Sanddollar Vanuatu : Terms and Conditions

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INTRODUCTION TO 'SANDDOLLARS TERMS AND CONDITIONS'.

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As always, there are ‘Terms and Conditions’ which form the agreement to rent (implied or explicit).

In most circumstances’Terms and Conditions’ are not referred to and are generally unnecessary. However, there are circumstances when a guest is unclear on how to proceed, or what their rights and responsibilities are, or where a dispute arises (for whatever reason) regarding the rental. By providing written ‘Terms and Conditions’, a set of clear and concise set of rules are applied to all ‘users’ of the ‘Sanddollar Property’.

If there is any aspect which you feel is unreasonable, or which you would like to discuss with us, we would be only too happy to go over any or all sections in the terms and conditions.

However, the time to do this is prior to making your booking and paying your deposit. Any changes to the terms and conditions which may apply to your particular booking will be provided in writing in your ‘Confirmation Email’.



SECTION 1 - RESPONSIBILITY OF GUESTS TO BE FULLY INFORMED.

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1.1

It is your responsibility to have read and understand these Terms and Conditions before making a booking and paying a deposit.



1.2

We reserve the right to change all or part of these Terms and Conditions at any time.



1.3

You must monitor the observance of the Terms and Conditions by all guests of your party which are included in your booking and visitors who come onto the ‘Sanddollar Property’ during the time of your period of rental . A breach of these Terms and Conditions any guests or visitors will be considered a breach by you.



1.4


A breach of these Terms and Conditions may result in, but is not limited to, you being subject to actions outlined in Section 12 of these Terms and Conditions.



1.5


By paying the deposit you agree to enter into an agreement to rent the Premises from ‘Sanddollar’ in accordance with these ‘Terms and Conditions’.



SECTION 2 - INFORMATION ABOUT PREMISES.

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2.1

While ‘Sanddollar’ makes every effort to ensure that information about the property on the website is current and kept up to date, this information may change without notice. The description of the premises is made in good faith and all photos on this ‘Website’ were taken on site and are provided as a guide only.



2.2

If any feature/facility is essential for the guest in choosing a particular holiday rental property, it is mandatory that the guest check that specific aspect with us before making a booking.

SECTION 3 - TARIFFS AND FEES FOR STAYING AT 'SANDDOLLAR PROPERTY'

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3.1

Tariffs/ Prices listed on our Website are for a minimum five(5) day stay. Numbers greater than two(2) persons and subsequent days (after the first five(5) days) are charged at a standard rate per person per day.



3.2

Tariffs, Prices/ quotations are subject to change, but will be notified well in advance on the website. However, bookings and their associated tariffs (Total Booking Fee) are guaranteed once the required deposit has been successfully processed by us and you have received formal confirmation of your booking from us via email.



3.3

The maximum number of people staying at Sanddollar is eight(8) people.



3.4

There is no additional charge for an infant under two years of age. Where infants below the age of two-years(2) will be included as a guest and a cot is required, this shall be provided by the guests themselves.

SECTION 4 - PAYMENTS AND DEPOSITS(S).

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4.1

We accept payment either by PayPal, credit card (Visa or MasterCard only ) or Bank Transfer.



4.2

A 20% Deposit of the Total Booking Fee is required to secure your booking and must be paid at the time of making your booking.



4.3

The balance of the Total Booking Fee must be paid as ‘clear funds’ at least fourteen (14) days before your arrival date. We will endeavour to send you a courtesy reminder before this date, but the responsibility to make the payment rests with you.



4.4

For bookings made within fourteen (14) days before your arrival date, full payment is required at the time of booking.



4.5

No matter what the circumstances, the Total Booking Fee must be paid by you before stepping foot on (occupying) the property.

SECTION 5 - TERMINATION OF RENTAL BY GUEST.

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5.1

If you cancel your booking for any reason, you must notify us in writing, and the following refunds apply:

  • For cancellations made more than 28 days away from commencement of accommodation, 50% of your deposit will be refunded.
  • For cancellations made between 28 days and 14 days from commencement of accommodation, your deposit is fully non-refundable.
  • For cancellations made within 14 days from commencement of accommodation, all monies paid are non-refundable.




5.2

If the Total Booking Fee has not been paid as clear funds by 14 days before your arrival date it is taken by all parties that you have terminated the booking without notice (refer clause 5.1 above). In this case we reserve the right to re-let the property without recourse from you.



5.3

No refund will be given for early departure.



5.4

Refunds cannot be made for bookings cancelled due to inclement weather or illness. We recommend that you take out comprehensive travel insurance to protect you in this regard.



4.5

Any refunds shall be subject to any deductions made by PayPal, credit card companies or banks as applicable to the transfer on monies.



4.6

Bookings may be transferred (once only) to a future date, provided that the request to transfer :

  • Is made at least 28 days before due arrival, and
  • Is for the same duration, or longer, as the original booking, and
  • The re-booked arrival date is not later than twelve (12) months after the original arrival date, and
  • Deposits paid shall be held over by Sanddollar for the transferred booking, and any difference due also paid by the guest at the time of making the’ transfer’ booking.
  • The applicable tariff for the new date is applied, whether notified on the website at the time of the original booking or not.




SECTION 6 - TERMINATION OF RENTAL BY 'SANDDOLLAR'.

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6.1

If the Premises becomes unavailable for occupancy before or during your stay due to damage to the Premises, or due to the need to carry out emergency repairs as a result of damage to the premises or due to circumstances beyond the reasonable control of ‘Sanddollar’, we will place you in alternative accommodation which is known by as “Flametree”, and is located at lots 9 and 10 Pangona Estate, Efate, Vanuatu. If this property is also not available for the same reasons we will endeavour to find suitable alternative arrangements for your stay. If satisfactory alternative arrangements cannot be made, we will refund monies paid for that part of the booking not fulfilled.



6.2

Sanddollar’ reserves the right to terminate the occupancy of the ‘sanddollar property’ by any guests who breach any clause of these ‘Terms and Conditions’. Refer Section 12.

SECTION 7 - CHECK-IN AND CHECK-OUT BY GUESTS.

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7.1

Tanya who is our Supervisor on the property will meet you on arrival. We will be in contact with you to advise check in arrangements once your have fully paid for your booking in Full, and you will receive via email a pdf ( additional to your confirmation email) which provides advice regarding arrival, along with other matters which may be of interest. All queries in regards to check in arrangements should be directed to the contacts listed on the website.



7.2

Check-In time is from 2.00pm onwards.



7.3

Check-Out is before 10.00am on your check out day .



7.2

Early Check-In and late Check-Out are by negotiation at the time of booking.

SECTION 8 - CONDITIONS OF OCCUPANCY, AND BEHAVIOUR OF GUESTS AND VISITORS.

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8.1

On departure, the Property must be left in a clean and tidy condition.



8.2

Only the number of people shown on the confirmation email may stay at the Premises overnight. The number of your guests at any time should not exceed the number stated on the confirmation email notice unless subsequently agreed in writing or email by us.



8.3

You shall not sub-let the premises or any part thereof.



8.4

You must not use the Premises for any unlawful purpose.



8.5

You are responsible for Visitors.



8.6

Animals or pets are prohibited on the Premises unless prior arrangements are confirmed in writing by us.



8.7

All buildings are non smoking, guests and their visitors agree not to smoke within any building on the property, and to remove and dispose of any butts etc of their members or visitors from the property.



8.8

All fixtures, fittings and equipment must be used solely for their intended purpose.



8.9

You are responsible for the cost of any breakage or damage in or to the property – along with any additional costs that may result – which are caused by guests or visitors. Sanddollar will require payment from you to cover any such costs.



8.10

Guests and Visitors shall contain noise at a reasonable level and, in particular, between 10pm and 8am.



8.11

Guests and Visitors shall not engage in any drunken, obscene or antisocial behaviour.





 Commentary 
To maintain a good standard for guests, certain conditions need to be complied with when staying at the Property. We appreciate that most guests will respect the relevant property, but because of the occasional case of abuse there is a need to draw your attention to the above conditions.



SECTION 9 - SANDDOLLAR STAFF, NI-VANUATU 'KASTOM' AND CULTURE.

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9.1

Guests and visitors shall at all times show respect and behave courteously towards Sanddollar staff and their families.



9.2

Guests and Visitors shall at all times show respect towards local Ni-Vanuatuan ‘Kastom’ and culture.



9.3

Where ‘Sanddollar’ staff make requests of Guests and Visitors in accordance with these terms and conditions, these shall be complied with by Guests and Visitors.



9.4

Should Guests have any concerns regarding any of the staff at ‘Sanddollar’, these concerns shall be conveyed in the first instance to us directly.



8.5

You are responsible for Visitors.



8.6

Animals or pets are prohibited on the Premises unless prior arrangements are confirmed in writing by us.



8.7

All buildings are non smoking, guests and their visitors agree not to smoke within any building on the property, and to remove and dispose of any butts etc of their members or visitors from the property.



8.8

All fixtures, fittings and equipment must be used solely for their intended purpose.



8.9

You are responsible for the cost of any breakage or damage in or to the property – along with any additional costs that may result – which are caused by guests or visitors. Sanddollar will require payment from you to cover any such costs.



8.10

Guests and Visitors shall contain noise at a reasonable level and, in particular, between 10pm and 8am.



8.11

Guests and Visitors shall not engage in any drunken, obscene or antisocial behaviour.



SECTION 10 - LOSS, DAMAGE OR INJURY.

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10.1

If on arrival you notice any existing damage or breakages within the Premises you must report your concerns regarding the condition of the property to us immediately after your arrival. Otherwise it is agreed that all is in order with the property.



10.2

You will be held responsible for any damage, breakages, theft or loss on or in the property shown to have been caused by you during your stay. If any property is affected in this manner, you will be responsible for all related costs for the repair or replacement of the affected property. You authorise us to charge you and you agree to pay these costs.



10.3

Neither ‘Sanddollar’ nor its staff takes any responsibility for the loss or theft of your personal property or for any bodily injury that occurs on or at the Premises. We recommend all guests purchase travel insurance since Management are not responsible for any injuries, illness or accidents that may occur whilst staying at our property.



10.4

Neither ‘Sanddollar’ nor its staff shall have any liability whatsoever for any personal injury (or otherwise) to either guests or visitors however caused.

SECTION 11 - PROPERTY COASTLINE, SEA AND SWIMMING POOLS.

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11.1

Sanddollar has approximately 80 metres of natural Vanuatu coastline, and two swimming pools. These do not have any fencing or safety features which might be assumed by guests, regarding similar items or requirements within their own Country. You must acknowledge this fact and shall ensure that you are personally responsible for the safety security, and wellbeing of everyone associated with your Guests and Visitors.



11.2

You shall ensure that children and any persons of concern, including anyone with disabilities or anyone that cannot swim are supervised in the following situations :

  • Around the pool area when using the pool.
  • Around the land perimeter bordering the sea.
  • In the sea, whether paddling, swimming or snorkeling.
  • While using the kayaks under any circumstances whatsoever.




11.3

You shall ensure that Guests and Visitors do not overreach their competency or ability in regard to any physical endeavor whatsoever, whether that is associated with water or otherwise.



11.4

You shall ensure that children are not able to wander without appropriate supervision near the coastline, swimming pools or other hazards which may pose dangers to them on the sanddollar property, at any time of day or night.



11.5

Sanddollar staff shall not be responsible for any supervision of any guest or visitor to the sanddollar property whatsoever.



11.6

Glass or glass products are not permitted in and around the swimming pools. This condition is to be strictly observed.

 

SECTION 12 - BREACH OF CONDITIONS OF OCCUPANCY, AND/OR BEHAVIOUR OF GUESTS AND VISITORS.

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12.1

A failure to comply with any of these conditions may be considered a serious breach of this agreement resulting in your eviction, and charges being made to you. Any eviction notice shall be give in writing and may be delivered by a third party. On receipt of such an eviction notice you shall leave the sanddollar property with your belongings immediately. By making a booking and paying your deposit, you agree to pay any and all charges which guests may incur as a result of any such breaches of these terms and conditions.



12.2

We reserve the right to enter the property or have a nominated agent enter the property on our behalf at any time for any reason to ensure the compliance with these Terms and Conditions.



12.3

We, or our appointed security provider reserve the right to immediately evict (without any notice given) any guest, visitor or member of the public for the following reasons:-

  • Intoxication and/or unsavoury/lewd behaviour; or
  • Wilful damage to the Property or to surrounding property; or
  • Physical or verbal abuse/assault of our staff, other guests, nearby residents , members of the public on or around the Premises; or
  • Any behaviour deemed as a potential safety threat to others; or
  • Any incident for which our appointed security provider or police are required to attend.




12.4

Guests and Visitors shall NOT have any right or recourse whatsoever for any eviction, or termination of their occupancy of the Sanddollar Property.





 Commentary 
Everyone recognizes that there must be consequences when rules are broken, and this is no exception. Two types of situations arise, firstly : where a Guest tries to obtain a benefit which has not been agreed upon, and the secondly: where behaviour is not acceptable.

In the case of the former, we view this as dishonesty and accordingly those guests lose the right to be on the sanddollar property, without recourse (amongst other possible consequences).

In the case of behaviour issues which may harm or cause damage to persons or property, then clearly for the safety of all, those responsible must be removed immediately without recourse (amongst other possible consequences).

Given that 99% of guests carry themselves in an exemplary manner, explanation is not really required. To date : we have never had to enforce any of the ‘Terms and Conditions’ in this regard.


SECTION 13 - SUPPLIED UTILITIES AT SANDDOLLAR.

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13.1

Sanddollar has utilities, namely that of power and water supplied by independent Suppliers. Sanddollar has no control over the supply of ultilities other than as a customer.



13.2

Should there be a disruption with the supply of either power or water to the Sanddollar property, Sanddollar will liaise and use its best endeavours with the particular utility entity to solve the problem.



13.3

Guests and Visitors shall not have any right or recourse whatsoever for any disruption to their supply of power or water during their time at Sanddollar.



SECTION 14 - GOVERNING LAWS REGARDING THIS AGREEMENT.

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14.1

The Laws governing these Terms and Conditions, shall be the laws of the Country of Vanuatu.



14.2

The version of Law that shall be applicable to these Terms and Conditions’ is the English version. The French version shall not apply.



SECTION 15 - INTERPRETATION AND DEFINITION.

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15.1

‘Sanddollar Website’ ‘Website’ means the information portal at www.sanddollar.co.nz



15.2

‘Terms and Conditions’, ‘Agreement’ shall mean the set of provisions, rules and standards that form the agreement between ‘Users’ (including both ‘Guests’ and ‘Visitors’) and ‘Sanddollar’ for the holiday rental of the ‘Sanddollar Property’ by the ‘Guests’.



15.3

‘Sanddollar’, ‘Us’, ‘We’, ‘owner’ shall mean Sand Dollar Enterprises Ltd, New Zealand Company No. 1808495



15.4

‘Sanddollar Property’, ‘Property’, ‘Premises’ shall mean lots 15 and 16 Pangona Estate, Efate, Vanuatu.



15.5

‘Users’ shall mean both ‘Guests’ and ‘Visitors’.



15.6

‘Guests’, ‘You’, ‘Your’, ‘Your Party’, ‘members’ shall mean the entity, entities, person, and/or persons that have agreed to occupy and use the ‘Sanddollar Property’. By definition the entity / person addressed on the ‘Confirmation Email’ is the ‘Guest’, but shall include all persons included within the numbers of persons booked by that entity / person and included in the numbers stated in that ‘Confirmation Email’. You become’Guest(s)’ by paying ‘Sanddollar’ a deposit for the rental period stated in the ‘Confirmation Email’, and as soon as deposited funds have cleared in the ‘Sanddollar’ bank account.



15.7

‘Visitors’ shall mean persons who are not ‘Guests’ but who know one or other of the ‘Guests’ and have come onto the ‘Sanddollar Property’. ‘Visitors’ shall be the responsibility of the ‘Guests’.



15.8

‘Confirmation Email’ shall mean the email sent by ‘Sanddollar’ to the ‘Guest(s)’ which states the following details :

  • The Name of the Guest(s). This may only be one name but identifies the whole group and shall mean every person in this group of Guest(s).
  • The number of the Guest(s), and by definition the number stated shall be definition be all the ‘Guest(s), regardless of whether they have been specifically named or not.
  • The period of time for which the rental period is for.
  • The amount of the deposit which has been paid and which defines the date from which these ‘Terms and Conditions’ come into effect.
  • The remainder of the ‘Total Booking Fee’ which must be paid as cleared funds fourteen(14) days prior to the start of the designated rental period of the ‘Guests’.





15.9

‘Deposit’ shall mean 20% of the ‘Total Booking Fee’.



15.10

‘Total Booking Fee’ means the total rate or amount payable for the full period of your stay including the basic tariff plus (if levied) bond, and any other fees as outlined in these Terms and Conditions.



15.11

All dollar amounts on the Website are expressed in Australian dollars (AUD$) only.



15.12

‘Period of Rental’ shall mean the days or part days which the ‘Guests’ have a right to occupy and use the ‘Sanddollar Property’. The First and Last Days will be part days and their commencement and ending are defined by ‘Check-In’ and Check-Out’ times respectively.



15.13

‘Check-In’ shall mean the time of day which the “Guests’ are permitted to come onto the ‘Sanddollar Property’ on the day stated in the ‘Confirmation Email’ as being the first day of the ‘Period of Rental’ by the ‘Guests’.



15.14

‘Check-Out’ shall mean the time of day which the “Guests’ are required to leave the ‘Sanddollar Property’ on the day stated in the ‘Confirmation Email’ as being the last day of the ‘period of Rental’ by the ‘Guests’.

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