Terms and Conditions

Scope of Application

Any Accommodation Contract and related agreement to be concluded between this Resort and its Guest shall be in accordance with the provisions of these Terms and Conditions. Any matter not provided for herein shall be in accordance with applicable laws and regulations and/or generally accepted practices.
Notwithstanding the preceding paragraph, the Resort may apply the provisions of any special contract insofar that said special contract does not violate the purpose of these Terms and Conditions, applicable laws and regulations, and general practices.

Refusal of Accommodation Contract

The Resort may refuse the conclusion of an Accommodation Contract in the event of one or more of the followings:

When the application for accommodation does not conform with the provisions of these Terms and Conditions;
When the Resort is fully booked and no Cabins/Tubes available;
When the person seeking accommodation is deemed liable to conduct himself/herself in a manner that will contravene the applicable laws or be against the public order or good morals in regard to his/her accommodation;
When the person seeking accommodation is deemed to be a designated criminal gangsters organization or a federation of such gangsters organizations as defined by the “Act on Prevention of Unjust Acts by Organized Crime Group Members,” a member or the related person of such organization or federation, or any other antisocial force (hereinafter collectively referred to as “Antisocial Forces”);
When the person seeking accommodation is a corporation or other group whose business activities are under control of the Antisocial Forces;
When the person seeking accommodation is a corporation or other group with a board member or director who is a member of the Antisocial Forces;
When the person seeking accommodation can be clearly detected as carrying an infectious disease;
When the Resort is requested to assume an unreasonable burden in regard to the person’s accommodation;
When the Resort is unable to provide accommodation due to natural disasters, malfunction of the facilities and/or other unavoidable causes;
When the person seeking accommodation is deemed liable to behave in a manner that will cause serious annoyance to other Guest(s) of the Resort;
When the person seeking accommodation conducted himself/herself in a manner that causes serious annoyance to other Guest(s) of the Resort;
When the person seeking accommodation conducted himself/herself in a manner that interferes with the execution of operation of the Resort by its board member(s) or personnel;
When the person seeking accommodation is deemed liable to carry hazardous objects (stoves and other ignitable devices, petroleum fuels, etc.), drugs or substances the possession or usage of which is legally prohibited under the applicable laws and regulations, or toxic materials to people;
When the person seeking accommodation has been subject to subparagraph 1), 4) or 5) of paragraph 1, Article 6 hereof in the past; or
When there is any other justifiable reason.

Notification of Name, etc.

The person seeking to apply for an Accommodation Contract shall provide the Resort with the following information:
1. Address, name, and telephone number of the Guest;
2. Date(s) of the stay, estimated time of arrival, and telephone number and name of the applicant; and
3. Other information deemed necessary by the Resort.
In the case when the Guest requests, during his/her stay, an extension of the accommodation beyond the date(s) of the stay in subparagraph 2) of the preceding paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.

Conclusion of Accommodation Contract

An Accommodation Contract shall be deemed to have been concluded when the Resort accepts the application therefore as described in Article 3 hereof.
When an Accommodation Contract is concluded, in some cases the Resort may designate a deadline and request the Guest for the payment of the Reservation Deposit for his/her Accommodation Period by the deadline. The amount of such Reservation Deposit shall be up to the amount of the Accommodation Charges. When the Accommodation Period exceeds three days, then the amount of such Reservation Deposit shall be up to the equivalent of the Accommodation Charges for three days.
When the Contract Cancellation Fee shall be paid subject to Article 5 hereof, the Reservation Deposit set forth in the preceding paragraph shall be applied for the payment of the Contract Cancellation Fee, and then any remainder thereof, if any, shall be reimbursed.

Cancellation of Accommodation Contract by the Guest

In the case when the applicant has canceled the Accommodation Contract in whole or in part, he/she shall pay to the Resort the Contract Cancellation Fee as listed in the Attached Table No. 1.
In the case when the Guest does not appear without any advance notice by midnight on the accommodation date (or 2 hours after the estimated time of arrival if such estimated time was expressly informed beforehand), the Resort may regard the Accommodation Contract as being canceled by the Guest and treat it as such.
In the case of cancellation subject to the preceding paragraph, if it is proven that the Guest failed to arrive by midnight on the accommodation date (or 2 hours after the estimated time of arrival if such estimated time was informed beforehand) or to provide an advance notice thereof to the Resort due to the delay of airline or any other public transportation, or other circumstances not attributable to the Guest, then the Contract Cancellation Fee stipulated in paragraph 1 of this Article hereof shall not be charged.

Cancellation of Contract by the Resort

The Resort may cancel the Accommodation Contract in the event of one or more of the followings:
1. When any case of subparagraph 3) to 15) of Article 2 hereof is confirmed as applicable;
2. When the applicant refuses to provide the information required in subparagraph 1) to 3) of paragraph1, Article 3 hereof;
3. When the Reservation Deposit stipulated in Article 4 hereof is requested but not paid by the deadline designated by the Resort;
4. When the Guest allows any visitor who is not a guest of the Resort into his/her guest cabin/tube; or
5. When the Guest smokes indoors, vandalizes fire protection equipment/facilities, or breaks the Resort’s rules (i.e. Samadhi Eco Resort Usage Regulations) and does any of the prohibited acts thereunder.
When the Resort cancels the Accommodation Contract in accordance with the preceding paragraph, the Accommodation Charges for the Accommodation Period up to the cancellation date will be deducted from the Reservation Deposit if any and any balance thereof shall be refunded.

Accommodation Registration

The Guest shall register with the front desk of the Resort on the date of accommodation the following information:

1. Information stipulated in subparagraph 1) of paragraph 1, Article 3 hereof;
2. In case of a foreign Guest, except that he/she is a resident in Chile, his/her nationality, passport number and the place/date of entry (a copy of his/her passport shall be provided to the Resort);
3. Date of departure; and
4. Other information the Resort deems to be necessary.

Time of Check-in and Check-out

The Guest is entitled to enter in (Check-in) the Resort on or after 3:00 p.m.(on the day of arrival) and shall leave the Resort (Check-out) by 12:00 p.m. (on the morning of departure).
In principle, the Resort does not extend the Check-out time beyond 12:00 p.m..
Because it is a cabin/tube cleaning time between 12:00 a.m. and 3:00 p.m, The Guest staying for two or more days, basically, may not enter the cabin/tube during that period of time. However, the Guest who has notified the Resort in advance that cleaning is not necessary for his/her guest cabin/tube may stay in the guest cabin/tube between 12:00 p.m. and 3:00 p.m.. Furthermore, the Guest is responsible for his/her own valuables and the Resort shall bear no liability for any loss or damage thereof.
The Guest shall pay 100% of the Accommodation Charges in the case when he/she stays beyond 12:00 p.m. on the departure date. In the case where the Guest requests the extension of his/her Check-out time or stay, he/she shall notify the front desk of the Resort by the time of the original Check-out time, and if such request is accepted by the Resort, such extension will be available. In such a case, the Guest shall pay the Accommodation Charges for the extended time or stay at the time when the Resort has accepted the Guest’s request.
Notwithstanding the provisions of paragraph 1 to 4 of this Article, the Resort may change the Check-in and Check-out time at its own discretion.

Payment for Accommodation Charges

The Accommodation Charges shall be paid by Check-in at the front desk of the Resort.
Once the Guest begins to use a guest cabin/tube, the Accommodation Charges shall not be refunded even if the Guest chooses not to stay at the Resort.

Observance of Samadhi Eco Resort Usage Regulations

The Guest shall observe the Samadhi Eco Resort Usage Regulations established by the Resort during his/her stay in the Resort.

Responsibility/Liability of the Resort

The Resort’s responsibility/liability under the Accommodation Contract shall become effective either at the time of the registration by the Guest subject to Article 7 hereof, or at the time the Guest enters in his/her guest cabin/tube, whichever occurs earlier, and shall cease and expire at the time the Guest leaves the guest cabin/tube for departure.
When the Resort is unable to provide the Guest with a guest cabin/tube due to circumstances attributable to the Resort, except for any case of natural disaster or other circumstances beyond the Resort’s control making it difficult to secure accommodation(s) at other lodging facility, the Resort shall arrange for the Guest to stay at other lodging facility based on equal or similar conditions. In such case, limited to the case where the price of a one-night stay at the lodging facility, to which the Guest is referred on the day when the Resort is unable to provide a guest cabin/ tube, is higher than the original price of a one-night stay at the Resort at the time the reservation is made, the Resort shall pay the difference in such cabin/ tube rates.

Handling of Deposited Articles

The Resort shall compensate the Guest within the limit of 307,000 CLP for the loss, breakage or other damage (hereinafter collectively referred to as “Damage”) when the Damage occurs to any of the articles (including cash and valuables) deposited at the front desk by the Guest, except for the Damage occurred due to force majeure or other circumstances not attributable to the Resort. As for cash and valuables, even if the Guest has expressly reported its kind and value beforehand, the compensation therefore by the Resort shall be up to 307,000 CLP, as well.
The Resort shall not compensate the Guest for any Damage when such Damage occurs to any of the articles which are brought into the premises of the Resort by the Guest but are not deposited at the front desk, unless otherwise determined the Damage took place due to the result of willfulness or gross negligence on the part of the Resort.

Custody of Baggage or Belongings of the Guest

When the baggage of the Guest is brought into the Resort before his/her arrival, the Resort shall be responsible for keeping it only in the case when the Resort has previously consented to such beforehand baggage arrival. The baggage shall be handed over to the Guest at the front desk at the time of his/her Check-in.
When the baggage and/or belongings of the Guest is found left after his/her Check-out, the Resort shall keep them for 7 days including the day they are found, and after this 7-day period, the valuables of which shall be turned over to the nearest police station and the other goods will be disposed by the Resort. In case of food, beverages and magazines, the Resort shall keep them only for the day they are found, and thereafter they will be disposed of by the Resort.

Liability in regard to Parking

When the Guest uses the parking lot within the premises of the Resort, the Resort simply offers the space for parking and shall not be liable for the custody of the vehicle of the Guest, whether the key of the vehicle has been deposited at the Resort or not. However, the Resort shall compensate the Guest for the damage occurred to the vehicle only when the damage is caused through willfulness or gross negligence on the part of the Resort in regard to the management of the parking lot.

Liability of the Guest

The Resort shall have the right to claim to the Guest for compensation for any damage incurred arising from or in connection with willfulness or negligence on the part of the Guest.

Exclusive Jurisdiction by Consent and Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Chile without regards to its rules on the conflict of laws. Any disputes arising out of or in connection with these Terms and Conditions shall be exclusively submitted to the district court in Chile which exercises jurisdiction over the location of the head office of the Resort, and such disputes shall be resolved in accordance with the laws of Chile

Samadhi Eco Resort Usage Regulations

To ensure a safe and comfortable stay for the Guest as well as the Resort’s public nature, every Guest is required to follow this Samadhi Eco Resort Usage Regulations based on Article 10 of these Terms and Conditions. When the Guest is not in compliance therewith, the Resort shall have the right to cancel the relevant Accommodation Contract in accordance with Article 6 of these Terms and Conditions.

Do not use a guest cabin/tube for any purpose other than accommodation without the permission of the Resort.
Do not lease a guest cabin/tube to others without permission of the Resort.
Do not use a guest cabin/tube or restaurant as an office or sales office.
Do not use heating equipment, cooking equipment, press irons, or any other equipment that may cause fire (except for the equipment installed or provided by the Resort for the Guest’s usage) in the premises of the Resort.
To ensure fire prevention, do not smoke in bed, any other place where a fire could easily break out and any place other than those designated by the Resort.
Do not cause any nuisance, trouble or inconvenience to other Guest(s) with actions such as shouting, singing, or noisy acts in the Resort and/or a guest cabin/tube thereof.
Do not bring into the Resort the following objects:
1. Animals and birds;
2. Objects with an offensive odor;
3. Excessively large amount of objects;
4. Flammable or combustible materials and/or solvents, such as gunpowder and volatile oil;
5. Firearms, blades, drugs or other objects the possession of which is prohibited and not permitted by law; or
6. Other objects deemed by the Resort to be hazardous to the safety or comfort of other Guest(s).
Do not conduct gambling or other acts which may be offensive to public order and morals in the premises of the Resort.
Do not invite any visitor who is not the Guest of the Resort into a guest cabin/tube.
Do not use the facilities or objects in the premises of the Resort for any purpose other than those they are originally intended to.
Do not take the objects in the premises of the Resort outside the Resort or relocate them to another location inside the premises of the Resort.
Do not attach any object to the structures of the Resort or the facilities in the premises of the Resort and do not relocate them to a different location.
Do not hang any object or article on or by the windows given rise to defacement of the exterior appearance of the Resort.
Do not distribute advertising materials or sell goods to other Guest(s) or conduct soliciting activities such as collecting donations or signatures from Guest(s) in the Resort.
Contact the front desk of the Resort in advance to change the number of days of stay for accommodation.
In the case of an extension of stay, the Guest shall pay the Accommodation Charges for such extended period at the time of application therefore.
The Breakfast offered by the Resort shall be consumed at the areas designated by the Resort.
Make sure to bring out valuables and expensive objects and do not leave them in the guest cabin/tube when leaving.
No discounts or refund of the Accommodation Charges is provided, whether the Guest consumes breakfast offered by the Resort or not.
Use of the facilities of the Resort by the following groups or individuals is prohibited.
1. A designated criminal gangsters organization or a federation of such gangsters organizations as defined by the “Act on Prevention of Unjust Acts by Organized Crime Group Members,” a member or the related person of such organization or federation, or any other antisocial force (hereinafter collectively referred to as “Antisocial Forces”).
2. Any related person of the corporation or other group whose business activities are under control of Antisocial Forces.
3. Any group or individual deemed to have committed such activities as act of violence, injury, threats, blackmailing, intimidating unjust request, or any similar act thereto.
4. Any individual who is not able to secure his/her own safety due to lack of control, as a result of mental instability, drugs and other factors, or any individual who is likely to cause danger, fear or anxiety to other Guest(s).
5. Any individual who has received a warning from the Resort against his/her violation of the Samadhi Eco Resort Usage Regulations but failed to immediately cease such violation.

Attached Table No. 1
Cancellation Charge

Accommodation Booked

Accommodation booked	No Show	On the day	1 day prior	2 days prior	7 days prior	14 days prior
Cabins	100%	100%	80%	80%	50%	–
Tube rooms	100%	100%	80%	50%	30%	–

The percentages shown in the table signifies the rate of Contract Cancellation Fee to the Accommodation Charges determined at the time of conclusion of Accommodation Contract.
The amount of the Contract Cancellation Fee is calculated by multiplying the total amount of the Accommodation Charges for each contract-canceled cabin/tube by the aforementioned rate in the table which is determined based on the date/time at which the cancellation was made.

For (General) Individual Guest On Accommodation Day before 3 p.m. 0% at and after 3 p.m. 100%

Handling of personal information

Privacy policy

Samadhi Eco Resort takes great care to protect their privacy. Samadhi Eco Resort’s concept of privacy is as follows.

Scope of privacy policy

The privacy philosophy applies when you are using a Samadhi Eco Resort service (such as online booking). In addition, the personal information collected when you use the services of Samadhi Eco Resort are managed in accordance with the concept of privacy. The personal information that Samadhi Eco Resort business partners share with Samadhi Eco Resort are also managed according to the concept of privacy. Samadhi Eco Resort’s privacy philosophy does not apply to people or companies that Samadhi Eco Resort does not directly control.

Collection and use of information

Samadhi Eco Resort asks and automatically obtains personal information when you register as a member. The personal information that Samadhi Eco Resort asks for is limited to the information necessary to use the services of Samadhi Eco Resort (such as Internet reservation). When you sign up for Samadhi Eco Resort, Samadhi Eco Resort asks you for your name, email address, gender, zip code, and address. When you sign up for a Samadhi Eco Resort and log in to Samadhi Eco Resort Services, you are no longer an unknown person to Samadhi Eco Resort, and you can see how you use the service. “Samadhi Eco Resort automatically receives information from your browser, such as your IP address, cookie information, pages you browsed, and your usage environment, and records them on a server.” And use them for the following five purposes.
1. To customize the content you see on the Samadhi Eco Resort page
2. To enhance the content of products and services
3. To accurately inform customers of special services and new products.
4. To contact customers as necessary
5. To conduct surveys on usage status and usage environment, and to provide various reports to internal departments