Terms & Conditions

1. Definitions

In these Terms and Conditions: "Cairnwell", "we", "us", "our" refers to the property rental service operating under the Cairnwell name, based at 25/9 Chaweng Beach Road, Bophut, Koh Samui, Surat Thani 84320, Thailand. "Service" means the website, online enquiry functions, rental consultation, property matching, caretaking, and associated services. "User" or "you" refers to any person accessing the website or engaging with our services. "Agreement" refers to these Terms and Conditions together with any specific service engagement letter or confirmation.

2. Acceptance of Terms

By using this website or engaging our services, you confirm that you are aged 18 or over and have the legal capacity to enter into a binding agreement. If you are acting on behalf of a company or organisation, you represent that you have the authority to bind that entity.

Your continued use of the website and services after any changes to these Terms constitutes acceptance of the revised version.

3. Service Description

Cairnwell provides property rental matching, lease facilitation, island rental consultation, and property caretaking services on Koh Samui, Thailand. Our services are directed at prospective tenants and property owners. Geographic restrictions may apply to specific offerings.

We act as a facilitating intermediary in rental transactions. We are not a party to any lease between a tenant and a landlord unless explicitly stated in writing.

4. User Responsibilities

Users of this website and our services agree to:

• Provide accurate and complete information when submitting enquiries or entering into service arrangements
• Not use the website for unlawful purposes or in ways that could damage, overload, or impair its function
• Not reproduce, redistribute, or commercially exploit content from this website without our written permission
• Treat our team members with respect in all communications

We reserve the right to refuse service or terminate engagement where these responsibilities are not met.

5. Intellectual Property

All content on this website — including text, images, layout, and branding — is the property of Cairnwell or its licensors and is protected under applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable right to view and use the website for personal, non-commercial purposes only.

6. Service Fees

Cairnwell's fees for rental facilitation and caretaking services are disclosed to clients prior to engagement. Fees are denominated in Thai Baht (THB) unless otherwise agreed. Payment terms are specified in individual service agreements.

We do not charge users for submitting online enquiries. Consultation services may be subject to a fee, communicated in advance.

Refund eligibility for paid services depends on the specific service arrangement and is outlined in the relevant service agreement. Enquiry and matchmaking fees are generally non-refundable once a shortlist has been compiled and delivered.

7. Property Listings and Information

Property information presented by Cairnwell is provided in good faith based on details supplied by property owners and our own inspections. While we take reasonable care to verify information, we cannot guarantee the absolute accuracy of all property details. Availability is subject to change without notice.

We do not guarantee that any specific property will be available or that a tenancy arrangement will be successfully concluded in any given timeframe.

8. Disclaimers

Our website and services are provided on an "as available" basis. We do not warrant that the website will be uninterrupted, error-free, or free from viruses or other harmful components. Cairnwell acts as an agent, not a principal, in rental transactions.

Nothing in these Terms constitutes legal, financial, or investment advice. Users should take independent professional advice on matters of significance.

9. Limitation of Liability

To the extent permitted by Thai law, Cairnwell's liability to you in connection with any service or transaction is limited to the fees paid to us directly for that specific service. We are not liable for indirect, consequential, or incidental losses including loss of rental income, loss of business, or costs arising from third-party failures.

We are not liable for the actions, defaults, or obligations of landlords, tenants, contractors, or other third parties engaged in the course of a tenancy.

10. Indemnification

You agree to indemnify and hold harmless Cairnwell, its staff, and representatives from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our services, or infringement of any third-party rights.

11. Termination

Either party may terminate an ongoing service engagement by giving written notice. Termination does not affect obligations already accrued. On termination, you must cease using any proprietary materials or documentation provided by Cairnwell as part of the service.

12. Dispute Resolution

These Terms are governed by the laws of the Kingdom of Thailand. In the event of a dispute, we request that you contact us first at legal@cairnwelesae to attempt informal resolution. If resolution is not achieved within 30 days, disputes may be referred to the competent Thai courts in Surat Thani Province.

13. General Provisions

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any right does not constitute a waiver of that right. These Terms constitute the entire agreement between you and Cairnwell in relation to website use, superseding prior communications on the same subject.

14. Contact

For queries relating to these Terms, contact us at:
Cairnwell, 25/9 Chaweng Beach Road, Bophut, Koh Samui, Surat Thani 84320, Thailand
Email: legal@cairnwelesae