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.
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 email@example.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
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
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
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
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
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
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 firstname.lastname@example.org to let
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.
• 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 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
• 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.