a 50% deposit applies to the booking, the Guest must pay the remaining 50% balance not less than 75 days before the scheduled arrival date.

For villas in Maldives:

When the Guest makes a booking request, the Guest must make the appropriate deposit payment to EH within 7 working days of availability confirmation. If the required deposit payment is not received within the 7 working day period, EH reserves the right to void the Guest’s booking request. The following deposit payment applicable to most villas (see individual villa terms for full details) must be received by EH:

For rentals beginning more than 30 days after the date of the booking request – a deposit of 50% of the total rental amount is payable
For rentals beginning 30 days or less after the date of the booking request – the total rental amount is payable as a deposit

Where a 50% deposit applies to the booking, the Guest must pay the remaining 50% balance not less than 30 days before the scheduled arrival date. This applies to all periods except Festive (20th December- 10th January), where balance payment is to be paid not less than 90 days before the scheduled arrival date. Festive period rentals beginning less than 90 days after date of the booking request requires the total rental amount payable as a deposit.

Additional costs

The cost of electricity, mains water, cleaning and garden supplies, and local taxes are included in rental rates. For chalets in Japan an additional cleaning fee will be applicable, details of which will be communicated at the time of reservation. There are generally no additional costs, surcharges, taxes, staff salaries, or management fees above the price quoted unless otherwise stated in the property description, the Guest booking confirmation or reservation voucher. If the information in any of these is inconsistent, the most recently issued terms will prevail.

Typically, provisioning costs will be the Guest’s responsibility. Gratuities for household staff are encouraged and normal, but are left entirely to the Guest’s discretion.

Reservation Voucher

Confirmation details, the Property address, contact details of the Owner or Owner’s Representative, transfer arrangements and directions to the Property will be sent to the Guest in a reservation voucher when full payment is received. This voucher, along with the Guest’s passport, need to be presented upon arrival.

Arrival / Departure times

Standard check-out and check-in times are 12:00 noon and 3:00pm respectively, unless stated otherwise. Typical check in times for chalets in Japan are between 3pm and 8pm while the typical check out time is 10am. EH will work with the Owner or Owner’s Representative to try to accommodate the Guest’s actual arrival and departure times, subject to availability. Please do notify EH of a change in a Guest’s schedule for EH to be able to accommodate a change where possible.

Security Deposit

A security deposit may be payable directly to the Owner or Owner’s Representative immediately upon arrival at the Property. The standard security deposit required for each Property is stated in the Property description; however, the Owner has the right to impose different requirements on a case by case basis. For chalets in Japan the security deposit will be due to EH upon payment of the remainder of the balance payment for rentals beginning more than 75 days after the date of the booking request while for rentals beginning 75 days or less after the date of the booking request, the security deposit is due immediately to EH upon payment of the total rental amount.

Access to the Property may be refused if security deposit is not paid in full. When the security deposit is required to be paid in cash, or when a non-standard security deposit applies, EH will inform the Guest in advance of the amount payable and any other conditions.

The security deposit will normally be refunded at the end of the rental period, which for Japan will be 1 week after Guest check out, after deducting:

all additional expenses incurred on the Guest’s behalf (e.g. additional charges for goods, services and staff which have not been directly paid by the Guest, and telephone and internet charges, if applicable) and
the cost of replacement or repair for any loss or damage to the Property or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined prior to the Guest’s departure, the Owner or the Owner’s Representative is entitled to withhold a reasonable estimate from the Guest’s security deposit, and will return any balance to the Guest as soon as possible after the actual cost has been determined.

Damage or Losses

A Property is typically someone’s home. Please treat the Property rented accordingly, and leave the Property and all its contents in good order and in an acceptably clean condition.

Any damage or losses caused during the Rental Period, as well as any special cleaning requirements will be the Guest’s responsibility and may be charged to the Guest’s account and deducted from the Guest’s security deposit. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, EH may require the Guest and their party, including visitors to vacate the Property immediately, without compensation or refund.

Access

The Property and its facilities are available for the Guest’s full enjoyment during the Rental Period. However the Owner, Owner’s Representative, or other staff and contractors may need access to the Property from time to time (e.g. for maintenance purposes to the house, garden, swimming pool, utilities and services, or for the purposes of providing additional services requested by the Guest, etc.). The Guest is required to give them reasonable access to the Property for these purposes.

Number of Guests

The number of persons (adults and children) staying at the Property must not exceed the maximum number of sleeping places indicated in the booking confirmation and reservation voucher, unless specifically authorized in writing. Exceeding this number may invalidate any insurance policy on the Property. Entry or access to the Property may be refused or limited where the number of guests exceeds the stated requirement. Chalets in Japan require at least 1 guest over the age of 25 years old to be part of the in-house guests. No pets are allowed unless agreed in writing in advance.

Use of Property

All bookings are assumed to be for normal holiday purposes only, and the Guest agrees that the use of the Property will be limited to this purpose unless otherwise confirmed in writing.

If the Guest is planning to hold an event, such as a wedding or party, which involves having a larger number of people at the Property, or if the Guest is planning to use the Property for a purpose other than holiday, please communicate this to EH at the time of booking, as special approval or arrangements may be required. Please note that same sex wedding ceremonies of any kind will not be accepted for properties in Indonesia to avoid potentially offending prevailing local customs and last minute disruptions to guest plans. Most parties, in particular so-called “Hens” and “Bucks” parties, will not be accepted for any of the chalets in Japan. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation. Note that some Properties are in residential areas or estates, and some are subject to rules and regulations regarding their use. Therefore, it may not always be possible to grant permission for certain uses or activities due to these or other reasons beyond the control of EH and the Owner.

If EH has confirmed a booking which includes an event at the Guest’s chosen Property, in certain circumstances the Guest must then obtain permits from the police and the local community before the event can proceed. The Guest acknowledges and agrees that EH, the Owner and the Owner’s Representative cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Property, the Owner or the Owner’s Representative will refund any event fee paid by the Guest to the Owner, however neither EH, the Owner nor the Owner’s Representative will be liable for any further refund or payment to the Guest.

Conduct and Due Care

Properties are generally located in quiet residential neighborhoods. The Guest is asked to respect this, and ensure that all guests and visitors to the Property behave appropriately. Illegal or immoral activities including gambling, prostitution, prohibited drugs, possession or use of pyrotechnics or dangerous goods, and possession or use of firearms and other weapons are all strictly prohibited. Smoking is generally prohibited unless stated otherwise in the booking confirmation or reservation voucher. Smoking is prohibited in all of our Japan properties. This is to abide by Japan's fire regulations, and also for health and safety of all guests. A ¥50,000 penalty for deep cleaning will be charged in case of any violations. The penalty will be applied each time any guest(s) is found smoking inside the chalet, or if any evidence of smoking is found.

The Guest is responsible for the behavior of the guests staying at the Property, as well as visitors to the Property during the Rental Period. Should any guest(s) or visitor(s) not behave in a suitable manner, the Owner or Owner’s Representative may, in their absolute discretion, require the Guest, their party and/or visitor(s) to leave the premises and/or vacate the Property immediately, without compensation or refund

In the interests of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be given around pools, beaches and roads, and when using all Property’s facilities.

Valuables and Security

Any Guest valuables or property left or used at the Property are at the Guest’s own risk. Neither EH, the Owner nor the Owner’s Representative accepts any responsibility for loss of or damage to Guest property. The Guest is responsible for the Property during the Rental Period, and must ensure that all windows and doors are locked securely when not on the premises. Any act or omission by the Guest, their party and/or visitors which may negate or prejudice the Property’s insurance policy and/or results in loss or damage is the Guest’s responsibility.

Price Fluctuation

Once the Guest’s booking is confirmed, the price of the Guest’s reservation is fully guaranteed, even if EH changes the price on its website after the Guest’s booking has been confirmed. In return for this commitment, no refunds will be made for any exchange rate fluctuations that would otherwise reduce the rental cost.

EH reserves the right to impose any taxes or other charges which may be implemented by any government or other regulatory body, which were unknown at the time of publishing. EH will tell the Guest promptly in the unlikely event that it becomes aware that any taxes or charges will apply to the Guest’s booking.

Cancellations

For villas in Indonesia, Thailand and Sri Lanka, in the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:

20% of the total rental amount will be forfeited if the cancellation is made more than 60 days before the start of the rental period
50% of the total rental amount will be forfeited if the cancellation is made between 30 and 60 days before the start of the rental period
100% of the total rental amount will be forfeited if the cancellation is made between 1 and 29 days before the start of the rental period.
For no-show: 100% of total rental amount will be forfeited

For chalets in Japan, in the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:

50% of the total rental amount will be forfeited if the cancellation is made more than 60 days before the start of the rental period
100% of the total rental amount will be forfeited if the cancellation is made between 1 and 59 days before the start of the rental period
For no-show: 100% of total rental amount will be forfeited

The applicable amount will be deducted from the deposit and moneys paid, and EH will refund any remaining balance to the Guest.

For villas in Maldives, in the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:

For confirmed bookings for all periods except Festive season (20th December – 10th January):

25% of the total rental amount will be forfeited if the cancellation is made 31 days or more before the start of the rental period.
50% of the total rental amount will be forfeited if the cancellation is made between 16 days and 30 days before the start of the rental period.
100% of the total rental amount will be forfeited if the cancellation is made between 1 and 15 days before the start of the rental period.
For no-show: 100% of total rental amount will be forfeited and 1-way transfer charge will be taken.

For confirmed bookings over Festive season (20th December – 10th January):

12.5% of the total rental amount will be forfeited if the cancellation is made 90 days or more before the start of the rental period.
100% of the total rental amount will be forfeited if the cancellation is made between 1 and 89 days before the start of the rental period
For no-show: 100% of total rental amount will be forfeited and 1 way transfer charge will be taken

For villas in India, in the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:

20% of the total rental amount will be forfeited if the cancellation is made more than 75 days before the start of the rental period
60% of the total rental amount will be forfeited if the cancellation is made between 46 (forty-six) and 75 (seventy-five) days before the start of the rental period
100% of the total rental amount will be forfeited if the cancellation is within 45 days before the start of the rental period
For no-show: 100% of total rental amount will be forfeited

Amendments

EH will do its best to accommodate any reasonable amendments, but the Guest should be aware that some changes may not be possible. Charges may also apply. Note: a shortening of stay for any reason is considered as a cancellation.

In the unlikely event that EH is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Property booked by the Guest, EH reserves the right to transfer the Guest and their party to an alternative Property of the similar type and value, in consultation with the Guest. If the price of the substituted Property is less than the original booking, the difference will be reimbursed to the Guest. If the price of the substituted Property is higher than the original booking, the difference may be charged to the Guest. If, however, after considerable effort by EH, no alternative of similar type and value is available and / or no agreement can be reached between the Guest and EH, then either EH or the Guest may opt to cancel the booking and this Rental Contract. In that event, EH will refund the Guest all monies paid, without further compensation.

Complaints

Every attempt will be made for the Guest to have an enjoyable stay. If the Guest should have a problem during the Rental Period, please inform EH who will endeavor to put things right. In order for the Guest’s complaint to be addressed, the Guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, EH will assume that the Property was to the Guest’s satisfaction and no complaint will be entertained.

Provisions

Self-catering accommodations require that the Guest supply all provisions and consumables necessary for daily living. The staff at the Property may accommodate any reasonable requests to purchase provisions on the Guest’s behalf, and this will be charged to the Guest’s account.

EH’s Responsibility

The descriptions, assessments and/or ratings of Properties and surrounding locations that EH publishes or gives to the Guest are provided in good faith and in the belief that they are accurate based on the latest information received. However, EH cannot be held responsible for any last minute modifications to the Properties or inaccuracies. Where EH publishes or refers to descriptions, assessments and/or ratings of the Property either by EH or by third parties, these ratings are for information purposes only and EH will not be held responsible for any reliance placed on these ratings.

Disclaimers

EH, does not accept any responsibility or liability for:

any physical injury, sickness, death, loss, damage, inconvenience or additional expenses incurred by the Guest, their party or visitors regardless of the cause;
any vehicle or the contents of any vehicle used, hired or engaged by the Guest or their party during the Rental Period;
inability of the Guest or any member of the Guest’s party to enter the location of the Property or stay at the Property for all or part of the Rental Period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or
strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any technical, structural, electrical, plumbing or other problems or difficulties with the Property which make it unsafe or unusable, or any other circumstances which amount to ‘force majeure’ or Acts of God, or other events beyond the Owner’s control.

In no case will EH, the Owner or the Owner’s Representative individually or collectively be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.

Jurisdiction

This agreement will be governed by the laws of Hong Kong. In the event of controversy arising from the booking and Property rental that cannot be resolved amicably between the parties, both parties agree to exclusively refer the matter to the Singapore International Arbitration Centre to be resolved finally by arbitration in the English language.

By making its booking request, the Guest agrees that these terms and conditions have been read, understood and have been accepted and agreed to by the Guest without reservation and without exception.

If any of the conditions of this Rental Contract are or become or are deemed to be invalid, or if there is any omission from any terms and conditions, the remaining terms and conditions will remain valid and enforceable and cannot be contested.