Lease Agreement for Long-term Rent
This agreement is made on the…. day of month 2014
Pandan Leaves Limited, a company registered in Thailand with Registration # XXXX + address Pandan Leaves Limited is owned by Mrs Jacqueline Cragg Boot (Canadian passport # BA767769) & Mr. Gerardus Boot.(Dutch passport # BYRRB4073 ). Mrs Nareeluck Sa-Nguanchuea Operation Manager, CB Richard Ellis (Thailand) Co., Ltd. Phuket Property Management Services (address & contact details: 12/9 Moo 4 Thepkrasattri Road Tumbon Kohkaew, Amphur Muang Phuket 83000 Thailand, T +66 76 239 967 F +66 76 239 970 , M +66 81 875 4885 ) hereinafter referred to as the “Landlord” Representative,
And Tenant Mr/Mrs. , Passport Number , the second party hereinafter referred to as the “Lessee”.
Whereas, a) The Landlord is the owner of the villa 45 (address: Sai Taan Villas,45 Cherngtalay, Thalang District, Phuket Province) and has given the authority to the landlord Representative to manage the property The property includes swimming pool, garden, furniture, electrical appliances and additional equipment. b) The Landlord wishes to lease the Property to the Lessee and the Lessee agrees to lease the Property from the Landlord and/or “Landlord” Representative Both Parties have entered into this Agreement on the following terms and conditions:
Clause 1 Lease Period
1.1 The Landlord agrees to lease and the Lessee agrees to take a lease of the Property and Inventory for residential purposes for a lease period of days commencing from date X and ending on date Y (the “Lease Period”).
Clause 2 Rental Rate and Payment
2.1The Lessee agrees to pay the Property rent to the Landlord at the rate of USD X for Y days (hereinafter referred to as “Rent”) for the Lease Period.
2.2 The Lessee agrees to pay the following amount to the Landlord:-
- Security deposit (USD 5,000.) payable prior to lease period start.
- Agent fees for X is paid by Landlord.
- To secure the reservation, a deposit of 40% of the Villa rental USD X will be paid within 5 working days after signing the contract. Prior to receipt and confirmation of deposit, the Villa remains available; this contract is not valid unless deposit has been received.
- The balance payment of 60% will be paid in two periods. One payment for 30% of the villa rental USD X must be paid by Date X to hold the reservation before the last payment on Date Y.
- Another 30% of the villa rental USD X must be paid by Date Y to hold the reservation until the Lease Period.
All payments must be paid in US Dollars to the following account:
- Bank Name: HSBC Hong Kong
- Bank Address: 1 Queen’s Road Central, Hong Kong
- Account Name: Gerardus Boot & Jacqueline Cragg Boot
- Account No.: 611-508565-888
- Bank Code: 004 (for local payment)
- Swift Code: HSBCHKHHHKH (for telegraphic transfer)
2.4 The Lessee will be responsible for bank charges occurring when transferring payment to the Landlord’s Agent’s bank account.
2.5 The said Rent is inclusive of Value Added Tax, service charge and duty.
2.6 The said Rent is exclusive of local telephone call, mobile phone and international call (which are on charge at the rates applied by the authority). Include water charge, daily maid cleaning service 8.00am to 5.00pm, Laundry service, Internet, UBC Cable TV.
2.7 The Property is fully equipped and any extra services are to be informed to the villa manager immediately.
All costs of food and drink and/or any expenses occurred from the use of consumable materials by the lessee are not included, and are for the Lessee’s account. Local telephone call, mobile phone and international call (which are on charge at the rates applied by the authority), and are for the Lessee’s account.
Clause 3 Return of the Security Deposit and Lease Cancellation
3.1 The Landlord’s Agent will return the security deposit to the Lessee within 10days after check-out. Nevertheless, amount of security deposit will be subject to bill(s), expense(s) or damage(s) incurred by the Lessee.
3.2 The Lessee will be responsible for bank charges incurred when returning the security deposit to the Lessee.
3.3 The Refund Policy of the cancellations of this Lease Agreement are:
- No refund if cancellations are to be made after the Lease commencement date.
- Refund before rental is only made, if the property is leased to a new customer, and for those periods that the Landlord can find new rental income.
- The lessee is not allowed to sublease the Property.
Clause 4 THE LESSEE hereby agrees with the Landlord as follows:
4.1 To use the leased property for the purpose of a private residence only and not to assign, underlet or otherwise part with the possession of the Property or any part thereof without the prior written consent of the Landlord provided always that this prohibition shall not apply to the occupation of the Property by any member of the Lessee’s staff and members of his family.
4.2 To use the Property in a careful manner and to keep the Property in a clean and orderly state at all times, and in good repair and condition except normal, fair wear and tear.
4.3 Not to take any action that would endanger or cause damage to the Property or which may endanger or cause such damage or induce such damage or nuisance to other parties or which violates the law.
4.4 To be held responsible for any damage(s), loss or endangerment caused to individuals(s) or properties and the Landlord’s rights and benefits of other parties, which occur within the Property as they shall fall under the Lessee’s direct responsibilities. The Lessee shall be held responsible in every way for the damage incurred as the result of acts committed by the Lessee’s visitor(s), dependent(s) or guest(s).
4.5 Not to commit any activities contrary to law or against moral principles upheld by the general public.
4.6 Not to do or permit to be done on the Property anything which may become a nuisance or annoyance to or in any way interfere with the quiet and comfort of adjoining buildings or any adjoining occupiers of the neighborhood, be it by way of light, noise, odor, smoke and/or by any Resident’s Committee and/or Owners Group of Sai Taan Villas, which acts in the name and on behalf of the owners of properties at Sai Taan Villas.
4.7 Not to do or permit or suffer to be done anything whereby any insurance of the said Building against loss or damage by fire may become void or whereby the rates of premium for any such insurance may be increased.
4.8 Not to keep or permit to be kept on the Property any goods or materials which may contravene any local statue or regulations whereby the Landlord may be exposed to penalty and fine and forfeiture.
4.9 Not to keep any offensive drugs or inflammable substances or explosives, acids, alkaline substances or any other dangerous chemicals products in the Property, with the exception of cooking gas, detergents and standard cleaning materials.
4.10 Not to make alteration, modify, change, remove or damage any of the said fixtures and fittings, appliances and/or accessories in the Building and Property without the prior written consent of the landlord.
4.11 Not to smoke in the inside of the villa, smoking shall only be permitted on outside balconies or terraces.
4.12 At the expiration of the term hereby created or if this Agreement is terminated prematurely for whatever reasons to peaceable and quietly deliver up to the landlord or his representative(s), the Property and Inventory in like condition as the same were delivered to the Lessee at the lease commencement date except any damage by fair wear and tear and acts God.
4.13 To permit the Landlord or Landlord’s Agent at all reasonable times and intervals to view by prior arrangement (together with prospective purchasers, lessee or otherwise) the state and condition of the Property.
4.14 By prior arrangement give access to authorized workmen or technicians as advised by the Landlord or Landlord’s Agent.
4.15 Tenant wishes to use the property for rehabilitation and wheelchair access will be facilitated. Any alternations or damage due to facilitating the use of the Villa for such purpose will be at the cost of the Tenant. Specifically the wooden floors may require protection.
4.16 Registered guests, Please bring photocopies of everyone’s passport with you. Only those persons stipulated may stay at the property. Please notify us as soon as possible of any changes. The number of people staying at the property must not exceed the maximum capacity of 13, except in the case of infants (under two years old). Should we or any staff find that the number of people staying at the property exceeds 13, the additional guests will be subject to a per person, per day surcharge and may be asked to vacate the Phuket Villa. We regret that no pets are allowed on the Villa grounds.
4.17 LIABILITY In no circumstances will you hold us or any staff responsible for any loss, expense, damage, claim or injury either directly or indirectly, consequential or otherwise whatsoever, however caused or incurred, whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted, or by reason of military action, revolution or acts of God, or by any staff, agents, employees, subcontractors, servants or third parties whatsoever supplying any of the services or accommodations herein or as substituted. If any accommodations and/or services are substituted, we will act at all times in good faith and use its best efforts to substitute with accommodations and/or services of a type comparable to or better than those originally contracted. We, at our sole and unfettered discretion, reserve the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or guest services. By acceptance of this contract and or the transfer of the down payment, it is assumed by us that this requirement has and will be complied with in full.
4.18 COMPLAINTS AND PROBLEMS Each Villa building is to the same overall standard, quality and finish but there are small differences in style and decor. The descriptions provided by us on the website and elsewhere are made in good faith. Neither we nor any staff accept any responsibility for any modifications made which are not mentioned here or anywhere else. Neither we nor any staff accept responsibility for the breakdown of the supply of water, or electricity, nor of swimming pool filtration systems, though we will use our best endeavors to arrange for any such problems to be solved quickly. If there are any problems during the rental period, which could not be solved by dealing directly with the local staff, contact us immediately and we will use our best endeavors to rectify the situation. We will do as much as can be reasonably expected to avoid and rectify any problems that may occur, but cannot be held responsible for any problems. Any complaints must be notified to us within 24 hours of the occurrence giving rise to the complaint. Should a problem remain unsolved please make a complaint in writing to us within14 days of the completion of the rental period. If the Villa is vacated before the end of the rental period without mutual agreement this may result in the loss of all rights to compensation. No complaints will be considered if made after the departure date or if not acknowledged by the villa owner.
4.19 VALUABLES Any valuables left at the villa are left at your own risk. Neither we nor any staff are responsible for their loss or damage. Please make sure that you do not leave valuables lying around. There are safety boxes available in each bedroom.
4.20 DUE CARE AND SUPERVISION As part of this agreement, guests are required to take care when staying at the villa and be especially watchful of children playing in the gardens, near the entrance of the villa, close to any glass doors, windows or pergolas, in the pool area and in the pool and Jacuzzi. Guests recognize that terrazzo is a very slippery surface and the stone paving around the pool area can also be slippery when wet and, accordingly, guests must take extra special care when walking wet in the bedrooms and bathrooms and around the pool area and should not enter the living/dining area when still wet from the pool or rain. We are not responsible for damage or injuries arising as a result of ignoring this.
Clause 5. AND THE LANDLORD hereby agrees with the Lessee as follow:
5.1 To reserve and deliver the Property to the Lessee in a good conditions as agreed and make sure that the Lessee shall peaceable and quietly hold and enjoy possession of the Property and Inventory during the lease period without any interruption by the Landlord or any person or persons lawfully claiming under or trust for him.
5.2 The Landlord is responsible for payment of the common area charge to the Landlord’s Agent and the Landlord has to repair and maintain any items due to normal wear and tear.
Clause 6. BOTH PARTIES hereby agree that:
6.1 Should either party hereto desire to make any changes, in additions to or remedy of this Agreements, in part or in whole, such change(s) must be made in writing and bear the signatures of each party hereto prior to being put into force and mutually binding thenceforth.
6.2 The Landlord shall not be responsible for any injury, fatality, damage or theft or loss of property whatsoever incurred by the Lessee or his dependent(s) during the terms of this Agreement.
6.3 The Lessee agrees to indemnify and hold the Landlord harmless from all claims, losses, damages, costs or liabilities of any kind related to or arising out of this Agreement.
6.4 The provisions of this Agreement shall be governed in all respects by and construed in accordance with the laws of Thai law The parties hereto agree to submit the Thai Court for hearing and settlement. Two identical copies of this Agreement have been drawn up of which each party respectively shall retain one copy hereof. Whereas both parties having read and fully understood all the terms and provisions herein contained agree they are correct and in accordance with their intentions they hereunder affixed their signatures in the presence of witness bearing important testimony hereof.
7.1 For cooking service
- Breakfast is complimentary. The maid will arrange with responsibility ingredient tb provided by the tenant .
- Breakfast is complimentary. The maid will arrange with responsibility ingredient tb provided by the tenant .
7.2 Babysitter charge Thai baht 300 per hour (On request)
7.3 Maid live in villas 24 hours charge Thai baht 2,000 per day. (On request )
7.3For the electricity - Consumption 3,000 KWhr per month, or 100 kWhr per day is included. After the use of 3,000 kWhr per month, any extra kWhr will charge at Thai Baht 4 per kWhr. Expected Electric cost is approximately THB 24,000 per month
Signed as the Lessee: