General Terms & Conditions

Booking a private villa is very different from booking a regular hotel room, especially with regards to payments and cancellations. Therefore, kindly take the time to read the following conditions carefully.

Rose Apple Villas acts as a wholesaler for The Kamaya and its representatives. Each time a guest confirms a booking of The Kamaya through Rose Apple Villas, a Rental Contract is entered into between Rose Apple Villas and the guest in whose name the booking is made for the agreed period. When a Guest books a The Kamaya through Rose Apple Villas, the Guest is deemed to have agreed to these terms and conditions, and for personal data to be processed by Rose Apple Villas with regards to the Rental Contract. The Rental Contract is not effective until Rose Apple Villas has confirmed the Guest’s booking in writing.

Payment

When you make a booking request, the appropriate deposit payment must be made to Rose Apple Villas within 5 working days of availability confirmation. If the required deposit payment is not received within 5 working days, Rose Apple Villas reserves the right to void the Guest’s booking request. The following deposit payment schedule applies to The Kamaya:

* All rates include government TAX
* Weekends and Public Holidays require minimum of 2 night’s stay
* Upon confirmation of a booking – a deposit of 50% of the total rental amount is payable
* 30 days prior to check in, the remaining 50% is required

Unless Force Majeur is in place, no refunds shall be granted for cancellations.

When you make a booking at The Kamaya or purchase any goods and services from The Kamaya, including but not limited to meals, services, transfers and tours, your transaction will be charged in USD. 

Additional costs

The cost of electricity, mains, water, cleaning (housekeeping and pool), garden supplies and local taxes are included in the rental rates. There are generally no additional costs, surcharges, taxes, staff salaries, or management fees above the price quoted unless otherwise stated in The Kamaya 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 but left entirely to the Guest’s discretion.

Reservation voucher or number

Once the full payment is received, the Guest shall be sent a reservation voucher by Rose Apple Villas with confirmation details, the address of The Kamaya, contact details of the representative, transfer arrangements (if apply) and directions to the Property. This voucher, along with the Guest’s passport, needs to be presented upon arrival for check-in.

Arrival and Departure times

Standard check-in and check-out times for The Kamaya is at 3pm and 12pm (noon) respectively unless stated otherwise. Guests can enjoy an early check in or late check out if available.  Please notify Rose Apple Villas of a change in your arrival or departure schedule to be able to accommodate a change where possible.

There is no minimum stay requirement. Long term stay is possible and open for discussion. A long term stay is deemed from 7 nights up. Rates and terms or inclusions may be renogiatiated. A long term stay should not exceed 30 days of continuous stay.

Security deposit

A security is under normal circumstances not required. A deposit may be payable directly to the Owner or Owner’s Representative immediately upon arrival at The Kamaya in case additional requirements for the villa are beyond the standard provided services or equipment. The standard security deposit required for The Kamaya is equivalent to one night’s stay minimum; however, the Owner has the right to impose different requirements on a case-by-case basis. 

Access to The Kamaya may be refused if the 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, Rose Apple Villas 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 for villas, after deducting:

* All additional expenses incurred for the aditionally required services or equipment on the Guest’s behalf (e.g. charges for food, goods, services, and additional staff such as babysitters and yoga instructors, which have not been directly paid by the Guest.

* The cost of replacement or repair of any loss or damage to the additional services or equipment that The Kamaya provides on behalf of the Guest, 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 are 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. 

Damages or loss

The Kamaya is someone’s home. Please treat The Kamaya accordingly, and leave the villa and all its contents in good order and an acceptably clean condition. Any damage or loss caused during the Rental Period, as well as any special cleaning requirement due to negligence of anyone in your group, will be the Guest’s responsibility and may be charged to the Guest’s account. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, Rose Apple Villas may require the Guest and their party, including visitors, to vacate The Kamaya immediately, without compensation or refund.

Access

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

Number of guests

The number of persons (adults and children) staying at The Kamaya must not exceed the maximum number of sleeping places (6) indicated in the booking confirmation and reservation voucher unless specifically authorized in writing by Rose Apple Villas. Exceeding this number may invalidate any insurance policy on The Kamaya. Entry or access to the villa may be refused or limited where the number of guests exceeds the stated requirement.

Pets are allowed at The Kamaya, but Guests are required to report bringing pets to the property. The Owner, Owner’s Representative, or other staff are not responsible for the pet(s) or their well-being. This is solely under the responsibility of the Guest. Any damages occurred due to the pet’s behavior, shall be subject to assessment and charges.

Use of The Kamaya

All bookings are assumed to be for normal holidaying purposes only, and the Guest agrees that the use of The Kamaya 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 a party that involves having a larger number of people at the villa, or if the Guest is planning to use the villa for a purpose other than a holiday, please communicate this to Rose Apple Villas at the time of booking, as special approval or arrangements may be required.

Most parties, in particular bachelors or bachelorette parties (also called hens, stags and bucks parties), are prohibited from being organized at The Kamaya. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed to and confirmed in writing before confirming the reservation. Note that The Kamaya is in a residential area and is subject to rules and regulations regarding their use as per government laws. 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 Rose Apple Villas and the Owner.

If Rose Apple Villas has confirmed a booking that includes an event at The Kamaya, 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 Rose Apple Villas, the Owner and the Owner’s Representative cannot control the issue of these permits. In the circumstances a permit for an event at the villa cannot be obtained, Rose Apple Villas’ standard event cancelation policy will apply. Neither Rose Apple Villas, the Owner nor the Owner’s Representative will be liable for any further refund or payment to the Guest.

Conduct and Due Care

The Kamaya is located in a quiet residential neighborhood. As a resident Guest, you are requested to respect this and ensure that your entire group, as well as visitors to the villa, 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 prohibited on the premises, but allowed outside of the gate of the villa. This is to abide by regulations of the fire insurance, and also for health and safety reasons.

A USD 250,- penalty for deep cleaning will be charged in case of any violations of smoking inside the villa or its attached areas. The penalty will be applied after inspection of the villa upon check out.

The Guest is responsible for the behavior of all guests staying at The Kamaya, as well as visitors to the villa 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 villa immediately, without compensation or refund.

In the interest of safety, due care should be taken at The Kamaya at all times, especially with children. Suitable supervision should be given around pools, the kitchen and road, and when using the villas facilities.

Valuables and Security

Guests are responsible for all their valuables and personal items. Neither Rose Apple Villas nor the Owner or the Owner’s Representative accepts any responsibility for loss of or damage to Guest property. The Guest is responsible for The Kamaya and its contents and equipment 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 villa’s insurance policy and/or results in loss or damage is the Guest’s responsibility.

Price Fluctuation

Once a booking is confirmed, the price of the reservation is fully guaranteed, even if Rose Apple Villas changes the price on its website thereafter. In return for this commitment, no refunds will be made for any exchange rate fluctuation that may otherwise reduce the rental cost.

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

Cancellations

In the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:

* 1 night’s charge will be forfeited if the cancellation is made within 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 the total rental amount will be forfeited

Note :

* Any change of a confirmed booking is considered as a cancellation unless agreed upon with Rose Apple Villas
* In the circumstances a confirmed event is canceled for any reason, 25% of the total event fee will be forfeited
* in case of cancelling an additional service as provided by The Kamaya, please refer to the terms & conditions of the tailored services and tours

Amendments

In the unlikely event that Rose Apple Villas is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Property booked, Rose Apple Villas reserves the right to transfer the Guest and their party to an alternative Property of 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 back. 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 Rose Apple Villas, no alternative of similar type and value is available and/or no agreement can be reached between the Guest and Rose Apple Villas, then either Rose Apple Villas or the Guest may opt to cancel the booking and this Rental Contract. In that event, Rose Apple Villas will refund the paid amount to the Guest, without scope for further compensation.

Complaints

Every attempt will be made for the Guest to have an enjoyable stay. If you have a problem during the Rental Period, please inform Rose Apple Villas and we will try to put things right. For complaints to be addressed, the Guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, Rose Apple Villas will assume that The Kamaya was to the Guest’s satisfaction and no complaint will be entertained later.

Provisions

Self-catering accommodations require guests to arrange for all provisions and consumables necessary for daily living, with exception of drinking water, a daily stocked fridge with beers, softdrinks, water and milk, and coffee and tea making facilities. The staff at The Kamaya (if opted to be present at the villa) may accommodate any reasonable requests to purchase provisions on your behalf, and this will be charged to the Guest account.

Rose Apple Villas’ responsibility

The descriptions, assessments and/or ratings of The Kamaya and its surroundings that Rose Apple Villas 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, Rose Apple Villas cannot be held responsible for any last-minute modifications to the villa’s or inaccuracies. Where Rose Apple Villas publishes or refers to descriptions, assessments and/or ratings of The Kamaya either by Rose Apple Villas or by third parties, these ratings are for information purposes only and Rose Apple Villas will not be held responsible for any reliance placed on these ratings.

Disclaimers

Rose Apple Villas, 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;
* Iinability of the Guest or any member of the Guest’s party to enter the location of The Kamaya or stay at the villa 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 Rose Apple Villas, 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 Cambodia. In the event of controversy arising from the booking and stay that cannot be resolved amicably between the parties, both parties agree to exclusively refer the matter to the Cambodian Court to be resolved finally by arbitration in the English language.

By making a booking request, the Guest agrees that these terms and conditions have been read, understood and have been accepted and agreed to 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.

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