1. DEFINITIONS AND PARTIES
In these terms and conditions:
the Company shall mean Brocon Investment Co., LTD., a corporation organised under the laws ofthe Kingdom of Cambodia
We shall mean the Company
the "Client" shall mean the person who has paid the deposit as the ‘Lead Booking Name’ and each person listed within the booking as a travelling companion
You shall mean the Client.
In these conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.
A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under Payment and Confirmation. The Lead Booking Name, on paying the deposit, warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.
3. PAYMENT AND CONFIRMATION
Bookings for island rentals will be confirmed upon receipt of at least 35% non-refundable accommodation deposit. A further non-refundable 40% payment is due no later than 9 months prior to the proposed date of arrival and we will remind you when this is due. A final non-refundable 40% payment plus a service charge of 2.5% of the total payments plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 3 months prior to the proposed date of arrival and we will remind you when this is due. Please remember to update us if your contact details change. If the Client makes a reservation less than 3 months prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if any payment is not received on time or in the correct amount we reserve the right to release your reservation, regardless of any payment(s) already received. The method by which you should pay for your booking will depend on where you are making your reservation and your Reservations office should provide full details (including as to rates and payment) when they send you your invoice. When paying by credit card, fees will apply and these will vary depending on the card used. The rates are published in US Dollars. If paying in a different currency, an exchange rate will be agreed at the time of paying the deposit, and this rate will usually apply to future deposits. This can be renegotiated by both parties in cases of extreme currency fluctuations.
4. CANCELLATION BY THE CLIENT OF RENTALS
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. You must send us any and all cancellations clearly and in writing to avoid any errors. This can be done by letter, fax or email using the following contact details: by email at [email protected]
or by phone at +855 9260 9488 . We will then confirm the cancellation back to you in writing and give you a cancellation number. If requested, we can also provide letters indicating that deposits have been forfeited in order to assist you with any travel insurance claims. All deposits and other payments are non-refundable; on a cancellation you will be refunded the 2.5% service charge if this has been paid. Please note that Clients are liable for any payments outstanding on the date the cancellation is received (other than any service charge as yet unpaid). There may also be cancellation fees levied by our affiliates/third parties such as airline or transfer operators. We will advise you of these additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith.
5. CHANGES BY THE CLIENT TO THE DATE OR NATURE OF A BOOKING
Requests for changes to the date or nature of a booking (including, for example, as to numbers) will be dealt with on a case by case basis and approved or rejected (in whole or in part) at the sole discretion of the Company. All deposits and other payments are non-refundable. Cancellations /Amendments will not be accepted until they have been confirmed by the island by return email Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. A reasonable increase in guest numbers may be permitted at any time, however an additional cost may apply. Should you choose to leave Song Saa Private Island early for any reason other than in circumstances outlined in paragraph 9 below, no refund will be made to you nor will alternative dates be arranged.
6. CHANGES AND CANCELLATION BY THE COMPANY
6.1 The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial.
6.2 If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements.
6.3 If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements.
6.4 If no such alternative arrangements are offered in the circumstances referred to in paragraph 6.3 or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking.
6.5 If the Client rejects the booking in the circumstances referred to in paragraph 6.3 all monies which have been paid by the Client to us at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking.
6.6 Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of a cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default.
6.7 Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave Song Saa Private Island immediately if the Company reasonably considers that the Client’s behaviour at Song Saa Private Island has caused (or is likely to cause) loss, damage or harm to Song Saa Private Island or any part of it or its reputation or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any loss, damage or harm.
7. ONWARD SALE/TRANSFER OF YOUR BOOKING
Your booking on Song Saa Private Island must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking.
8. LIABILITY OF THE COMPANY
8.1 We accept no liability for ensuring that the accommodation which you book with us is provided as described in this brochure, save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to the paragraph 8.2 below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.
8.2 Nothing in paragraph 8.1 shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.
8.3 For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company (including, without limitation, any loss or injury caused by another service provider, airline etc.). We would suggest that you obtain suitable insurance to cover such loss or injury. The Company shall not be obligated to make any payments in those circumstances save where otherwise provided for in the terms and conditions above.
9. FORCE MAJEURE
We act on the advice given by the government of the United Kingdom and the government of your home country. If flights are grounded because of war, terrorism or hurricane, or you are advised by your government that it is unsafe to travel, then we will use reasonable endeavours to assist you in postponing your stay with us to a future date. If it is not possible to postpone your stay with us to a future date, we will repay to the Client all monies paid by the Client to us as at the date of cancellation less the Company’s reasonable expenses in respect of the booking. If you are forced to leave Song Saa Private Island early due to hurricane, tornado or other severe weather conditions, then we will use reasonable endeavours to offer the best alternative dates equivalent to the number of days lost, at a future time. Please contact one of our Reservations offices if you have any concerns about travelling due to war, terrorism or severe weather.
10. DATA PROTECTION
Your details are held by the Song Saa Group in accordance with the Data Protection Ordinance of the Hong Kong SAR. We will not share your personal information with third parties for marketing or any other purposes without your consent as required by law. We operate an automatic opt in
policy which means that when you request information from us on one of our properties or make an enquiry/reservation, you are added to our database and may be contacted by us with relevant promotions, offers or information that we feel may be of interest to you from time to time. If at any time you wish us to stop contacting you then simply contact us by email at [email protected]
to let us know.
11. ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions contract shall be governed and construed according to the laws of the Hong Kong SAR and shall be subject to the exclusive jurisdiction of the courts of the Hong Kong SAR, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is resident, domiciled or has a place of business.
• The use of personal drones at Song Saa Private Island is strictly prohibited.
• We kindly request guests not to smoke inside their villas, but in the designated areas provided around the resort. Failure to comply may result in a cleaning fee. Should the Villa not be suitable for subsequent guests the perpetrator will incur rental charge.
• Please read the terms and conditions carefully, payment of your first deposit constitutes agreement and understanding of our terms and conditions.
• Please carefully check the above details before paying your first deposit and immediately notify us of any errors.
• Any amendments are to be notified in writing, and are not confirmed until written notification confirming changes has been received from the Company.
• Please note that all payments are non-refundable, excluding the 2.5% service charge.
• Any extras are to be settled direct with the Company on the Song Saa Private Island on departure.
• Note that arrivals can be after 16h00 and departure is before 12h00 (noon). Early arrivals and late departures are at the discretion of the management of the Song Saa Private Island and may incur an additional cost.
• Due to the especially private nature of the Song Saa Private Island, your booking with us may not be sold, awarded as a prize or transferred to anyone else without our prior written authorisation. See clause 8 of the terms and conditions for further information.
• Filming and photography on the Song Saa Private Island is permitted for private purposes, however, any professional filming and photography will require our written approval in advance.