Terms of Use

Villa Kubu Hirer’s Terms and Conditions

(Villa Kubu is the entity which operates and manages all the villas within the Villa Kubu Estate and the LataLiana Estate)

1. Agreement to hire

1. The contract entered into is between Villa Kubu (Villa Kubu) and the holidaymaker (Hirer).

2. The Hirer agrees to hire from Villa Kubu and Villa Kubu agrees to let to the Hirer certain holiday accommodation (Villa) on the terms and conditions set out herein.

3. This Rental Contract is not valid and effective until the Hirer has submitted the booking confirmation of details in writing in the format required by Villa Kubu, and the booking has been confirmed in writing by Villa Kubu.

2. Rates

1. All rates are quoted in USD and are inclusive of tax or service charge (unless otherwise stated). Rates are subject to change. Tax and service charges on rates are 21%.

2. Rates do not include gratuities, telephone charges, meals, catering, cars, and drivers, or any other service unless stated otherwise.

3. Wireless internet connection is free of charge for all guests.

3. Seasons

1. Villa Kubu divides the year into two (2) Seasons:

1. Low Season: January 09 to June 30 inclusive (excluding Easter Week and Chinese New Year week), September 01 to December 20 inclusive.

2. High Season: July 1 to August 31 inclusive, or September 10. Chinese New Year 16 – 20 Feb inclusive (for 2018) and Easter 31 March to 3 April inclusive (for 2018).

4. Payments for bookings of the villas

1. A deposit of 50% of the total rental amount payable (Deposit) must be received by Villa Kubu within five (5) working days of the Hirer being provided with the relevant invoice and payment instructions for rentals beginning more than 45 days after the date of the booking request.

2. If the Deposit is not paid as required, the booking will not be finalized and this Rental Contract will be deemed void.

3. Payment of the balance 50% of the total rental amount payable (Balance Due) is payable not less than 45 days before the scheduled arrival date.

4. If the booking is made 45 days or less prior to arrival, then the Deposit and the Balance Due must be received by Villa Kubu on the earlier of:

1. Five (5) working days from the booking being confirmed, and

2. Arrival

5. Payments for all bookings

1. If payments are not made as required herein, Villa Kubu may cancel the booking and retain the Deposit, in which case this Rental Contract will be thereby terminated without any further notice required.

2. All payments must be made in United States Dollars. Payments can only be made by bank transfer or credit card. Payments made by credit card will be converted to Indonesian Rupiahs at the rate applicable at the date of payment. Some conditions apply and full details will be given at the time of booking.

3. Payment by Traveler’s Cheques, other currencies or personal cheques will not be accepted.

4. The Hirer will be required upon arrival to sign a Waiver of Liability and a credit card authorization form which will allow Villa Kubu to charge the card with any charges the Hirer incurs whilst at the Villa. This form must be accompanied by photocopies of both sides of the credit card used (for American Express Centurion credit cards a lithograph copy or alternative will be required for legibility), a photocopy of the cardholder’s passport, and written authorization from the cardholder. The Hirer and all their guests must provide their KTP card and/or passport to the Manager on duty on arrival at the Villa for registration with the local authorities. If a Hirer refuses to sign the waiver and authorization form and/or the Hirer and/or its accompanying guests refuse to provide copies of passports or KTP cards as required pursuant to this clause, this is deemed a cancellation of the booking.

5. In the case of last minute bookings, where the booking is made fifteen (15) working days or less prior to the arrival date, Villa Kubu will accept cash (2009 or newer, unmarked United States Dollars banknotes – F series or newer only) on arrival.

6. However, a credit card authorization form will needed to be used to ensure deposit requirements are met.

1. This form must be accompanied by photocopies of both sides of the credit card used (for American Express Centurion credit cards a lithograph copy or alternative will be required for legibility), a photocopy of the cardholder’s passport, and written authorization from the cardholder.

2. The funds will be held as security and the transaction will be reversed only upon receipt of deposited cleared funds of cash payment as agreed with Villa Kubu.

3. The Hirer will remain liable for payment of all fees until payment is received in full by Villa Kubu.

6. Cancellations

1. Cancellation of a booking includes but is not limited to:

1. Cancellation of one or more days of a booking;

2. An amendment to a booking so that none of the dates of the booking once amended fall within the same dates that originally constituted the booking;

3. Refusal of the Hirer to sign the waiver of liability and credit card authorization form, and/or failure of all guests to provide Passport/KTP cards pursuant to Clause 5.4; and

4. Attempt by the Hirer to hold an event at the Villa in breach of these Terms and Conditions.

2. 25% of the total rental amount will be forfeited if the cancellation is made 46 days or more before the start of the rental period.

3. 100% of the money paid will be forfeited if the cancellation is made between 1 and 45 days before the start of the rental period.

4. Notice of cancellation must be received by Villa Kubu in writing via email, to our reservations team at reservations@villakubu.com.

7. Changes to bookings

1. Changes to bookings that are made within 46 days or more prior to arrival, (including Christmas/New Year bookings) can only be made with the approval of Villa Kubu. An administration fee of United States Dollars $100.00 may be payable by the Hirer for each change made to the booking after the booking has been confirmed.

2. The change to the booking is dependent on the payment of the administration fee.

3. Requests for changes to bookings cannot always be accommodated, and an increase in the booking fee may be applicable, depending on the changes requested. Certain changes may be considered cancellations of bookings, as outlined in Clause 6.1.

8. Number in party/suitability of booking

1. The number of persons (adults and children) staying at the Villa must not exceed the maximum number of sleeping places indicated in the booking confirmation and reservation voucher, unless specifically authorized in writing. Exceeding this number may invalidate any insurance policy on the Villa.

2. Entry or access to the Villa may be refused or limited where the number of guests exceeds the stated requirement.

3. No pets are allowed unless agreed in writing in advance.

4. Villa Kubu reserves the right to refuse any booking which it deems unsuitable for the particular Villa.

9. Events and parties

1. Villas have rules governing their usage for events and parties. Normal bookings are for vacation purposes and the Hirer and/or its guests may not hold an event or function at the Villa without obtaining prior written approval from Villa Kubu.

2. If an event is permitted at the Villa, an event fee, in addition to the local community or Banjar fee, will apply. Clients should be aware that Villa Kubu is located in a residential neighbourhood and, as such, not all functions or events can necessarily be accommodated. Much depends on the sensibilities of the neighbourhood’s residents.

3. If Villa Kubu has confirmed a booking which includes an event at the Hirer/ Guest’s chosen Villa, in certain circumstances the Hirer/ Guest must then obtain permits from the police and the local community before the event can proceed. The Hirer/Guest acknowledges and agrees that Villa Kubu cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Villa, Villa Kubu will refund any event fee paid by the Hirer/ Guest, however Villa Kubu will not be liable for any further refund or payment to the Hirer/ Guest.

4. Please be aware that Villa Kubu will not accept a booking involving a function without prior confirmation that an approved function coordinator has been employed. Villa Kubu can recommend a suitable coordinator where required.

10. Loss and/or damage

1. The Hirer is responsible for leaving the Villa in good order and in a clean condition. The Hirer further undertakes to pay for any loss and/or damage to the Villa during the Hirer’s occupation of the Villa.

2. Villa Kubu reserves the right to repossess the premises if the Hirer or a guest or invitee of the Hirer has caused damage to the premises.

11. Valuables and Security

1. Any Hirer/ Guest valuables or property left or used at the Villa are at the Hirer/ Guest’s own risk. Valuables and/or property should be stored in the safety box and when a safety box is not provided for, be brought to the attention of the Villa Manager.

2. Villa Kubu does not accept any responsibility for loss of or damage to Hirer/ Guest Valuables or property. The Hirer/ Guest is responsible for the Villa during the Rental Period and must ensure that all windows and doors are locked securely when not on the premises. Any act or omission by the Hirer/ Guest, their party and/or visitors which may negate or prejudice the Villa’s insurance policy and/or results in loss or damage is the Hirer/ Guest’s responsibility.

12. Check in and check out times

1. Clients may Check In to a Villa after 2 pm except for LataLiana which has a check-in time of 3 pm

2. The mandatory Check Out time is 12 pm, except for LataLiana which has a Check Out time of 11 am.

3. In cases where there is no other booking for the same day, Villa Kubu may extend the check-out time beyond 2 pm subject to availability.

1. Late Check Out prior between 2 pm and 6 pm, subject to availability, incurs a half night’s rate.

2. Late Check Out after 6 pm, subject to availability, incurs a full night’s rate.

13. Disclaimer

1. Whilst Villa Kubu makes every effort to ensure that brochure descriptions are accurate and that the Villa meets its required standards, Villa Kubu does not accept responsibility for any alterations made to the Villa or its amenities, which are beyond its control. Nor does it accept responsibility for any injury, death, sickness, loss, damage, additional expense or inconvenience, directly or indirectly caused by or arising out of the use or condition of the Villa, its plumbing, gas, electrical or otherwise, and exceptional weather conditions. No responsibility is accepted for the personal belongings, vehicles, and their contents of the Hirer or its guests or invitees during the period of hiring of the Villa.

2. Villa Kubu does not take responsibility for the inability of the Hirer/ Guest or any member of the Hirer/ Guest’s party to enter the location of the Villa or stay at the Villa for all or part of the Rental Period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or any delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any other circumstances which amount to ‘force majeure’ or Acts of God, or other events beyond Villa Kubu’s control.

3. In no case will Villa Kubu be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.

14. Force majeure

1. Villa Kubu shall not be liable to the Hirer for any failure to perform any obligations under this Rental Contract due to causes which prevent it from fulfilling its obligations under this Rental Contract which are beyond its reasonable control and of a nature which it neither has the power or authority to remedy, including without limitation, acts of God, acts of civil or military disturbances, fires, floods, epidemics, wars, riots and acts of terrorism. In the event of such an occurrence, Villa Kubu shall give prompt written notice thereof to the Hirer and any time for performance of an obligation shall be extended by time equal to the length of delay attributable to such occurrence.

15. Complaints

1. If the Hirer/ Guest considers that they have cause for complaint concerning the Villa, the matter should be taken up promptly with Villa Kubu. In order for the Hirer/ Guest’s complaint to be addressed, the Hirer/ Guest must communicate any problem whilst on location.

2. Villa Kubu will not entertain complaints made after the Hirer/ Guest has left the Villa, when it is unable to properly investigate the complaint. If no complaint is reported during the Rental Period, Villa Kubu will assume that the Villa was to the Hirer/ Guest’s satisfaction and no complaint will be entertained.

16. Termination

1. Villa Kubu reserves the right to immediately terminate this Contract in the event the Hirer breaches one or more of the Terms and/or Conditions herein.

17. Interpretation

1. This Contract is governed by the laws and regulations of the Republic of Indonesia.

18. General

1. Villa Kubu strongly recommends that the Hirer and all guests obtain appropriate travel and medical insurance.

2. It is the Hirer’s and the guests’ sole responsibility to ensure that they comply with the Laws and Regulations of the Republic of Indonesia, and Villa Kubu takes no responsibility for any acts or omissions by the Hirer, their guests or invitees that are illegal or breach any Laws or Regulations of the Republic of Indonesia.

Policy for airport closure and travel disruptions

1. If you are staying at the villa while the airport in Bali closes, we will try to accommodate you to continue your stay at the villa you’ve booked (with a very special discount on additional nights if needed – 50% from our published rate).

2. If the airport in Bali is closed and it’s not possible to fly in to Bali, we will offer credit of the value of the booking, to be used anytime from that day up for a period of up to 9 months; the value will be applicable for the same villa and based on the season and rates.

3. If the flight company cancels your flights to Bali but the airport in Bali remains open, you must refer to your private insurance company or travel company for any compensation etc. The villa will follow our standard cancellation policy in this case.