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TERMS AND CONDITIONS

1. DEFINITIONS AND PARTIES

In these terms and conditions:

  • the Company shall mean Brocon Investment Co., LTD., a corporation organised under the laws of

the 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.

2. BOOKINGS

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 a 20% 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 reservations@songsaa.com 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 info@songsaa.com 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.

IMPORTANT NOTES

• 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.

• The use of personal drones at Song Saa Private Island is strictly prohibited.