|
Guest Terms of Use:
|
|
Welcome to myhotel2u.com Hotel Room Portal where you can enjoy discounted room rates not available elsewhere.
Click on image to view room rates and description. Follow simple instructions to make room bookings.
|
|
1) USER’S TERMS AND CONDITIONS
This User Agreement ("Agreement") is made between
Istanria Sdn. Bhd. ("Service Provider") which owns and operates the internet site
with the URL: http://www.myhotel2u.com ("the Web Site") and you who access and/or
visit or cause to access and/or visit the Web Site ("you/your"). Your usage, access,
visits, or shopping at the Web is on express condition that you accept without variation
the terms and conditions set out herein. We may amend the information contained
in these webpages from time to time without notice to you. You need to review these
web pages each time you use this Site. Your usage, access, visits, or shopping at
this Site constitutes your agreement to all the terms and conditions in force for
the time being as set out herein. If you do not agree to any part of the following
terms or conditions, you must not use this Site.
1. YOUR OBLIGATIONS
You agree to:
1. keep your Username and Password secure and protected from unauthorized access
or use.
2. immediately notify the Service Provider if you become aware of, or suspect,
any unauthorized access to your Username and Password, or any other breach of security.
The Service Provider will not be liable for any loss that you may incur as a result
of any unauthorized usage of your Username or Password or account, either with or
without your knowledge;
3. maintain and promptly update your Account to keep it
true, accurate, current and complete;
4. to bear full financial responsibility for
all uses of these Sites by you and those using your login and credit card information,
including but not limited to minors living with you and to supervise all usage by
such minors of this Site;
5. to use the information available on or from these Sites
for non-commercial use and information purposes only. Any unauthorized commercial
use of the information or services provided through this Site is expressly prohibited;
6. not to use this Site in a way which interferes with its availability for other
users;
7. not to use the account of any other Service Provider's member, without
the express permission of the account holder;
8. not to use this Site to make any
speculative, false or fraudulent booking/reservation or any booking/reservation
in anticipation of demand.
2. REPRESENTATIONS WARRANTIES
You fully represent and
warrant that:
1. you are of sufficient legal age to use this Site in accordance
with all terms and conditions herein and to create binding legal obligations for
any liability you may incur as a result of the use of these Sites;
2. all information
supplied by you in using these Sites are complete, true and accurate;
3. you shall
not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise violate any law.
3. SOFTWARE AND COPYRIGHT
This Site and
all content on this Site ("the Content") are the property of Service Provider and/or
it's travel product suppliers or independent supplier(s) ("Suppliers") or the party
credited as the provider of such Content. Service Provider retains all rights (including,
but not limited to trademark rights, copyright and patent rights) with respect to
all software and underlying information or material available through this Site.
The Content is intended solely for your personal, non-commercial use. You may not
copy, print, reproduce, reengineer, disassemble, upload, download, store, display
in public, alter or modify, publish, transmit, participate in the transfer or sale
of, reproduce (except as provided herein), create derivative works from, distribute,
perform, display or in any way exploit, any of the Content, in whole or in part.
You are not to download or otherwise export or re-export any software or underlying
information or material available through this Site, except to the extent that such
downloading occurs in the course of using these Sites in accordance with our written
instructions or otherwise as expressly permitted in this Agreement. All rights not
expressly granted herein are reserved. This clause shall survive any termination
of this Agreement.
4. DISCLAIMER
Your use of Service Provider is at your sole risk.
This Site (including the products and services) is provided on an "as is" basis
and you assume total risk and responsibility for your use of this Site.
To the maximum
extent permitted by law, Service Provider assume no responsibility whatsoever and
howsoever and specifically disclaims all warranties, express or implied, in respect
of this Site including, but not limited to, merchantability, fitness for a particular
purpose, non-infringement of intellectual property or other proprietary rights or
compatibility between these Sites and any software or hardware.
The information contained in these Sites is subject to change without notice.
Service Provider neither
warrants nor makes any representations regarding the accuracy or completeness, quality
or adequacy of this Site or of any of the data or information contained in this
Site or that the use of this site will be timely, uninterrupted, secure or error
free or that any information, data, content, software or other material accessible
through this Site will be free of bugs, viruses, worms, Trojan horses or other harmful
components. Service Provider will not be responsible for any loss resulting from
your reliance on any information provided on this Site.
5. LIMITATION OF LIABILITY
SERVICE PROVIDER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES
TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL Service Provider
NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
1. ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
2. ANY FAILURE OR DELAY (INCLUDING,
BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR
BOOKING/RESERVATIONS OR TICKETING), OR
3. THE PERFORMANCE OR NON PERFORMANCE BY
Service Provider OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,
EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the liability of Service Provider
and/or its Suppliers and their officers, directors, employees and agents shall in
no event exceed, in the aggregate, USD100.
6. ACKNOWLEDGEMENT
The disclaimer and
limited liability of Service Provider as set out in this Agreement are fundamental
elements of the basis of the contract between you and Service Provider, and you
agree that Service Provider would not otherwise be able to offer the products and
services on its present basis without such limitations. This clause shall survive
any termination of this Agreement.
7. FORCE MAJEURE
Service Provider shall not be
liable for damages of any kind arising out of any failure or delay by Service Provider
in performing any or all of our obligations contained herein or in respect of any
product or service if the failure or delay is due to circumstances or cause beyond
our reasonable control.
8. RESTRICTION/ CANCELLATION OF SERVICE
Service Provider
may, at any time and at its sole discretion and without cause or notice, terminate
or restrict your access to any component of this Site or refuse to give effect to
any booking or booking/reservation requested by you, terminate your password, account
(or any part thereof) or use of this Site, and remove and discard any Content within
this Site, without being required to give any reasons or advance notice to you.
Further, you agree that Service Provider shall not be liable to you or any third-party
for any termination of your access to this Site.
9. INDEMNITY
You shall indemnify
and keep Service Provider and/or any of its Suppliers and their officers, directors,
employees and agents indemnified against all claims, demands, actions, proceedings
made or brought against Service Provider arising from your use of this Site and/or
any breach of any term or condition by you.
10. LINKS TO THIRD PARTIES
This Site
may contain hyperlinks to web sites operated by third parties. The inclusion of
hyperlinks to any such web sites does not imply Service Provider's endorsement of
such web sites nor any association with their operators. Service Provider is not
responsible for the contents of other web sites. Linking to any hyperlinked web
sites is done at your own risk and subject to the specific terms and conditions
(if any) of such hyperlinked sites. This Site also may contain advertisements by
third parties. Unless otherwise specifically stated on this Site, we do not endorse
or make any representation or warranty regarding the liability or quality or accuracy
of any products or services featured in, or linked to any advertisements that appears
on this Site.
11. VARIATIONS
Service Provider reserves the right to change the terms,
conditions, and policies under which Service Provider's products and services are
offered. You are responsible for regularly reviewing these terms and conditions
including such additional, modified, or varied terms posted from time to time. Your
continued use of this Site shall constitute your acceptance of the terms and conditions,
as modified.
12. SEVERABILITY
Any provision of this Agreement that is invalid, prohibited
or unenforceable shall be ineffective to the extent of the invalidity, prohibition
or unenforceability; not invalidate the remaining provisions of this Agreement;
and such provision shall nonetheless be applicable or enforceable to the fullest
extend permitted by law.
13. RELATIONSHIP BETWEEN THE PARTIES
No joint venture,
partnership, employment or agency relationship exists between you and Service Provider
as a result of this Agreement of your use and/or access, visit or shopping at this
Site.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions
and policies posted on this Site may apply to your booking/reservations and purchase
of our products and services and use of other components of the Site and you agree
to abide by these terms, conditions, and policies, and other components of the Site.
15. MODIFICATION
Service Provider may at any time modify these terms and conditions
without notice to you and your usage of this Site shall be conditioned upon the
terms and conditions in force at the time of your use.
16. ENTIRE AGREEMENT
This
Agreement constitute the entire agreement between the parties in respect of its
subject matter and supersedes all prior understandings or agreements (whether oral
or written) regarding the subject matter and may not be amended or modified except
by us herein.
17. GOVERNING LAW
This Agreement and its performance shall be governed
by and construed in accordance with the laws of Malaysia and you consent and submit
to the non-exclusive jurisdiction of the courts of Malaysia.
2) TRAVEL PRODUCTS
TERMS AND CONDITIONS
Please note that the booking/reservation and purchase of all
our products and services (collectively referred to as "the Travel Products") are
subject to the following terms and conditions AND other terms imposed by our third
party providers, fulfillment providers, airlines, other travel products and independent
supplier(s) ("Supplier") from time to time ("Supplier Terms"). By making a booking
of the Travel Products through this Site, you expressly agree to be bound by terms
and conditions herein and the Supplier Terms.
1. MEMBERSHIP
You may only make bookings
or reservations for our Travel Products or booking/reservation requests upon registration
as a member of Service Provider. Membership is not transferable but a member may
make bookings on behalf of non-member(s). You agree to bear full financial responsibility
for all usage, access, visit or shopping at this Site using your login and credit
card information, including but not limited to usage by minors living with you.
2. CHANGES TO RATES
The rates quoted in respect of the Travel Products are subject to
change without notice.
3. REMOVAL OF TRAVEL PRODUCTS
Service Provider reserves
the right at any time and from time to time to remove, modify or discontinue, temporarily
or permanently the Travel Products (or any part thereof) with or without notice.
You agree that Service Provider shall not be liable to you or to any third party
in any way for any modification suspension or discontinuance of the Travel Products.
4. RESERVATIONS
Service Provider and their Suppliers are entitled at their discretion
to refuse and/or decline to accept any booking or reservation placed through this
Site. You are responsible for your travel planning and any bookings or reservations
made based on such planning. Service Provider will not be held liable nor entertain
a refund of any nature should you book or reserve a Travel Product that is not suitable.
If you have any special requests, these will be passed on to the relevant Suppliers
but cannot be guaranteed by Service Provider. Unless otherwise stated, all bookings
or reservations are non-exchangeable and non-transferable.
5. TRAVEL PRODUCTS
All
Travel Products posted on this Site are offered by independent Suppliers and are
subject to their terms and conditions and the availability of the Travel Product.
Service Provider does not independently verify the accuracy and quality of the information
and does not guarantee its accuracy, completeness or adequacy. Service Provider
merely acts as a electronic booking platform for Travel Products of the Suppliers
and shall not be responsible nor liable for: overbooking, misinformation or mishandling
of any booking/reservation or booking by the Suppliers; or any other dissatisfaction
or complaint relating to the quality of the Travel Products provided by the Supplier;
any damage or loss to your personal property or personal injury howsoever sustained
or caused. Service Provider shall not be considered a party to any transaction between
you and any Supplier whether or not Service Provider may have received some form
of revenue or remuneration in connection with such transaction or be liable for
any costs or damages arising out of, either directly or indirectly from you or any
other person involved or related to the transaction.
6. TRAVEL REQUIREMENTS
It is
your responsibility to obtain a visa (where required) and other relevant travel
document at your own costs. Please ensure you have a valid passport for the duration
of your trip. If you require any further information on passport or visa requirements
please refer to the Web Site or contact our customer services department
7. FORCE MAJEURE
Neither Service Provider nor the Supplier shall be liable for damages of
any kind arising out of changes to the rates, route, timetable, itinerary in respect
of the Travel Product due to unforeseen circumstances or circumstances beyond our
control.
3) BOOKING/RESERVATION TERMS
In order for us to process your booking/reservation
request, you are required to provide details of your credit card. Submission of
your booking/request shall be deemed to be IRREVOCABLE AUTHORIZATION by you for
Service Provider to book the Travel Product(s) immediately on your behalf and charge
your credit card for full payment upon receipt of the Supplier's confirmation of
the availability of your requested Travel Product(s). We shall charge the balance
payment for this Travel Product (s) (if applicable) to your credit card. However,
Service Provider will not automatically charge your credit card and make a booking/reservation
on your behalf where there is a difference in the quoted rates.
Within 72 hours
of the submission of your request, you shall be notified on the status of your request
via email at your designated email address provided as part of your registration
with Service Provider. In the event your requested Travel Product(s) is not available,
you shall be provided with suggestions of alternative Travel Product(s). There shall
be no fees charged on you nor shall we charge your credit card unless you decide
to accept the suggested Travel Product(s).
Notwithstanding the above, there may
be situations beyond our control where we may not be able to notify you due to an
incorrect or invalid email address or due to technical problems. If for any reason
whatsoever you do not receive an email notification from us within 48 hours from
the submission of your request, you are solely responsible to immediately check
the status of your booking/reservation request at your Service Provider personal
folder or contact our customer service center immediately. Please quote your booking/reservation
reference number or your user name when contacting us. For avoidance of doubt, the
submission of your booking/reservation request shall be an irrevocable instruction
and authorization by you to Service Provider to book the Travel Product(s) on your
behalf and arrange for their due payment in accordance to the terms and conditions
hereof AND you agree and confirm that the non-receipt of an email notification by
MyHotel2u.com for whatsoever reasons shall not invalidate your booking/reservation
request nor render the request void in any way.
1. NON-AVAILABILITY
All Travel Products
offered on this Site are subject to availability and acceptance, at the discretion
of the Supplier of such product or service. In the event a Travel Product booked
by you is not available, Service Provider shall use its reasonable endeavors to
suggest an alternative product or service of similar pricing and quality. Where
the Travel Product is either not available or our suggested alternative (where applicable)
is not acceptable to you but is nevertheless fully paid, we shall make a refund
in accordance with our Refund Policy. If you fail to accept our suggested alternative
Travel Product by the specified deadline, we reserve our right to cancel our tentative
booking of the same.
2. CHANGES TO ITINERARY
1. If the payment transaction has not
been processed, you may make changes to your itinerary without having to pay a service
charge. However, your balance will be adjusted if the changes involve upgrades or
supplementary products or services.
2. If the package has already been paid in full,
you can still make amendments to your itinerary. Incremental payment, if any, will
be charged to your credit card.
3. If a package has already been paid in full and
you would like to replace it with another entirely different package, you will have
to cancel the first package and make a new purchase.
3. REFUND POLICY
In the event
you decide to cancel or amend your booking/reservation, you may be entitled to a
refund depending on the current policy in force of Service Provider. Read more about
Service Provider Refund Policy, click here
4. TRAVEL VOUCHERS
It is your responsibility
to ensure that the details on your travel voucher are correct, accurate, and complete. |
|