Terms and Conditions

This website of The Kasturi (“Resort”), www.the-kasturi.com (“Website”) is owned and operated by Rimbun Dahan Sdn Bhd (“Company”). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (collectively, “Terms and Conditions”).  By using the Website, you will be deemed to have accepted these Terms and Conditions.

Use of the Website

The Website allows you to access the reservation services of The Kasturi Resort.

The Website also provides marketing and promotional information about products, services and activities on offer by The Kasturi Resort.

The Website and its content are made available for your personal, non-commercial use. The Website should not be used for unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. The Company reserves the right to deny access to the Website to any user who violates the Terms and Conditions and the Privacy Policy or at its sole discretion.

You must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of the Website, the system hosting the Website, or any of our computer systems.

You must be of sufficient legal age and capacity to make reservations for rooms, restaurants or spa services through the Website.  If you are a child or minor, you may only use the Website and services available on the Website with the permission of your parent or guardian.

Reservations

By using this Website to make reservations with the Resort, you agree to be bound by all of the Resort’s standard terms and conditions and by any other policies, terms and conditions that may apply.

By using this Website to make reservations, you hereby authorize the Resort and us to use your personal information including credit/debit card information that you provide to us for the purpose of the reservation.

By using this Website or channels owned or operated by third parties or information otherwise provided by The Kasturi to make reservations, you acknowledge that there may be technical inaccuracies, typographical errors or mistakes in the information displayed or otherwise provided including but not limited to room rates, availability or other Resort requirements. The Resort does not assume responsibility or liability for any such inaccuracies, errors or mistakes nor be obliged to honour reservations based on such inaccuracies, errors or mistakes. The Resort reserves the right to make changes, corrections, cancellations and/or improvements to information displayed on this Website or otherwise provided, at any time without notice, including confirmed reservations based on such inaccuracies, errors or mistakes in the information provided or displayed on this Website or channels owned or operated by third parties.

You may only make reservations through this Website for yourself and your guests. If you intend to book more than five (05) rooms at the Resort for the same period of stay on behalf of one or more guests, you must contact the Resort directly to make the reservation.

You are prohibited from using this Website for the purposes of reselling, posting, advertising or marketing reservations (whether online or otherwise) to third parties including online agents, third-party owned websites, or travel agents.

The Resort reserves the right to require proper proof of identity (e.g. passports or national identity cards) from all persons checking in. The Resort has the absolute discretion to refuse to check in if the identity does not match with the person mentioned in your reservation or if anyone refuses to provide the requisite proof of identity to the Resort. We reserve the right to cancel or modify at our sole discretion any reservations that have been made in breach of the Terms and Conditions or for false, fraudulent or unauthorized purposes.

At the time of booking, full prepayment will be collected upon confirmation. Prepayment will not be refunded for cancellations, shortened stay or rate adjustments. Credit/debit card details will need to be provided, and you expressly and irrevocably authorize us to charge your credit/debit card, which was used at the time of reservation. No reservations shall be treated as confirmed until the details and/or payment described in this paragraph have been provided.

Charges

Rates displayed on the Website indicate the total room charge for your requested stay. Any other additional charges are not included unless specified. A minimum length of stay, deposit, cancellation charges and other conditions may apply to certain rates as specified. Price lists for additional items, such as meals at the restaurant, leisure activities or room service are on display at relevant locations within the resort and are available upon request. Prices shall be charged in the local currency of the Resort.

Room or accommodation occupancy and rates are based on number of persons in each villa and/or suite room. Should the number of persons staying is more than what is stated during booking, the Resort reserves the right to refuse or deny accommodations and does not provide compensation to anyone whose use of a room or accommodation and would violate the facility’s maximum capacity.

Please take note that we do not provide extra bed.

Children under the age of five (05) may share parents’ accommodation and have daily breakfast at no extra cost, subject to one (01) child in a room and/or accommodation policy.

Daily breakfast for children aged 06 to 11 years old is chargeable, subject to one (01) child in a room and/or accommodation policy.

Children aged above 12 years old will be considered as adults and is chargeable when booking an accommodation.

Check-in/ Check-out Time

In the interests of security and to prevent fraud, at the time of check-in, guests may be required to confirm their identity by providing their booking reference and their passport/identity card.

Unless otherwise stated on the booking confirmation, Guests may check-in from 1500hrs (3:00 pm) on the scheduled day of arrival. If Guest is arriving later than the scheduled day of arrival, please inform the Resort ahead of time and no refund will be given (except in the case of a Force Majeure).

On the day of departure, we kindly ask all guests to vacate their rooms by 1100hrs (11.00am). Late check-out after this time can be requested subject to availability and may attract additional charges at the discretion of the Resort.

Payment

Where applicable, you may charge the purchase of goods and services including food and beverage, spa services or other Resort activities to your room during your stay. You are personally liable for the full payment of all such charges which may include any applicable service charges, duties, taxes, or tariffs. You are required to pay and settle all such charges fully upon receipt of the Resort bill during check-out.

All payments made by you are subject to your respective bank’s charges for foreign transaction fees, where applicable. Additional foreign exchange fees may also apply if any other currency, which is not from your originating issued card’s country, is selected to be charged.

If you choose to check out of the Resort without settling your bill in full, you expressly and irrevocably authorize us to charge to your credit/debit card, which was used at the time of check-in, all charges you and your guests may have incurred including any damage or loss caused by you or your guests to the Resort during your stay.

Credit/Debit Card Information

You must provide valid credit/debit card information (such as card type, card number, expiry date and the full name shown on the card) to us and to the Resort to secure your reservation. Full pre-payment will be deducted from your credit/debit card at the time of reservation.

The collection of your credit/debit card details is subject to our Privacy Policy. If your credit/debit card is invalid or has expired, you will not be able to complete your reservation or purchases.

By providing your credit/debit card information, you represent and warrant that (i) you are legally authorized to use the credit/debit card you provided; (ii) you authorize us to charge you in full for all charges incurred by you and your guests (if applicable) all products and services purchased by you and any damage or loss caused by you and your guests during your stay (including, without limitation, damage to the Resort’s property); (iii) you authorize us to charge you in full the prepayment at the time of reservation; and (iv) you authorize us to charge any cancellation / no show charges to your credit/debit card.

While all reasonable security measures will be taken to secure your credit/debit card information, you agree to hold us and our employees and officers harmless and release us from any actions, claims, liability, damage or loss resulting from any loss, release, compromise, or disclosure of your credit/ debit card information caused by malware attacks, phishing attacks, viruses, hacking activities, malicious software and any other unlawful interference of the Website’s operating system or unauthorized access by third parties.

Cancellation Policy and No Shows

The cancellation policy of any reservation may vary depending on the room rates, occupancy levels, availability or other Resort requirements. The cancellation policy will normally be provided to you along with the confirmation of your reservation. Any cancellation of your reservation through this Website must comply with the cancellation policy applicable to the reservation.

All reservations are non-refundable. Cancellations at any given time will be subject to a full penalty charge. In the event of the shortening of a stay, no refund will be provided. In the event of a No Show, the Resort will automatically impose a full penalty charge.

Change of stay dates is not allowed less than 07 days prior to the 1^st day of arrival, subject to room availability and rate difference. If a new date attracts a higher price, guests are required to pay the rate difference. In the case of a lower rate, there will be no refund.

Please email us at reservation@the-kasturi.com for any changes or cancellations.

In the unlikely event that your booking is cancelled by the Resort, you will be given a full refund but we shall have no further liability to you arising out of such cancellation. We will, however, use reasonable endeavours to try and re-locate any confirmed Booking cancelled by us to an alternative location similar in standard to the Resort.

We may need to allocate an alternative room or accommodation to you for operational or safety reasons. If we need to move you to a different room or accommodation during your stay with us for which a lower rate is available than the rate you booked at, we will refund you the difference in the rates.

Damages

We reserve the right and you hereby authorise us to charge your credit card for any damages incurred to your room or the Resort during your stay (including without limitation specialist cleaning) or for any items that are missing when you leave.

Events at the Resort

Please be aware that special occasion events may be held at specific times throughout the year (i.e., weddings, events and parties), which you may feel would be an intrusion during your stay. Please contact the Resort directly in advance of your stay for further information.

Guest Behaviour

Guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the Resort, or cause offence to other guests or our members of staff. We reserve the right to refuse accommodation or services or remove you and members of your party from the Resort if, in our reasonable opinion, we consider this provision to have been breached. Where this is the case shall have no obligation to refund you for lost accommodation, other services or any other loss or expense incurred.

No Smoking/Vaping and No Cooking

All areas of the Resort are non-smoking or non-vaping including the balcony areas. Smoking or vaping is only allowed only at designated areas of the Resort.

Cooking using any electrical or non-electrical appliances is strictly not allowed in the all areas of the Resort including on the beach. We reserve the right and you hereby authorise us to charge your credit card RM500 per room per night for any damages and specialist cleaning costs (caused by smoking/vaping and/or cooking) incurred to your room, your balcony or the resort during your stay.

Accessibility and Children’s Safety

Dependent on your individual needs a selection of specifically designed rooms is provided at the Resort.

Please contact our Reservations to discuss specific individual requirements and the availability of appropriate accommodation, and we will do our best to accommodate your needs.

All children (a person under 12 years of age) staying at the Resort must be accompanied and supervised by an adult at all times.

Restricted Foods

Food or fruits that admit strong odour or that can cause staining including durian and mangosteens are strictly prohibited.

Guest will be responsible for any damage in the room and amenities, the Resort reserves to impose additional charges to deep clean the room, this will be debited form the card given at the time of booking or checking in.

CCTV

In public areas of the Resort, CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons.

Valuables

The Resort’s liability where accommodation is booked for Guest belongings is generally limited under the Innkeepers Act 1952.

You are advised not to bring expensive jewellery, precious goods or excessive amounts of cash onto the Resort premises and you do so at your own risk. While the Resort provides reasonable security, the Resort is not designed as high security areas for the safekeeping of expensive jewellery, precious goods or large sums of cash. Please ensure that all items of value are always stored securely and not left unattended. Safety deposit boxes are available for your use. To the extent permissible by law, we will not be liable for any loss of or damage to any property brought onto the Resort premises. In the event that we are found to be liable for any such loss or damage, we shall not be liable for such loss and damage to an amount exceeding the statutory limitation available under the applicable local laws and regulations.

Personal Information

All personal information stored and used by us is done so in accordance with our Privacy Policy which is available on www.the-kasturi.com

Force Majeure

The Resort accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.

Limitation of Liability

Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the full extent permitted by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with (i) any use, reference to or reliance on any content or materials in the Website; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the Website; (iii) the access to or use of the Website; (iv) the access to or use of any information held on or through the Website by unauthorised third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the Website; (vi) any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties or any injury, illness, death, loss, or damage arising from your use of any third party websites, applications, products or services available in the Website; or (vii) the performance or non-performance by us with respect to products or services available in the Website; even if you have been advised of the possibility of any or all of the foregoing.

Notwithstanding the above, and to the full extent permitted by law, you agree that in the event we are held liable for any damages related to this Website, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties, we disclaim any and all liability relating to them. To the full extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this Website in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

Amendment of the Terms and Conditions

The Company may amend the Terms and Conditions at any time without prior notice. Your continued use of the Website after any such amendment constitutes your acceptance of the amended Terms and Conditions. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website.

Website Information

While all reasonable efforts have been taken to ensure the accuracy of information on the Website, the Resort does not accept responsibility for errors or omissions and reserve the right to amend, cancel or vary any of the arrangements featured on the Website without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of a particular product or Resort.

The content of the Website is the copyright of the Resort, and may not be copied, reproduced, published, distributed or amended for any other purpose without our prior written consent.

Trademarks used on the Websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We cannot accept responsibility for the content or use of third-party sites.

Last Updated: August 2023