Lanee’s Residenz | GENERAL TERMS AND CONDITIONS (GTC)
General terms and conditions (GTC) – Edition 2016-I
Lanee’s Residenz · 99 Moo 6 · 31230 Na Phaeng a Na Pho · Buriram · Thailand
1. General terms, applicability
In order to enhance readability it is refrained from using gender-specific distinctions. The female form is also always intended.
The conclusion, the content and the completion of contracts between Lanee’s Residenz and the customer is based on the following General Terms and Conditions (GTC). General Terms and Conditions will hereinafter reffered to as „GTC“.
The GTC published on this website will be updated as necessary and are binding for previous and future contractual relationships. (Lanee’s Residenz recommends to print and to keep it together with the other contract documents.)
With the conclusion of contracts the customer accepts the current GTC.
Diverging and additional provisions shall be valid only if agreed in writing and signed by both (or all) contracting parties or representatives.
Correspondence between Lanee’s Residenz and customer shall be carried out electronically by e-mail and it is deemed to be legally binding.
2. Conclusion of contract
The offers of Lanee’s Residenz to the customer are non-binding and noncommittal.
When requesting an offer the customer undertakes to provide truthful particulars and to make available all necessary documents and information, which significantly help and/or are necessary to ensure fulfilment of the services.
After the customer confirms the offer of Lanee’s Residenz as approved, Lanee’s Residenz issues the contract.
The contract shall only be concluded with the declaration of acceptance by the customer and the order confirmation by Lanee’s Residenz. Then the contract is legaly binding for both parties.
3. Termination of contract, notice
For all contracts, except for fixed-term contracts notice of cancellation has to be given in writing. The individual notice terms are specified in the contracts.
4. Nature and scope of the services
- Rental services (in its framework hotel rooms and bungalows shall be rented)
- Support and care services (in its framework support and care shall be offered)
- Consulting services (in its framework consulting and support shall be offered)
- Introduction services (in its framework services and/or third party contractual partners shall be introduced)
The respective scope of services of Lanee’s Residenz shall follow from the contract.
5. Confidentiality, data protection
Both Lanee’s Residenz as well as the customer are obliged to maintain confidentiality about all datas and information which are beeing mutually exchanged.
6. Prices, payment, due date, default of payment
Binding for the invoicing are the prices and hourly rates as well as the corresponding payment terms contractually agreed upon.
For urgent services which, after consultation with the customer, have to be rendered outside usual business hours, an additional charge corresponding to 50% shall be levied.
Travel time shall be considered to be working time. Unless agreed otherwise, travel expenses shall be borne by the customer.
VAT/sales tax is included in the prices.
Lanee’s Residenz expressly reserves the right to make price adjustments.
- Long-term rents including payment on account for utilities are payable monthly in advance on the first day of the month.
- Deposit is payable together with the first payment of rent.
- Invoices for down payments and instalments shall be immediately payable.
- Invoices for other services shall be immediately payable.
In case of payment default Lanee’s Residenz shall be entitled to charge a default interest in accordance with the applicable interest rates charged in Thailand.
In the event of non-payment of rents and utilities and/or invoices Lanee’s Residenz is entitled to cancel the contract without notice and to terminate it with immediate effect.
Moreover, Lanee’s Residenz shall be intitled to retain tangible assests up to the maximum value of the outstanding receivables plus default interest plus any other additional expenses which may incur therefore. Furthermore, a debt recovery service shall be able to demand outstanding payments by means of an application for collection and/or a legal proceeding claim. The costs applicable to this shall be borne by the customer.
7. Compensation in case of cancellation and contract withrawal
In the event of cancellation of the contract or of withdrawal outside the firmly stipulated term of contract respectively untimely withdrawal of the contract the customer shall be liable for damages as following:
- In case of cancellation directly after the dispatch of the order confirmation
- contribution towards expenses of Thai Bath (THB) 5’000.
- In case of cancellation 30 up to 90 days prior to arrival
- 60% of the agreed amount
- In case of cancellation 10 up to 29 days prior to arrival
- 80% of the agreed amount
- In case of cancellation less than 10 days prior to arrival
- 100% of the agreed amount
- In case of an early departure or late arrival the amount will be due for the agreed contract period and the deposit shall be retained until all outstanding amounts have been paid.
- Possible additional costs in case of an early departure shall be borne by the customer.
As a cancellation and/or withrawal of cantract shall apply also non appearance without prior notice.
8. Warranty, liability
Lanee’s Residenz shall warrant for a careful execution of the services stipulated in the contract.
Claims for damages against Lanee’s Residenz as well as against its employees shall be excluded as long as it is not a case of wilful misconduct or gross negligence.
Enticing away employees, guests and residents or attempting to do so by the customer is prohibited during the liefetime of the contract and six more month beyond.
10. Special regulations for dementia affected people
For dementia affected people special regulations shall apply. The contracts for the bungalow rent, the support and care as well as the procurement of special devices and aids, consumables, medicines, special therapies, doctor and hospital visits, etc. shall be agreed, if available, with the relative or with the person in charge. If relatives or a person in charge are lacking, Lanee’s Residenz in consultation with the responsable embassy, takes over the responsability and takes the decisions for the benefit of the dementia affected person.
11. Severability clause
Should individual or several provisions of these GTC be or become void or ineffective in whole or in part, the validity of the remaining provisions and the contract shall not be affected. The ineffective provision/s shall be replaced by regulations which come closest to the economic purpose and actual intention of the parties to the extent permitted by law.
12. Place of jurisdiction and applicable law
Thai law will be exclusively applicable.
For all disputes that may arise from the contract the place of jurisdiction is the competent court for 31230 Na Phaeng a Na Pho, Buriram, Thailand.