Términos y Condiciones
Webshop Keurmerk Terms and Conditions :
ARTICLE 1 – Definitions
ARTICLE 2 – The Entrepreneur’s identity
ARTICLE 3 – Applicability
ARTICLE 4 – The offer
ARTICLE 5 – The contract
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of the right of withdrawal
ARTICLE 9 – The price
ARTICLE 10 – Conformity and Guarantee
ARTICLE 11 – Delivery and execution
ARTICLE 12 – Continuing performance contract
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Disputes
ARTICLE 16 – Additional or varying provisions
ARTICLE 17- Amendment to the General Terms and Conditions of Webshop Keurmerk
Terms and conditions Idyllic villas
In these Terms and Conditions, the following terms shall havethefollowing meanings:
Entrepreneur: the natural of legal person affiliated with the Stichting Webshop Keurmerk and providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
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[Visiting address, if different from business address];
[Telephone number] and the time(s) at which the entrepreneur can be reached by telephone:
Chamber of Commerce number:
VAT identification number:
If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;
If the Entrepreneur practises a regulated profession:
the professional association or organisation of which he is a member;
the title of his profession, the place in the EU or the EEA where it is awarded;
a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these professional rules can be accessed.
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These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
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If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.
This involves in particular:
the price, including taxes;
any delivery costs, if applicable;
the way in which the agreement will be concluded, and what actions are needed to establish this;
whether or not the right of withdrawal is applicable;
the form of payment, delivery or performance of the contract;
the time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
if the contract is filed after conclusion, how the Consumer can consult it;
the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and
the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
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Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
the information corresponding to existing after-sales services and guarantees;
the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
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When delivering products:
When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.When providing services
When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.
To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context during the offer and/or before the delivery.
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Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
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If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
that were realised according to the Consumer’s specifications;
that are obviously personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
for single newspapers and magazines;
for audio and video recordings and computer software of which the Consumer has broken the seal;
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
of which the provision has been started with the Consumer’s explicit consent before the expiration of the cooling-off period;
regarding betting and lotteries;
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The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
they are the result of legal regulations or stipulations, or
the Consumer has the authority to cancel the contract before the day on which the price increase starts.
All prices indicated in the provision of products or services are including VAT.
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The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
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The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
The place of delivery is at the address given by the Consumer to the company.
With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
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ARTICLE 12 –Continuing performance contract
The Consumer may at all times terminate the contract concluded for an indefinite time with due observance of the agreed cancellation arrangements and with at least one month´s notice.
A contract concluded for a definite time has a validity of two years at the most. If it was agreed that the distance contract will be extended in case of the Consumer’s silence, the contract will be continued as a contract for an indefinite time and will be valid for one month at the most after continuation of the contract.
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ARTICLE 13 – Payment
Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
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The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
A complaint about a product, a service or an after-sales service that the Entrepreneur provided can also be submitted via a complaints form given at the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
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Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Complaints Committee Webshop Keurmerk via firstname.lastname@example.org. with due observance of the provisions set out below.
A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities.
If in addition to the Webshop Keurmerk Complaints Committee another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, this other Disputes Committee is exclusively competent.
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Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can stored the min an accessible manner on a long-term data carrier.
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Amendments to these Terms and Conditions are valid only afterthey have been published in the appropriate way, provided that the provision that is most favourable to the Consumer shall prevail in case of appropriate amendments during the validity of the offer.
Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071HA Amsterdam.
Terms and conditions Idyllic villas
When you book one of our villa’s we expect a down payment of 30%of the total amount, and 6 weeks before arrival the rest to finish the total amount. If you are booking a last minute please do not hesitate to contact our resort or Sales Manager for payment arrangements by mailing to info@IdyllicSamui.com
or calling Tel: +66 (0) 77247944 or +31(0)207511365or +31(0) 638700016.
Further, a guarantee of 10,000 Bath or 200 € is necessary on check-in and will be refunded at check-out.
We include with all our villas airport pick up, welcome basket and daily maid service.
A1. Confirming your booking and payment.
We will send you, either bye-mail or by post, a Confirmation showing the price for your holiday and any additional charges. It will also detailpayments received and due.Please check the details on the Confirmationcarefully. If any of thedetails are wrong, or change, especially youraddress, you must inform us as soon as possible.
A2. Credit/charge and debit card payments.
Payment by credit/chargecard incurs an additional non-refundable charge of 2% of the total amount due. Payment by credit/charge card confirms that you accept this additional charge. No such charge applies to debitcard payments. Credit/charge and debit cards will normally be authorised and charged to your account within one working day.
A3. Booking more than 12 weeks ahead.
A deposit payment of or 30% ofthe total cost is required to secure yourbooking. This is due immediately if paying by credit/charge or debit cardor within 10 daysof making your reservation if paying in any other agreed way.
cancellation within 42 days before arrival 70% refund total stay.
cancellation from day 42 till day 28 before arrival refund 40%
c. cancellation form 28 day before arrival till day of arrival refund 10%
d. cancellation on day of arrival or no show no refund.
The Price of Your Villa and What it Includes
B1. The prices and charges shown in our brochures andothercommunications are reviewed throughout the year and are subjecttochange, this can be up or down. The most up-to-date prices areavailableon our website and will be quoted when you make a reservation.Theagreed price for your stay will be shown on the Confirmation.
B2. This price includes:
Use of your accommodation for the maximum number of guests we indicate.
Any other amenities or services described as included in the price of your holiday in the information provided to you.
Please note that you book a villa category and not a specific villa. Should you wish to stay at a specific villa please contact our reservations department and we would do our outmost to help you, however since all the villas are privately owned they are all a bit different here and there. Still all villas have the minimum standards mentioned in the previous pages.
B3. The price does not include:
Use of facilities and activities not included within your villa, for example cycle hire, horse riding, spa treatments and court hire. Additional charges and different booking arrangements apply – separate agreements will be formed for these items.
Insurances which must be purchased separately.
C. Information about your party
We have the right to obtain the name, age, address and gender ofeachmember of your party before confirming your booking or at any time.You(the booker) must be a member of your party unless we agreeotherwise.Failure to provide us with full details of the make up of yourpartyprior to your arrival may result in access to your Village beingdelayedor denied.
D. Before You Arrive
We recommend that, where possible, you conact the resortconcerningyou time of arrival and special wishes ( groceries,activities).
Guest should inform us with expected arrival and expecteddeparturetimes’.
F. Whilst On Resort
F1. Our aim
Our aim is to provide a relaxed holiday suitable for families inanatural environment. To ensure the maximum enjoyment of your holidayandthat of all our other guests you must comply with all oftherequirements in this agreement. We draw your particular attention totheparagraphs below and to the safety and other information youwillreceive on or before arrival. You must also note and comply withallverbal or written guidance, especially safety guidance supplied toyouby us or one of our staff. You must comply with all notices.
F2. Important information and updates
Important information, guidance and updates will be published onthereception board you should check for such information regularly.
F3. Behaviour and compliance with this agreement
You are responsible for the behaviour of all members of your party.
F4. Children’s supervision & parental responsibilityThere mustbe at least one capable and responsible adult over the age of21 inevery accommodation unit.
You are responsible for the supervision of all members or yourpartyunder the age of 21.
F5. Security of your property
Your personal belongings are your responsibility during your staywithus. In every villa is a safe we recommend to use it.We acceptnoliability for any accident, loss or damage to your property unlesssuchloss, damage or accident is demonstrably due to our negligence orthatof those for whom we are legally responsible. We will offerreasonablehelp to assist you in tracing lost items.
Please keep to prepared roads, paths and tracks at all times andtreatall property and facilities carefully and appropriately.Themaximumnumber of guests in each accommodation unit (as stated on ourwebsite)must not be exceeded. If it is, we may move those additionalpersons toanother accommodation unit and will charge you or them theappropriatefull charge for the additional accommodation, from the dateyour partyarrived for the stay.
F7. Wireless facilities
We provide all over the resort wireless internet access, but donotguarantee it because we depend on local providers
F8. Driving on the resort & parking
Please use great care when driving.
F9. Legislation & licensed premises
We shall not serve or sell alcohol to anyone who is, or appears tobe,under the age of 18 (and cannot prove they are over 18), or whom we,inour sole discretion, consider to have been drinking excessively. Wewillaccept a photo driving licence, a passport or a proof of age schemewhichcarries the PASS logo hologram.We enforce the law.
F10. Dangerous items
No shotgun, knife, firearm, air weapon, archery equipment,fireworks(including sparklers), illegal substances or similar item maybe broughtonto any Village under any circumstances by you or anyone inyour party.
F11. Compensation payable by you
By booking you agree that we have the right either during orafteryour stay to recover from you, whether via the credit/charge ordebitcard used to pay for the break or otherwise, the costs of:
any property or accommodation damage, and/or
any compensation we may pay to others, and/or
any other costs, fees or levies which we may incur,
resulting from your action or inaction and from any breach ofthisagreement.
G. Changing or Cancelling Your Booking
G1. Changing your booking
You may change your booking without costs with us for anyreasonprovided the change is made 8 weeks or more before your holidaystartdate. Each change is subject to availability.You may only changeyourholiday start date once and you must select your new start datewithin 8weeks of requesting the change, otherwise the change will betreated asa cancellation and a fee will apply.Please note that anychange of date,type of Villa will be likely to involve a change in priceof yourholiday and an amendment charge being payable. No difference willberefunded.
We have the right to cancel your booking, or to instruct you oryourparty to leave the Village immediately, without compensation orrefund,should you or any of your party not comply with thisagreement,particularly terms relating to behaviour and conduct.
H . Important Information
H1. Your principal contract is with Idyllic Samui. Cokmpany
Idyllic Samui will follow the regulations of Stichting Keurmerk (anindependent organization protecting consumers on the web)
H2. All the information we collect and hold about you andmembers ofyour party may be stored in computer and other filing systems.
H3. This agreement and any dispute between us will begoverned byThai law and is subject to the non-exclusive jurisdiction ofthe Thai’scourts. We must both act reasonably in selecting oragreeing anyjurisdiction including any forum for dispute resolution.
H4. In all cases, except personal injury or death, ourliability toyou for the total of all claims arising out of your breakwith us islimited to the cost of your booking less any insurance,cancellation, amendment or separate charges. We will not beresponsible for anymatters that result from any unforeseeable andunforestallable eventsthat are beyond our control.
I. Can we help?
I1. Any assistance you require or concerns should be broughtto ourattention immediately to a member of staff or to Guest Services.We aimto give prompt assistance to you if you are in difficulty and aimtorespond promptly to any concerns you raise so that you can continuetoenjoy your break.
Please note that we are not responsible for any matter of whichyouwere aware and which you did not bring to our attention duringyourbreak.
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