These Booking Terms and Conditions (“T&C”) constitute the contract (the “Contract”)between Ecoluxury lifestyle enterprise trading as La Concha (the “Agent”) and the named person (hereinafter known as “the Group Leader”) named on the Booking Form
The Group hereby acknowledges that the Group Leader has been appointed to execute these Terms and Conditions on behalf of each and every member of the Group.
It is agreed by the parties that these terms and conditions herein applies to and binds the member or members [hereinafter known as “the Group”] irrespective if such member or members are paying or non-paying member of the Group.
Any members whose names subsequently added to the Group shall be subject to the terms and conditions contained herein and thereafter shall be treated as the Group for the purposes of this contract.
The Group Leader shall mean the individual who has been appointed to act on behalf of all the Group and shall include any other person who has been subsequently so appointed in place of the original during Group Leader.
The newly appointed Group Leader shall act on behalf of all members of the Group. The Group Leader is responsible on behalf of all other members of the group for all matters relating to the Booking.
Confirmation of Booking
The Contract is made and the Booking is confirmed when:-
a) Payment has been by the Agent from the Group Leader and/or other members of the Group, and
b) an email has been sent by the Agent to the Group Leader to confirm that funds have cleared into the Agent’s bank account [the Agent s bank account details having been previously notified to the Group Leader].
Mode of payment are more prescribed in Clause 2.0.
Once a Booking is made either by way of online booking or via telephone the Agent shall cause these terms and conditions to be emailed to the Group Leader.
It is then will be the Group Leader’s responsibility to read and understand these Terms and Conditions and to circulate these to other members of the Group in order for the Group are properly appraised and have knowledge of the same.
The parties have agreed that the once with these Terms and Conditions are communicated to the Group Leader, the Agent shall deem that these terms and conditions has been communicated to the Group whether or not the Group Leader has in fact communicated the
same to the Group.
1. Booking
1.1 The Group Leader must be above the age of 18 and above at the time a Booking is placed;
1.2 The Group Leader should complete the Booking form online or via telephone with the Agent to make a Booking.
1.3 Once the Booking has been received, the Agent shall issue a provisional Booking confirmation email with a copy and a link to the Terms and Conditions and a request for Payment;
1.4 If Payment has not been previously made either by way of Bank or Online Transfer, the Group Leader must make the required Payment within three (3) days of receiving the provisional Booking confirmation via email
1.5 In the event no payment received by the Agent within the time prescribed above the Booking may be cancelled by the Agent. 1.3.The Group Leader will be responsible for ensuring all personal information details of the member of Group named in the Booking are correct.
1.6 In the event prior to the stay the Group Leader withdraws as a member of the Group and wishes to cancel the Booking, the Agent must be notified either by email or telephone by the original Group Leader and shall provide with the contact details including email details for the new Group Leader prior to the start date of the Holiday.
1.7 The Agent then will email a new Booking confirmation to the new Group Leader with a link to the Terms and Conditions and by receiving the said email, the new Group Leader agrees to be bound by the Terms and Condition.
1.8 The Agent may impose an administrative charge fee of MYR100.00 to effect changes and/or amendments to the Booking.
1.9 The Booking of Accommodation i(unless otherwise stated for example but not limited to, catered Accommodation) includes the self-catered rental of the Accommodation for the booked dates, local tourist tax, Linen (consisting of one set of bed linen and towels per person, bath mats and tea-towels as appropriate), plus an end of stay clean but Check-out instructions need to be adhered to.
2.0 Payment
2.1 On making a Booking the Agent shall issue a Provisional Booking Confirmation and within seven (7) upon receipt of the said Provisional Booking Confirmation the Group Leader shall pay the Agent the sum equivalent to thirty percent (30%) of the Accommodation cost;
2.2 The Balance sum equivalent to seventy present (70%) of the Accommodation Cost shall be paid two (2) weeks prior to the start of the stay
2.3 In the event the Group Leader makes a Booking for a stay that begins two (2) weeks or less, then full Payment for the Accommodation must be paid within three (3) from the date of the booking.
2.4 If other services (“Services”) in addition to the Accommodation are booked and included along with the Booking of the Accommodation, then Payment for such Services will be made with the balance of the Accommodation Payment that is two (2) weeks prior to the start of the stay, unless the Booking is within two (2) weeks or less before the stay then full Payment is required within three (3) days of the Booking being made.
2.5 Full Payment must be received by the Agent in the Agent’s Bank Account in advance of the start of the stay;
2.6 Whenever a Payment be it the deposit Payment or Payment received in full, the Agent will send receipt of Payment via email to the Group Leader.
2.7 Where Payment is being received via the Group Leader and/or other members of the Group, the Booking is not completed until final Payment is received on the agreed date(s).
2.8 If any Payment is not received on the agreed date(s) the Agent shall have an automatic right to terminate the Booking and a cancellation charge of 50% of the total of the deposit made is chargeable.
2.9 All monies received up to the date where a Payment is missed, whether Final Payment or otherwise are refundable at the Agent’s sole discretion.
2.10 Where Payment is made in full at the time of Booking, the Booking is completed when the Agent sends the Group Leader receipt of Payment confirmation by email.
2.11 In the event that payment by the Group Leader is dishonored for whatever reason, the Group Leader will be contacted by the Agent to make Payment by other means within two (2) days or in the case where the stay starts within seven (7) or less the payment shall be made immediately upon being informed of the dishonoured payment.
2.12 Failure to make the payment as prescribed above shall result in an automatic cancellation of the Booking and a cancellation charge of 30% of the total of the deposit may apply.
2.13 Payments by the Group Leader and/or other members of the Group can be made by bank transfer. Any bank charges levied by the Group Leader’s and/or by a member of the Group and/or by the Agent’s bank, for sending or receiving bank transfers shall be borne by the Group Leader.
2.14 The Agent guarantees that the price of the stay is quoted in Malaysian Ringgit. However, if Payment is made in foreign currency, the Agent reserves the right to ask for Payment of additional sums in Malaysian Ringgit to cover any fluctuation in currency exchange.
2.15 Irrespective of any charges and/or changes in currency rates referred above the Agent must always receive the full amount as quoted for the stay;
2.16 The Agent reserves the right to increase or decrease the price of unsold Holidays at any time.
3. Damage Deposit
3.1 The Group Leader is required to pay a deposit (“Damage Deposit”) before the start of the Stay. The amount of the Damage Deposit will be specific to the Accommodation booked and stated at the time of Booking and on the provisional Booking confirmation email. The Damage Deposit may be paid via an authorisation from a credit or debit card (Visa or MasterCard), or cash.
3.2 If the Damage Deposit is authorised using a credit or debit card (Visa or MasterCard), it will automatically be released from the card within twenty-eight (28) days of the end of the Holiday unless specifically requested by the Group Leader to be released sooner.
3.3 If the Damage Deposit is paid and held by cash then the Damage Deposit will be refunded, free of interest, within twenty-eight (28) days from the end of the Stay unless specifically requested by the Group Leader to be released sooner.
3.4 The release of the Damage Deposit by whatever means is subject to the conditions in the remainder of Clause 3.
3.5 The Agent does accept Damage Deposits by bank transfer or Cash. The Agent will only return the amount received in MYR and will not be responsible for any bank charges or fluctuation in currency exchange incurred to return the Damage Deposit or lost by the Group Leader or any other member of the Group as a result of using this method of Payment.
3.6 The Agent has the right to automatically withhold any or all of the Damage Deposit at any point during the stay or after the stay, if the Agent has been notified and being aware or made aware of any loss or damage wheresoever or howsoever caused.
3.7 Any loss or damage wheresoever or howsoever caused or arising by the Group Leader, or members of the Group, to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts must be paid in full including a charge for the Agent’s time to rectify any issues which will be charged at MYR 150.00 per hour (inclusive of SST), with a minimum charge of MYR 150.00. Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by MYR any remaining balance will then be returned to the Group Leader within twenty-eight (28) days of the departure date from the Accommodation.
3.8 The Agent’s Linen is NOT to be used for the hot tub, swimming pools or outside of the Accommodation. Any soiled, damaged or missing Linen will be charged to the Group Leaders and costs deducted from the Damage Deposit to cover the replacement of such Linen and the Agent’s time to rectify any issues which will be charged at MYR 150 per hour (inclusive of SST), with a minimum charge of MYR 150.
3.9 Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by cash any remaining balance, then returned to the Group Leader within twenty-eight (28) days of the departure date from the Accommodation.
3.10 Any missing items or damage caused to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts resulting in an excess over and above the Damage Deposit held will be payable by the Group Leader on behalf of the Group irrespective of which member of the Group was responsible.
3.11 This amount is to be paid to the Agent by the Payment details supplied within fourteen (14) days from notification of the costs.
3.12 It is the responsibility of the Group Leader to ensure that on check-out, all keys, building access fobs, parking fobs and/or parking cards are left at the Accommodation as instructed. Should any member of the Group found taken any of these items, the said member will be requested to send them back to the Agent by registered post to the address supplied. Failure to do so may result in a charge from the Damage Deposit being taken for the replacement of these items plus a minimum charge of MYR 150 (inclusive of SST) for the Agent’s time to manage these.
3.13 In the event the missing items should this hinder the next guests stay in any way the Agent will need to replace these items and deduct the cost of the same from the Damage Deposit.
3.14 It is the responsibility of the Group Leader to notify the Agent of any damages or lost items before the end of the Stay. The Accommodation will be checked by the Agent after the Group’s departure, and any damages or missing items will be charged from the Damage Deposit in accordance to the provisions of Clause 3 above;
3.15 In the event The Agent has to initiate legal proceedings recover any money from the Group Leader or a member of the Group, the legal cost shall be borne by the Group Leader or the member of group, as the case may be, over and above the Damage Deposit.
3.16 It is the responsibility of the Group Leader to notify the Agent within 24 hours of arrival of any damage found in the Accommodation. Any damage not notified to the Agent will be assumed to be caused by the Group and charged accordingly in accordingly.
3.17 It is the responsibility of the Group Leader to ensure that the Accommodation is left clean and tidy on departure as per the Check-out Instructions supplied to the Group Leader via email with the arrival information and also contained in the information file in the Accommodation.
3.18 If the property requires any additional cleaning whatsoever over and above the usual check-out clean it will be charged at an additional MYR 150 per hour (inclusive of SST) with a minimum charge of MYR 150 and will automatically be deducted from the Damage Deposit. If the Damage Deposit was paid by cash any remaining balance will then be returned to the Group Leader within 28 days of departure from the Accommodation.
4. Noise and Nuisance
4.1 Loud music and parties are not permitted in the Accommodation. In particular if the Group is making noise after 10.00pm the neighboring residents may have the right to telephone the local police to contain and/or to eliminate the loud noise;
4.2 The Agent has the right to terminate the Stay, without notice and/or liability, of any member of the Group whose behaviour is such that it is likely to disrupt the enjoyment of others and/or cause damage to the Accommodation, building, common parts and/or vicinity of the building.
4.3 The Agent has the right to terminate without notice and/or liability the Holiday of any member of the Group whose behaviour they receive complaints about, from any third party in respect of their behaviour in the Accommodation, common parts, and/or vicinity of the building.
4.4 The Group Leader will be charged at MYR150 per hour (inclusive of SST), with a minimum charge of MYR 150 for the length of time it takes the Agent to deal with such matters along with any such charges for missing items and/or damages found at the Accommodation (including fixtures and fittings within the
Accommodation), common parts and/or those of a third party.
4.5 Such charges will automatically be deducted from the Damage Deposit held and if the Damage Deposit was paid by cash any remaining balance then returned to the Group Leader within twenty eight (28) days of departure from the Accommodation.
4.6 If as a result of Clause 4.4, there are missing items and/or any damage is caused to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts, which resulting in an excess over and above the Damage Deposit held, such additional sum, will be payable by the Group Leader on behalf of the Group irrespective of who the person was responsible.
4.7 This is to be paid to the Agent by the Payment details supplied by the Agent to the Group Leader within fourteen (14) days of notification of the costs, and in the event of matters stated at Clause 4.4 such Payment shall be made prior to the Groups departure.
4.8 The Group Leader shall indemnify, defend, and hold harmless the Agent against any liability, damage, loss, or expense (including reasonable attorney’s fees and expenses of litigation) incurred by or imposed upon any of the Agent in connection with any third party claims, suits, actions, demands or judgements arising our of breach of this Clause.
5. Access to the Accommodation and other Services
5.1 The Agent shall endeavor to make arrangements to meet the Group Leader at the Accommodation on arrival. Normal check-in time is from 2pm to 9pm, and checkout is by 11am.
5.2 Alternative arrival and departure times must be agreed with the Agent and booked in advance, and may be subject to a fee of MYR 200 so that an express changeover can be booked to prepare the Accommodation for the Group Leader’s arrival or that of the subsequent guest. The fee for alternative arrival and departure must be paid on arrival at the Accommodation.
5.3 Any arrival after 9pm may be subject to a MYR200.00 and late check-in fee or MYR 200 late check-in fee if arriving after midnight which must be paid on arrival at the Accommodation.
5.4 Should the Accommodation not be vacated at the agreed time (referring to Clause 5.1 and 5.2) an additional charge may be made to the Group Leader of MYR 150 per hour (inclusive of SST) with a minimum charge of MYR 150.
5.5 The number of persons allowed to stay in the Accommodation is limited to the numbers as stated and advertised on the Agent’s website at the time the Booking is made, irrespective of the number of beds available at the Accommodation. This excludes infants in cots but only in so far as notified on the Booking form.
5.6 In relation to Clause 5.5 any additional person(s) found to be staying at the Accommodation will be asked to leave the Accommodation immediately. Failure to do so will result in them being evicted.
5.7 The Agent bears no responsibility and/or liability for additional person(s) at the Accommodation. In such an event the Group Leader will be responsible for any charges, costs and/or damage for the period of time any such person(s) has(ve) already stayed at the Accommodation.
5.8 Such charges will be on a pro-rata cost of the charges for the Accommodation.Payment in respect of charges, costs and/or damages will be payable immediately by the Group leader to the Agent and in any event prior to the Group’s departure. Failure to pay will result in such charges being deducted from the Damage Deposit.
5.9 The Agent reserves the right to access the Accommodation during the course of the Group’s Stay as and when required, the right of access can be exercised in the event of, but not limited to, event of an emergency, medical or otherwise, to investigate noise or other such complaints, maintenance issues and at other times by the Agent upon reasonable notice and at a reasonable time. The Agent will endeavor to contact the Group Leader to notify them of such access but reserves the right in any case to access the Accommodation.
6. Photography and video footage
6.1 Any photography or video footage taken at the Accommodation may not be sold or used for commercial purposes without the prior written approval from the Owner obtained via the Agent.
7. Accuracy of information
7.1 All photography, descriptions and information on the website at the time of making the Booking are the most current details that is available to the Agent. The Agent does not accept responsibility for any errors therein. The Agent reserves the right o make appropriate changes to the said photography, descriptions and information of the Accommodation as and when deemed appropriate 7.2 The Agent further reserves the right to make changes to the layout, facilities and furniture available at the Accommodation if required to do so by the Owner and/or as they see fit.
8. Disruption to the enjoyment of the Accommodation
8.1 The Agent will use its best endeavour to ensure that all electrical equipment and/or services including, but not limited to, Wi-Fi and satellite TV if applicable, are in good working order and remedy any faults to the best of their ability during the Stay.
8.2 However, no request for changes in Accommodation will be considered due to failure of electrical equipment and/or services howsoever caused. Compensation in respect of such matters shall be at the Agent’s sole discretion and in any event will be limited to a maximum of MYR150.00.
8.3 The Agent will not be liable and/or responsible for any failure to hot tubs and/or swimming pools at the Accommodation which results in them not being available for use during the course of the Stay.
8.4 The Agent will not consider any requests for changes in Accommodation which is as a result of the hot tub and/or swimming pool not being available for use during the course of the Stay. Compensation in respect of matters stated in relation to this Clause 8.2 shall be limited to MYR 150 per day (inclusive of SST) for the period of such non-availability, provided that such non-availability is not as a result of any action and/or fault on the part of any member of the Group.
8.5 The Agent is not responsible for any disruptions to the Group’s stay and/or enjoyment at the Accommodation which are caused by a third party arising but not limited to, building works and/or nuisance.
9. Refunds and Cancellations by the Group Leader
9.1 Any Cancellations must be notified to the Agent by the Group Leader as soon as possible either by email or telephone. Refunds will be at the Agent’s discretion. The Agent will endeavour to find a replacement Stay, in which case any Payment made by the Group may be returned to the Group Leader in full. (Unless the price of the oliday had to be reduced in order to resell it – and in which case the amount to be refunded to the Group Leader will be minus the difference/reduction.)
9.2 Any refund or cancellation will always be subject to a MYR 150 administration fee (inclusive of SST). Once a refund Payment has been made to the Group Leader in respect of the same the Agent shall not be liable to any other members of the Group in respect of such refund, and the Group Leader is responsible for any reimbursement to the members of the Group.
9.3 As the Agent cannot guarantee any refund for cancellations by the Group Leader, the Agent recommends that the Group Leader ensures that each member of the Group has adequate insurance in place, should the Group need to cancel their Stay
10. Refunds and Cancellations by the Agent
10.1 In the event of any event that is beyond the Agent’s control that necessitate to make alterations to a confirmed Booking or to cancel the Booking completely, the Agent will contact the Group Leader as soon as possible. In this instance the Agent will fully refund of any monies paid for the Accommodation and any Services will be made by the Agent to the Group Leader. No other compensation will be offered.
11. Personal Belongings and Security
11.2 It is the Group Leader’s responsibility to ensure the Accommodation is securely locked including all windows, Velux windows and doors at all times during and at the end of the Stay. Malaysian insurance does not cover theft from the Accommodation unless there has been forced entry.
11.3 Should a theft occur due to the Accommodation not being secured, the Group Leader will be responsible for replacement of goods / items stolen from the Owner’s Accommodation and cost to cover any damages. These monies will have to be paid even if they exceed the Damage Deposit held. The Group Leader will be responsible for Payment of the additional sums stated and shall be made to the Agent by the Group Leader within 14 days of notification of costs.
11.4 Any theft or break-in at the Accommodation must be reported immediately or as soon as is practically possible to the Malaysian Police (PDRM) and in any case prior to the Group’s departure from the Accommodation. If any assistance is required with this the Group Leader must contact the Agent.
11.5 In addition, it is very important that the Group takes care to ensure that windows and doors are closed securely to avoid any damage to the Accommodation due to weather conditions that may cause for example, but not limited to, water damage, frozen/burst water pipes. If damage occurs during the Holiday due to, but not limited to, windows being left open, then these will be charged to the Group Leader. The Group Leader will be notified of the costs and charges and Payment of the sums stated shall be made to the Agent by the Group Leader within 14 days of notification of the costs.
12. Insurance
12.1 It is up to the Group Leader to ensure that each member of the Group is responsible for the safety of themselves and of all their own personal possessions, documents and equipment. No responsibility and/or liability is or will be accepted in respect of the same by the Agent. The Agent is not responsible at any time whatsoever or under any circumstances for the Group’s personal possessions, documents and/or equipment. Any assistance that the Agent may offer is entirely on a good will basis and at the Group Leader’s own risk.
12.2 It shall the responsibility of each member of the Group and the Group Leader to ensure that each member of the Group has all their own necessary medical and travel insurance documents to cover themselves fully before embarking on the Stay and to ensure that any documents or medication required during the Stay is brought with each member of the Group.
12.3 No responsibility and/or liability whatsoever or howsoever arising shall be accepted by the Agent in respect of any such failure by a member of the Group to take out such appropriate insurance as required by each member of the Group.
13. Force Majeure
13.1 The Agent does not accept any liability wheresoever or howsoever arising or pay compensation in, but not limited to the following event:-
a) any event which the Agent could not foresee or avoid. Such events include war, threat of war, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events out of the Agents control;
b) any cancellation, loss, delay or costs wheresoever or howsoever arising or connected with adverse weather or traffic conditions, avalanche, mud slips, slides and snow conditions and the effect any of these may have on travel arrangements, Accommodation and activities or travel arrangements made by the Group or on behalf of the Group.
c) The Agent does not accept any liability for personal injury or death wheresoever or howsoever arising caused to any visitor and/or any member of the Group for their duration of stay in the Accommodation. This is not intended to exclude any statutory rights the Group and/or visitor may have.
14. No smoking
14.1 For safety & insurance purposes the Agent has a no-smoking policy in the Accommodation and the Group Leader shall notify each and every member of the
Group of the same.
14.2 No responsibility and/or liability whatsoever or howsoever arising shall be accepted by the Agent in respect of any such failure by a member of the Group to comply with this policy.
14.3 Should there be any evidence of smoking and/or any smell of smoke stale or otherwise in the Accommodation once the Group has checked out the Group Leader will be charged for all necessary steps to rid the Accommodation of the smell of smoke including a charge for the Agent’s time to rectify any issues which will be charged at MYR 150 per hour (inclusive of SST), with a minimum charge of MYR 150. Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by cash any remaining balance will then be returned to the Group Leader within twenty-eight (28) days of the departure date from the Accommodation.
15. Pets
15.1 Pets are not allowed at the Accommodation unless permission has been granted in writing by the Agent prior to arrival at the Accommodation and in that case an additional charge of MYR 150 (inclusive of SST) will be made.
15.2 The Agent reserves the right to cancel the Booking immediately and without any liability or refund to the Group Leader, or any member of the Group, in respect of the same, unless permission has been granted.
15.3 In this circumstance the Agent will not be responsible for assisting the Group Leader in finding alternative Accommodation.
16. Children
16.1 The Group Leader and parents travelling in the Group must take responsibility for the well-being, safety and conduct of any minors as identified and stated by the Group Leader on the Booking form as travelling as part of the Group and staying in the Accommodation for the duration of the Stay. For the purpose of this a minor is any person under the age of 18.
17. Complaints and problems
17.1 The Group Leader should contact the Agent during the Stay, with any issues arising during the Stay as required by these Agreement and the Agent will always endeavour to help resolve any problems the Group Leader may have during the Stay.
17.2 In the unlikely event of any problems not being resolved during the Stay that the Group Leader wishes to make a complaint in respect of the same then such complaint must be made by the Group Leader to the Agent either by email to info.privateescape@gmail.com or by telephoning +60 1161701006 within 7 days of departure from the Accommodation.
17.3 The Agent is only obliged to consider a complaint when this procedure has been followed.
18. Liability
18.1 The Agent’s entire liability for any matter in relation to these T&C shall at all times be limited as a maximum to the price of the Accommodation and any Services booked as stated in the Booking confirmation.
19. General
19.1 For the avoidance of doubt in the event of any conflict the provisions of these Terms and Conditions shall prevail.
19.2 A person who is not a party to this Contract has no right under the Contracts Act 1950 to enforce any term of this Contract provided always this does not affect any right or remedy of a third party which exists or is available apart from the Act.
19.3 In the event that any T&C of this Contract shall be deemed by a Court of competent jurisdiction to be invalid or void, then the remaining T&C shall remain in full force and effect and any substituted T&C shall take effect as if an original term of this Contract.
19.4 Once a Booking is confirmed with the Group Leader under this Contract it binds both the Group Leader and each and every member of the Group jointly and
severally.
19.5 These T&C and any proceedings thereunder is governed by the laws of Malaysia and subject to the exclusive Jurisdiction of the Courts of Malaysia.
20.Pool and Gym Use
20.1 The pool and gym facilities are provided for the enjoyment of guests but are used entirely at the Group’s own risk.
20.2 The Group Leader and the members of the group hereby acknowledge and accept that there will no life-guard or a gym instructor made available at the
Accommodation;
20.3 Arising from the above, The Agent shall accept no responsibility for any death, injury, illness resulting from the use of the swimming pool or other related facilities made available at the Accommodation.
20.4 Pool hours: 8:00am10:00pm. Use outside these hours is prohibited.
20.5 As mentioned above there will no lifeguard or gym instructor on duty and children below 12 are not permitted in the pool or the gym without adult supervision
20.6 No diving, running, horseplay, or glass containers in the pool area.
20.7 The gym is for guests aged 16 and above. Proper attire is required.
20.8 Any misuse resulting in extra cleaning, contamination, damage, or equipment repair will be charged against the Security Deposit, with a minimum fee of MYR 500.
20.9 Guests must comply with safety notices posted in the pool and gym areas.
21. Visitor Policy
21.1 Non registered guests or visitors are allowed without prior consent in writing from the Agent. Any violation of this term may result and immediate eviction from the Accomnodation without refund;
21.2 The Agent shall not be resposible for any harm, injury, damage, loss or death to the non registered guests or visitors howsoever occured or occasioned
21.3 The Group Leader shall indemnify, defend, and hold harmless the Agent and/or the proprietor of the Accommodation against any liability, damage, loss, or expense (including reasonable attorneys fees and expenses of litigation) incurred by or imposed upon any of the Agent and/or proprietor of the Accommodation in connection with any claims, suits, actions, demands or judgments by the said Non registered guests or visitors
22. Alcohol & Substance Use
22.1 Guests are fully responsible for their actions while under the influence of alcohol or any substances. The Agent accepts no liability for injuries, damages, or disturbances related to intoxication.
22.2 The use and storage of any illegal substance or drugs prohibited under the Malaysian laws are strictly prohibited at the Accommodation
23. CCTV and Security Monitoring
23.1 For security reasons CCTV are installed and operated in public areas at the Accommodation and not inside or at private spaces. CCTV footages are strictly used for safety and security purposes only
24. Environmental Responsibility
24.1 Guests are encouraged to conserve energy and water during their stay. Kindly turn off lights, air- conditioning, and appliances when not in use.
25. Pest Control Disclaimer
25.1 As the Accommodation is in a tropical climate, the Agent will take regular pest control measures. Occasional encounters with insects, lizards or other wildlife are possible. Such an event shall not constitute a breach of these terms that entitle the Group Leader to terminate this contract and demand for refund
26.Indemnity Clause
26.1 The Group Leader agrees to indemnify and hold harmless the Agent and property owners from any claims, damages, liabilities, or expenses arising from the Group’s use of the property, except in cases of gross negligence.
27. Parking Policy
27.1. Private parking is available for guests Vehicles are parked at the owner’s risk. The Agent is not responsible for theft, damage, or loss involving guest vehicles.
28. Health Emergencies & COVID-19
28.1. The Agent shall not be responsible for health related issues including but not limited to COVID-19 that may arise before or during the stay. In the event there is any government imposed travel restrictions or health emergencies that prevents the Stay,Booking dates may be postponed without penalty, subject to availability, however any refund remain at the sole discretion of the Agent
29. Payment Gateway Fees
29.1 Payments made via credit card or online payment gateway are subject to processing fees between 3% and 6%, to be borne by the guest. These fees are non_refundable, including in cases of cancellation.
30. Lost and Found Items
30.1 Any items left behind after check-out will be kept for fourteen (14) days. Any request for shipping these items will be the guest’s own expense including courier and handling fees. However the Agent is not responsible for any lost item after check-out
31. Events & Parties Approval Required
31.1 All events, parties, or functions must be pre-approved in writing by the Agent. Unapproved events will result in immediate éviction without refund and forfeiture of the security deposit.
31.2 Additional fee may apply for event booking, starting from MYR500.00 depending on the size and nature of the event.
32. Event Security Deposit
32.1 For approved events, an additional Event Security Deposit of MYR 3,000 to MYR 10,000 (depending on the event size) is required. This deposit covers potential damages, additional cleaning, overtime use, noise complaints, or third -party claims.
33. Third-Party Vendors
33.1 All third-party service providers (caterers, DJs, event planners, etc.) must be preapproved by the Agent. The Agent is not responsible for services rendered by third parties All liabilities rest with the event organizer.
34. Event Noise Restrictions
34.1. For events, music and amplified sound are allowed only until 12:00am (midnight),unless otherwise agreed in writing. Non_compliance may result in fines, deduction from the security deposit, or termination of the event.
35.0 Event Insurance
35.1. For large events, guests are encouraged to purchase event liability insurance to cover potential property damage, accidents, or third-party claims.
36. Event Occupancy Limits
36.1. The maximum number of attendees for events (including non_staying guests) must be pre-approved in writing. Exceeding the agreed capacity will result as Immediate eviction, Forfeiture of the full security and event deposit. Possible legal action for damages or penalties.
37. Event Clean- Up
37.1. Guests are responsible for ensuring the property is returned to its pre_event condition by the agreed checkout time. Failure to do so will result in cleaning fees of MYR500 minimum, deducted from the deposit.
38. Vendor Liability
38.1. All third-party vendors (catering, AV, lighting, entertainment) must provide proof of their own liability insurance and agree to indemnify the Agent for any damages or injuries resulting from their services.
39 Alcohol Responsibility
a) Alcohol may only be served at private events and must comply with Malaysian laws. Guests are fully responsible for any incidents resulting from alcohol consumption, including accidents, property damage, or injuries.
40 Prohibited Event Activities
a) The use of fireworks, pyrotechnics, confetti cannons, smoke machines, or any hazard ous materials is strictly prohibited without prior written approval from the Agent and appropriate licenses.
41 Pool Use During Events
a) The pool remains swim-at-own-risk during events. Lifeguards are not provided. Alcohol and pool use combined are discouraged due to safety risks. The Agent holds no liability for accidents.
42 Event Parking
42.1. The Group Leader is responsible for ensuring guests park in designated areas only. No valet services or street parking allowed unless approved. Traffic Congestion must be avoided to respect the neighbours.
43. Community Respect
43.1. The property is in a residential area. The Group agrees to ensure guests behave respectfully towards neighbours. Repeated complaints may result in event shutdown without refund.
44 Legal Compliance
44.1. All events must comply with Malaysian laws, including local licensing for music, alcohol, or gatherings. Guests are responsible for obtaining necessary permits if required.
45 Drone Use
a) Use of drones is strictly prohibited without prior written approval and compliance with Malaysian aviation regulations (CAAM) Guests are responsible for any legal or privacy violations caused by drone use.
46 Event Force Majeure
a) If an event cannot proceed due to circumstances beyond control (e.g. extreme weather, government restrictions), the Agent is not liable for damages but will offer event date postponement subject to availability.
47 Media & Marketing
47.1. Use With consent, the Agent may use professional photos or videos of the property during events for marketing purposes. Personal privacy will be respected.
48. Staff Access During Events
a) The Agent reserves the right to have staff or security present during events to ensures afety, Compliance with the Terms and Conditions and property integrity.
49 Fire Safety & Emergency Evacuation
49.1. Guests are responsible for familiarising themselves with the villa’s emergency exits and safety instructions provided onsite. The Agent is not liable for injuries arising from failure to comply with fire safety measures.
50. Structural Limitations
a) No heavy equipment, stages, or installations may be set up without prior written approval from the Agent to avoid damage to floors, Walls, or landscaping. Any damage caused will be charged to the Event Security Deposit.
51 Plumbing & Septic Use
51.1. The property operates on a private septic system. Guests must not dispose of nonbiodegradable materials (e.g., Wipes, sanitary products) in toilets. Septic blockage due to misuse will result in a minimum MYR 1,000 charge.
52. Power Supply and AV Equipment
52.1. Large-scale events with sound systems, lighting rigs, or AV setups must arrange for external generators if power consumption exceeds normal villa use. The Agent is not liable for outages due to circuit overload and minimum MYR 1,000 charges may apply for repairs if damaged.
53. Pre-Event Inspection
a) For all approved events, the Group Leader must attend a preevent walkthrough with the Agent to verify property condition. Post event inspections will compare the property’s condition for deposit assessments.
54 Dispute Resolution
a) In the event of unresolved disputes, parties agree first to mediation in Malaysia before proceeding to legal action. Any legal claims will be settled under Malaysian law and Courts in Malaysia having jurisdiction thereto
PRIVACY POLICY
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Changes To This Privacy Policy
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