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General Conditions of Contract and Travel

Content

1. Subject of the contract
2. Conclusion of the contract
3. Rents & transfers
4. Payment terms
5. Cancellations/changes
6. Changes to itinerary/prices
7. Complaints
8. Liability
9. Miscellaneous

Typographical mistakes and other errors in descriptions, information and prices excepted.

Bali Style Villas lets holiday homes on behalf of the current owner or agent and organises and arranges activities locally. All information on accommodation, environment and infrastructure has been compiled with the utmost care and is accurate as at Autumn 2004.

1. Subject of the contract 

1.1. These General Conditions of Contract and Travel (General Conditions) govern the legal relationship between you and Bali Style Villas (hereinafter referred to as ‘BSV’) as the organiser.

2. Conclusion of the contract

2.1. The contract between you and BSV will come into being on acceptance of your written booking by BSV. From this time onwards, the rights and obligations arising from the contract (including the General Conditions) will become legally binding on you and BSV.

2.2. BSV’s services can be found in the service description on its web site. Special requests will only be deemed part of the contract if they have been unconditionally confirmed in writing by BSV. Unless otherwise specified in the holiday description, BSV’s services will begin on your arrival at Denpasar airport in Bali. You are responsible for your own travel to Bali.

3. Rents & transfers

3.1. The rental prices can be found in the description of each property on BSV’s web site. The prices shown are per night and per villa. Some villas charge an additional local tax and service charge (as shown in the detailed description of the individual properties). All prices are in US$ in order to avoid any exchange rate fluctuations and to keep prices transparent at all times. Our rental rates correspond to the rents charded locally by the owner/landloard.

The prices charged will be those that apply at the time of booking. For information on price changes see section 6.

3.2. Transfers between the airport and your villa are included in the rental price unless otherwise noticed (see individual villa description).

3.3. A tourist visa (US$ 25.00 per person) must be purchased at the airport on arrival. An airport tax of 150,000 Rupiah (approx. US$ 16.00) per person will be levied on departure.

4. Payment terms

The payment terms vary for the individual properties. Please see the detailed descriptions of the individual properties on our web site for the appropriate information.
However, the following generally applies:

4.1. A deposit (individual percentage of the invoice amount for the property in question according to the detailed description) is due immediately on receipt of the final booking confirmation. The balance must be received by BSV no later than 8 weeks prior to departure. If payments are not received by the due date, BSV may assign the property to another client without notice and may apply the cancellation charges in accordance with section 5. Unless otherwise agreed, the holiday documentation will be sent to you after receipt of the balance.

4.2. In the case of bookings made less than 8 weeks prior to departure, the full amount shall be due immediately on conclusion of the contract.

4.3. A one-off administration charge of US$ 160.00 will be made per booking. This administration charge is non-refundable and will not be covered by cancellation costs insurance.

4.4. All bank transfer fees are responsibility of the sender (guest).

5. Cancellations/changes to bookings

5.1. General: if you cancel a booking, you must notify BSV in writing (by e-mail and fax). Any holiday documentation already sent out must be returned to BSV at the same time. 

5.2. If you cancel or change your booking (date of travel, accommodation), BSV will levy an additional administration charge of US$ 150.00 per booking in addition to any cancellation charges in accordance with section 5.3. This administration charge will not be covered by cancellation costs insurance.

5.3. The following cancellation charges will apply if you cancel or change your booking:
The cancellation or amendment charges vary for the individual properties. Please see the detailed descriptions of the individual properties on our web site for the appropriate information.

The cancellation/amendment date will be deemed to be the date of receipt of your written notification (e-mail and fax) by BSV. Notifications received on Saturdays, Sundays and public holidays will be deemed to have been received on the next working day.

5.4. If you have not yet taken out insurance to cover cancellation costs in cases of hardship, BSV strongly recommends that you take out an appropriate policy with Elvia (www.elvia.ch).

6. Changes to itinerary/prices

6.1. Changes prior to booking: BSV expressly reserves the right to change details on the web site, service descriptions and prices before you book your holiday. In this case, BSV will notify you of the changes before the contract is concluded.

6.2. Changes after booking: BSV also reserves the right to change individual agreed services (such as rents) if necessitated by unforeseeable or unavoidable circumstances. BSV will make every attempt to offer equivalent substitute services.

6.3. Price changes after booking: The agreed price may have to be increased in exceptional cases. Price increases may result from: 

exchange rate fluctuations

statutory price increases in Switzerland and in Indonesia (e.g. VAT)
In the event of the costs of these travel services being increased, the increases may be passed on to you. The holiday cost will then be increased accordingly. 

6.4. If the change in an agreed service leads to a significant change in an essential term of the contact or if the price increase is greater than 10%, you have the following rights: 

You can accept the change to the contract. 

You can withdraw from the contract in writing (by e-mail and fax) within 5 days of receipt of notification and receive a refund of the holiday costs already paid (this deadline shall be deemed to have been met if BSV receives your notification by e-mail and fax on the 5th day). 

7. Complaints

7.1. General: if a service provided is not as contractually agreed or if you suffer harm, you are entitled and obliged to submit a complaint in respect of this shortcoming or harm without delay to BSV’s local agent and demand remedial action free of charge. If no remedial action is offered within a reasonable period, if remedial action is not possible or is insufficient, you must make sure that the notified problem or harm and the failure to provide remedial action are confirmed in writing. This is an essential requirement for any later claims for compensation. The BSV agent is obliged to record the facts and your complaint. However, you are not entitled to recognise any claims for compensation on behalf of BSV.

7.2. Property: if problems with the property, its sanitary or electrical installations occur at the beginning of or during your stay or if you have grounds to complain about other services, you must report these to the local BSV agent without delay. If the latter is unable to resolve the problem within a reasonable period, you must notify BSV directly about your complaint without delay (see section 7.1). Failure to report a problem shall be deemed as acknowledgement that the condition of a service is as a contractually agreed.

7.3. If you wish to claim a refund or compensation from BSV, you must submit your complaint to BSV in writing within 30 days of your return together with confirmation from the local BSV agent or the service provider and evidence if you have it.

8. Liability

8.1. Exclusion of liability: BSV accepts no liability for non-fulfilment or improper fulfilment of the contract resulting from the following:

Your fault before or during the holiday e.g. delayed travel

Unforeseeable or unavoidable fault/interference by a third party unconnected with the provision of the contractual service (e.g. flight delays or strikes)

Force majeure or an event that BSV could not have predicted or avoided even after taking all reasonable care. 

8.2. Local events and excursions
BSV cannot accept any liability for events and excursions that you book directly in Bali.

8.3. The lease comprises the property including its contents. You, the tenant, must treat the property with care. You will be liable for any damage caused by you and any of your party. Any damage must be reported and paid for prior to departure. Each villa can only accommodate the maximum number of people specified on the web site and in your confirmation. If the local BSV agent or the owner/management of the property finds that this number is exceeded at the beginning of or during your stay, they are entitled to refuse to handover the property or to demand its immediate surrender. 

8.4. BSV will accept liability for personal loss, death, injury and illness as a result of non-fulfilment or improper fulfilment of the contract if the cause is attributable to BSV. BSV’s liability in the event of material or financial loss arising from the non-fulfilment or improper fulfilment of the contract is limited to a maximum of twice the cost of the holiday except when the loss is as the result of intent or gross negligence.

9. Miscellaneous

9.1. BSV will organise your transfer from the airport to your villa. Please notify BSV of your arrival time, airline and flight number when you book. Check-in is generally possible in the early afternoon. Of course BSV will make every effort to make sure you reach your villa accommodation as quickly as possible after your long journey. Please also notify BSV of your departure time so that BSV can ask the owner for a late check-out time for you. 

9.2. Please settle your bills for telephone use, food shopping and other additional services directly with the responsible villa staff.

9.3. All BSV’s villas are equipped to western standards and are luxuriously appointed. However, please remember that you are travelling to a tropical country and that nature here has its own laws. Most of the properties are built in typical Balinese open style and not all of them have air conditioning. See the detailed descriptions of the individual properties for more information.

9.4. Most of the villas are also used by their owners from time to time during the year. Therefore there may be pets present in some of the properties. See the detailed descriptions of the individual properties for more information.

9.5. Any disputes arising from this contract will be governed by Swiss law. The sole place of jurisdiction is agreed to be Zurich.