TERMS AND CONDITIONS

These Terms and Conditions (Conditions) set out the basis on which Oriental Beach Village Phuket (as defined below) will provide accommodation and other products and services at its Villas to Customers (as defined below) and Guests (as defined below). By making a Booking (as defined below) the Customer agrees to comply with these Conditions.

1. INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

« Arrival Date » means the date on which the Customer’s stay at the Villa is due to commence, as per the Booking Details

« Booking » means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Oriental Beach Village Phuket

“Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the duration of the Guests’ stay at Oriental Beach Village Phuket and any other products and/or services to be included in the Booking

“Charges” means the charges payable by the Customer in connection with the Booking

“Contract” means the contract between the Customer and Oriental Beach Village Phuket in relation to the Booking

“Customer” means person who makes the Booking

“Oriental Beach Village Phuket” means Generator Hostels Limited

“Guests” means the Customer and any third parties they invite to the Oriental Beach Village Phuket in connection with the Booking

2. BOOKINGS

2.1 Customers can request Bookings via Oriental Beach Village Phuket website or by contacting staff at the Oriental Beach Village Phuket.

2.2 When requesting Bookings, Customers will be required to provide identification information including, but not limited to, their name, address, contact telephone number and email address.

2.3 No request for a Booking should be deemed to be accepted unless and until Oriental Beach Village Phuket confirms its acceptance and provides a booking reference, at which point the Contract will come into existence.

2.4 Subject to clause 4 Oriental Beach Village Phuket will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details but any request to change the dates or length of stay or add products and/or services will be subject to availability and the Customer paying for such increased length of stay and/or products and/or services at Oriental Beach Village Phuket standard rates from time to time.

2.5 When booking beds in a shared room, Oriental Beach Village Phuket will attempt to put people on the same booking in the same room, however this can not be guaranteed

3. FEES AND PAYMENT

3.1 The Charges will be as quoted by Oriental Beach Village Phuket to the Customer upon the Customer’s request for a Booking.

3.2 Unless otherwise agreed by Oriental Beach Village Phuket, the Charges only cover the provision of accommodation and the Customer may incur additional charges including, without limitation, charges for meals, room service (the “Additional Charges”).

3.3 Customers will be informed of the amount of the Additional Charges before they are incurred.

3.4 Bookings will be subject to the Customer:

making payment of the Charges in full in advance or, at Oriental Beach Village Phuket‘s option, paying a booking fee and/or deposit; and providing valid Debit or Credit Card details via which payment of the Charges or the balance of the Charges(as the case may be) and any Additional Charges can be taken at check in at Oriental Beach Village Phuket or at the time of booking.

3.5 If not prepaid in full at time of booking the balance of the Charges must be paid by the Customer immediately on checking in at Oriental Beach Village Phuket. Any Additional Charges must be paid either as they are incurred or, at Oriental Beach Village Phuket‘s option, upon the Customer checking out at the Hostel.

3.6 Oriental Beach Village Phuket reserves the right to pre-authorize credit cards without any written approval from the customer.

3.7 The following payment methods are accepted by Oriental Beach Village Phuket

3.7.1 Credit and Debit Cards. 4% charge is added to the total amount payable

American Express, Visa and Mastercard. 4% charge is added to the total amount payable

3.7.2 Cash or Credit or Debit Cards, if the Customer is paying in person at Oriental Beach Village Phuket.

3.8 Please be advised that for Oriental Beach Village, all bookings made will be subject to a deposit.

4. CANCELLATIONS

4.1 Subject to clause 4.2, the Customer may cancel the Booking without charge if notice is given to Oriental Beach Village Phuket at least 14 days on the Arrival Date. In which case Oriental Beach Village Phuket will refund to the Customer all sums paid by the Customer in advance.

4.2 Where the Customer has been offered a discounted rate on condition that the Booking becomes non-refundable upon cancellation then, provided the Customer has been informed of such Condition, in the event of cancellation of the Booking, all Charges applicable to that Booking remain payable in full..

4.3 Where the Customer fails to give sufficient notice of cancellation as per clause 4.1 or fails to arrive (no show) at Oriental Beach Village Phuket, the entire Booking will be deemed cancelled and the Customer must pay an amount equivalent to the Charges applicable to the first’ night’s stay at the Oriental Beach Village Phuket.

4.4 Oriental Beach Village Phuket may at any time cancel a Booking if it becomes unavailable due to circumstances outside Oriental Beach Village Phuket’s control in which case Oriental Beach Village Phuket will pay the Customer a full refund of any Charges and any booking fee paid.

4.5 Oriental Beach Village Phuket may at any time cancel the Booking if the payment details provided by the Customer in accordance with clause 3.4.2 are invalid and the Customer fails to provide alternative valid details.

5. CHECK IN AND CHECK OUT

5.1 Check-in time at Oriental Beach Village Phuket booked is from 12 hrs. Check-in prior to 12 hrs. may be available subject to prior arrangement with Oriental Beach Village Phuket and subject to the full range of services and facilities at the Villa not being available until the standard check in time.

5.2 Check-out time at the Hostel booked is 10 hrs.. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability. (In the absence of such prior arrangement, failure to check-out by 10 hrs may result in the Customer being charged for an additional night’s accommodation at the standard applicable rate

6. ORIENTAL BEACH VILLAGE PHUKET RULES

6.1 Valid photo identification in the form of a Driver License or Passport is required at check-in..

6.2 Customers are required to conduct themselves and ensure that their Guests conduct themselves in a reasonable and responsible manner at Oriental Beach Village Phuket and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Villa in which event all Charges and Additional Charges shall become immediately payable by the Guest.

6.3 Smoking is not permitted inside the Hostel and only in the designated smoking areas.

6.4 The Customer will be responsible for any loss or damage caused at the Hostel by Guests or visitor of the Guest. The Guest may be liable for Generator’s reasonable cost of repairing, cleaning or replacing any property of Generator which is damaged, soiled or lost by a Guest.

6.5 No animals are allowed in the Hostel with the exception of guide dogs.

6.6 Oriental Beach Village Phuket does not accept bookings made by those under the age of 16. Under 18’s cannot stay in any shared rooms, however they can stay in private rooms when accompanied by an adult over 18 years. If you’re between 16-18 and want to stay in a private room, you’ll need written consent from your parent or guardian. Failure to adhere to this rule will result in automatic Cancellation with no refund given.

7. FOOD AND DRINK

7.1 Unless otherwise agreed by Oriental Beach Village Phuket, the Charges do not include any food or drink.

7.2 Customers and their Guests may only consume food and drink purchased from Oriental Beach Village Phuket in the Villa No externally purchase food and drink may be consumed inside Generator.

8. DISABLED GUESTS

8.1 Oriental Beach Village Phuket complies with all laws regulating the treatment of, and provision for, disabled Guests.

8.2 Customers with any special requirements pertaining to a disability should inform the management team at Oriental Beach Village Phuket prior to the Arrival Date.

9. ORIENTAL BEACH VILLAGE PHUKET’S LIABILITY

9.1 Nothing in these Conditions purports to limit or exclude the Oriental Beach Village Phuket‘s liability for:

(a) death or personal injury caused by the negligence of Oriental Beach Village Phuket its employees, subcontractors or agents;

(b) fraud or fraudulent misrepresentation; or

(c) any other matter for which it would be illegal for the Hostel to limit or exclude its liability.

9.2 If Oriental Beach Village Phuket breaches these Conditions or is negligent, it is responsible for the loss of damage suffered by the Customer that is a foreseeable result of the breach of negligence but are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Oriental Beach Village Phuket‘s breach of these Conditions or if they were contemplated by Oriental Beach Village Phuket and the Customer when they entered into the Contract.

9.3 The Customer agrees that Oriental Beach Village Phuket is only supplying its facilities, products and services to the Customer for private use and have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.

10. PERSONAL DATA

10.1 Generators treatment of Customers data follows the General Data Protection

10.2 The Customer herby consents to Oriental Beach Village Phuket collecting of the Customers personal data such as name, surname, email address, customer number, address, contact information and details of the bank account number and IP number.

10.3 The personal data is used by Oriental Beach Village Phuket for the performance of the Contract and for marketing and as a basis for statistics and for Oriental Beach Village Phuket product development. Oriental Beach Village Phuket has the right to share your personal data with its partners for advertisement and promotion.

10.4 The personal data may be analyzed and grouped for the selection, prioritization and planning of the marketing of Oriental Beach Village Phuket, so-called profiling.

10.5 As a customer of Oriental Beach Village Phuket, you agree to receive marketing information via mail, telephone, or e-mail and text messages, and other digital channels.

11. GENERAL

11.1 The Customer’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Conditions.

11.2 Oriental Beach Village Phuket may transfer its rights and obligations under the Contract to another organisation but will always inform the Customer if this happens and this will not affect the Customer’s rights under the contract.

11.3 Oriental Beach Village Phuket will not be liable to the Customer for any failure to perform or delaying in performing its obligations where such failure or delay is due to an event outside Oriental Beach Village Phuket‘s control (including without limitation, extreme adverse weather, industrial action or natural disaster). If such an event prevents Oriental Beach Village Phuket from fulfilling the Booking, either party may cancel the Contract.

11.4 Oriental Beach Village Phuket may, from time to time, change these Conditions without notice. However, the version of these Conditions in force at the time of the Booking will continue to apply to the Contract. Customers are advised to check Oriental Beach Village Phuket‘s website for the latest version of these Conditions before making a Booking.

11.5 Oriental Beach Village Phuket complies with its obligations under the Data Protection Act 1998 (the “Act”) in relation to data protection. Oriental Beach Village Phuket will process personal data (as defined in the Act) in relation to Customers and Guests solely for the purpose of performing its obligations and exercising its rights in connection with the Contract. Oriental Beach Village Phuket will not provide any such personal data to any third parties apart from third parties who provide services to Oriental Beach Village Phuket such as the provision of legal advice.

11.6 No failure by Oriental Beach Village Phuket to enforce these Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

11.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

11.8 These Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Thailand will have jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with it.

11.9 No person who is not a party to the Contract will have any rights in connection with it.