Public offer agreement — Casuarina Shores

This Offer is an official public offer to individuals or enterprises (Lessee) to conclude an Apartment Rental Agreement (Agreement) with Casuarina Shores Co., Ltd. (Company) according to Thai law. The Agreement is considered concluded on the terms of the Offer without exceptions and restrictions from the Lessee registrations and pays for any part of the cost of order (Order) on Company's website www.casuarinashores.info (Website) and is valid until the parties fully fulfill their obligations. The text of Offer, Tariffs and Rules of Company (Rules) are posted on Website.

The Subject of the Agreement
1. The company leases to the Lessee, apartments at Casuarina Shores residence at 20 Moo 2, Cherngtalay, Talang, Phuket, 83110, Thailand (Apartments) exclusively for the purposes of Lessee’s stay with no more than 5 people of the Lessee’s guests, including children of any age for whom he bears full responsibility in terms of the implementation of Agreements and the laws of Thailand.
The procedure for renting apartments by the Lessee:
1. Read and agree to the Offer, Rates, Rules and strictly follow them.
2. Place and pay for any part of the Order in any way independently, through managers or agents of Company, after wich the Agreement is considered concluded. A voucher confirming the type of Apartment, dates of stay and the balance due is sent automatically, immediately after receipt of any payment.
3. Pay (rent up to 3 nights, inclusive):
  - 100% of the Order at the conclusion of the Agreement, before receiving the keys to the apartments
  Pay (rent less than 90 nights):
  - 50% of the Order within a day after the conclusion of the Agreement
  - 100% of the Order before 11:00 am the next day after the date of arrival
    In case of violation of this paragraph, the Company has the right to terminate the Agreement and evict the Tenant without refund of any payment.
  Pay (rent 90 nights or more):
  - The cost of 2 months of rent (Last month + Security deposit) at the conclusion of the Agreement
  - Then monthly, on the day of arrival and on the 1st day of each following month (except the Last month)
4. Pay a penalty of 1% of the cost of the Order for each day of delay in any payments under the Agreement.
5. Upon arrival, receive the keys at the Company's office, and outside of business hours at the Security on the basis of Voucher.
6. Short-term Lessees (less than 28 nights) make an advance payment to the Company's office for any additional services not included in the short-term Rates.
7. Long-term Lessees (28 nights or more) pay an additional Security deposit of 10 000 THB for each month of rent upon check-in.
  Long-term Lessees (90 nights or more) pay a security deposit in the amount of one month of rent at the conclusion of the Agreement
  The balance of Security deposit is returned upon the Lessees's departure after deduction of payment for water, electricity and other services not included in the long-term Rates.
8. The Lessee is prohibited from making changes to the apartments, including rearranging furniture, without the written consent of Company. The Lessee is obliged to immediately pay Company the costs of unauthorized changes to the apartment.
9. In the absence of people in the Apartment, the Lessee is obliged to turn off the lights, air conditioners and close all doors with a key.
10. Before check-out, the Lessee is obliged to declare any damages or loss of property of the Apartments and pay the full amount for replacement or repair (at the discretion of Company), otherwise Company has the right to withhold the corresponding amounts from the Card in the double amount.
11. The Company has the right to use third parties to receive payments under this Agreement. When paying for an order with a credit card, the Company has the right to verify the payment by contacting the Lessee to resolve any issues. If the Lessee is not available or the issue is not resolved, Company has right to cancel the Order.
12. When the Lessee chooses the payment method “Quick confirmation by credit card”, he agrees to the direct debiting of the amounts from the Card by the Company's bank, in accordance with th above paragraphs.
13. Refund of rent in case of cancellation of the Order, non-arrival or early departure, regardless of the reasons, is not provided.
14. Representatives of the Company have the right to access the Apartments at any time for cleaning, change of bed linen, inspections, urgent repairs, installation of new equipment or furniture.
15. The Company has the right to relocate the Lessee to other Casuarina Shores Apartment without any compensation, which does not violate the terms of the Agreement.
16. The Company has the right to disable and enable the service on the Website at any time, carry out preventive maintenance on the server and other equipment involved in the provision of services, informing about this on the Website.
17. The Lessee is responsible for the confidentiality of his/her registration name (Login) and password, as well as for all actions performed under this name (Login) and password. The Company is not responsible and does not compensate for losses incurred due to unauthorized use by third parties of the Lessee’s login and password.
18. The Lessee is prohibited from subrent the Apartment to other persons or accommodating people who are not listed in the Voucher.
19. In case of violation of the Agreement by the Lessee, the Company has right to terminate it at any time without refund of any payments.
20. In case of violation of the Agreement by the Company, the Lessee has the right to demand from the Company to eliminate the violation. The Company is obliged to remedy the violation within a reasonable time or provide the Tenant with other Casuarina Shores Apartments. Only if the Company cannot remedy the violation within a reasonable time, nor provide the Lessee with other Casuarina Shores Apartments, the Lessee shall have the right to terminate the Agreement and request a refund of unused part of the Rent minus deductions in accordance with the Agreement, Voucher and Rates. Apartments, furniture and equipment must comply with the description on theWebsite, but their non-compliance with the Lessee's expectations is not a violation of the Agreement.
Force Majeure
1. Force Majeure (force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions) are events that lead to the impossibility of using the Apartments by the Lessee, not caused by the fault of the Company or the Lessee, such as: wars, strikes, actions and decisions of state authorities and natural disasters.
2. The Lessee and the Company are released from liability for full or partial failure to fulfill their obligations under the Agreement due to Force Majeure and should not compensate each other for losses or return previously paid amounts.
Liability and Dispute Resolution
1. The Lessee represents the interests of all persons listed in the Voucher and is responsible for the correctness of their data and their implementation of the Agreement.
2. The Company is not responsible for non-perfimance or improper perfomance of services on its part or the part of third parties arising from violations of the Agreement by the Lessee or his guests, unreliability, insufficiency or untimely information and documents provided by him, loss of valuable things by Lessee or his guests, unfortunate cases and health problems of Lessee or his guests, regardless of the reasons.
3. On issues not covered by the Agreement, the Company and the Lessee must be guided by the laws of Thailand.
4. The Company and the Lessee should make efforts to reach an agreement on disputed issues through negotiations. If it is impossible to reach an agreement in the negotiations, the disputes that have arisen are subject to consideration in the arbitration and judicial bodies of Thailand.