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 and Sri Lanka:

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:

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 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

Arrival / Departure times

Security Deposit

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

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

Number of Guests

Use of Property

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

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

Price Fluctuation

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:

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:

Amendments

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

Provisions

EH’s Responsibility

Disclaimers

• 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

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.