Terms & Conditions
Last updated 17 August 2020
AI SMART means Al Smart Hospitality Sdn Bhd, a company incorporated under the laws of Malaysia
Related Companies means related companies of AI SMART as defined by Companies Act 2016
Site means the websites and applications owned or otherwise operated by AI SMART (to include individual hotel sites)
1. Scope of our Services
A. Accommodation Reservation Facilitation
You will receive proof of the confirmed Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations), which means the reservation has been confirmed by the Accommodation.
When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. All bookings made shall be directed to the accommodators’ own websites. AI SMART currently has a “Direct Booking” program whereby certain selected Accommodations have the opportunity improve their visibility on their respective web site. Such Preferred Partner listings will be marked or contain wording for clarity. Under certain circumstances, AI SMART may also offer Accommodations the option to get a sponsored listing, i.e. to pay for a top spot. Such sponsored listing will be marked or contain wording for clarity.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. Whether to cancel or reject a booking for this reason is in AI SMART’s sole discretion.
Please note that suspected group bookings can also be rejected or cancelled by AI SMART or the Accommodation as most Accommodations have specific procedures for group bookings.
Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.
A word about star ratings
The Accommodation star or other denoted ratings (“star ratings”) are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations, and may take into account the Accommodation’s facilities, rates, reviews, and services. Star ratings may be unrelated to any other ratings assigned by government tourism authorities. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating.
B. Other Ancillary Services
AI SMART provides an online platform through which you can browse other services, including but not necessarily limited to food & beverages, restaurants, tourist locations, local produce (“Ancillary Services”) and make reservations / purchases for such Ancillary Services.
By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation (e.g. for restaurant) at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Promoter from time to time, which shall become a binding contract when your reservation is accepted by the Promoter. The Promoter reserves the right to reject bookings as set out in their terms and conditions.
2. Use of the Site
The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to AI SMART or its suppliers and providers, including the Accommodations and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to AI SMART and acknowledge that AI SMART may use these details to contact you in the event that this should prove necessary.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of AI SMART.
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
3. Prices, & Rates
Please note that, unless expressly indicated otherwise, all prices on the Site are for accommodation reservations and promoters’ products and services only.
Without prejudice to what is set out below, before you confirm a reservation, the hotel websites will display the total price payable, including taxes and service fees, and what is included. As you select options or specify additional details, we will update the total price.
A. Additional Charges by Accommodations
In addition to the reservation prices, some Accommodations will charge mandatory service fees, surcharges, and local taxes (for example, resort or amenity fees, transportation transfers, and city tourist tax). If we are aware of these service fees and local taxes, we will display them with your reservation price. These service fees and local taxes may be collected directly from you by the Accommodation, in addition to the price you pay for your reservation. Standard room reservations are for single or double occupancy. Extra guests or beds will usually incur extra charges. An Accommodation may refuse to allow additional guests to stay in a room – you must specify the correct number of persons, including children who will occupy each room you reserve.
You will incur additional charges at the Accommodation for all services and products you use that are not included in the reservation price as expressly described by the booking conditions. Charges for amenities you use and products you consume during your stay (for example, parking, internet access, food and drink) are not included in the reservation price unless specified.
During special events and periods, some Accommodations require each guest to purchase additional services (for example, a dinner on New Year’s Eve). To travel to Accommodations in some locations (for example certain Island locations), all guests must arrange transportation transfers in advance for an additional fee.
B. Additional Charges for Ancillary Services
Please note that all prices on the Site and for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).
Your reservation, and any Ancillary Services you purchase, do not include insurance.
C. Currency Conversion
The prices shown in AI SMART listings are based on rates set by the properties in their Property Currency. You may choose to view listing prices in the Property Currency or a different Display Currency. If your payment card or account supports it, we may give you the option to select the Charge Currency before you pay for your booking.
AI SMART rates
Because room prices are set by different properties in the local Currency, the amount you pay for a booking will depend on whether your booking is Pay Now, Book Now Pay Later, or Pay at Hotel;
Pay Now bookings
If you change the Charge Currency, we will update your total price to show the amount we will process to your payment account. We can do this because we know the exchange rate at that time. If you choose a Charge Currency that is different from the Display Currency, AI SMART will use the Daily Adjusted Rate to convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert currencies.
Book Now Pay Later bookings
If your Charge Currency is different from the Property Currency or Display Currency, AI SMART will use our Daily Adjusted Rate on your payment date to convert the Property Currency price to your Charge Currency. If you change your Charge Currency , we will show you the price in the Property Currency that will be used to determine the total charge on your payment date and the estimated converted price that you will be charged based on the current Daily Adjusted Rate. We do this because we do not know what the actual exchange rate will be on your payment date.
Pay at Hotel bookings
When you make a Pay at Hotel booking, we will update your total price to show the amount you will pay in the Property Currency. You will pay the Property directly, in the Property Currency or any other currency the Property agrees to accept. If you pay in a different currency, or with a payment account that uses a different currency, the actual amount you pay will depend on the exchange rate(s) used by the Property and your payment providers. These factors are outside of AI SMART’s control.
We respect your privacy. Please have a look at our
5. Payment - Credit Card – “Book Now, Pay Later”
To complete payment for such pre-paid Accommodation bookings, you authorize AI SMART or Related Companies to charge or debit your Payment Instrument for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking or, in case of a “Book Now, Pay Later” booking, at the future point in time communicated in the confirmation email. When using “Book Now, Pay Later”, please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. AI SMART or Related Companies will process refunds, if and when applicable, within a reasonable time frame. You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. For certain Accommodations, AI SMART will not charge your Payment Instrument, as you will pay the Accommodation directly for your stay (post-paid). However, in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Accommodations may require credit card details in order to guarantee your reservation. As such, your Payment Instrument information is dealt directly with the Accommodation at which your booking is made and may verify (i.e. pre-authorize) your Payment Instrument as well. Please note that your bank may impose additional fees on the transaction.
Certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of AI SMART.
In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via AI SMART, please contact our Customer Service team immediately.
In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
You undertake that the details you provide us with in making a booking are fully correct. AI SMART reserves the right not to accept certain Payment Instruments. AI SMART may add or remove other payment methods at its discretion. For increased convenience, AI SMART now also offers the option to have your Payment Instrument details securely stored on file.
A word about failed payments
For a variety of reasons, payment on the Site may fail. In such cases, AI SMART will offer you alternatives to ensure your reservation can go ahead.
6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies - Special Needs – additional AI SMART services or products
By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation
The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, our Partners reserve the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.
If you wish to review, adjust or cancel your reservation, please revert to the accommodations directly.
Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with the Accommodation itself or to verify the Accommodation policies.
Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by AI SMART. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.
AI SMART may offer promotional rates, vouchers, discounts, and special offers (“Promotions”) and ”AI SMART Cash” (sometimes called “Gift Cards”) from time to time. Promotions may not be combined, nor may any Promotions be combined with Gift Cards. Promotions and Gift Cards are subject to rules and special conditions.
7. Intellectual Property Rights - Trademark Notice
The mark “AI SMART”, as well as certain local language transliterations thereof is a registered trademark of or licensed to AI SMART and/or its affiliated companies in Malaysia. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of AI SMART, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. AI SMART owns the copyright to the Site. You may not use the AI SMART intellectual property without our consent.
Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by AI SMART, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. AI SMART does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:
1. the name and address of the complainant;
2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
3. where the complainant is not resident in Malaysia, the complainant’s address for service in Malaysia;
4. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
7. a statement that the complainant requires us to remove or disable access to the electronic copy;
8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
9. a statement that the information in the notice is accurate;
10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
11. a statement that the complainant submits to the jurisdiction of the courts in Malaysia for the purposes of proceedings under relevant provisions in the Malaysia Copyright Act.
The notice must be signed by the complainant and sent to us by registered mail to the address mentioned herein.
We will review and address all notices that comply with the requirements above in accordance with applicable law.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
8. Reviews – Further correspondence - Rights to User Content – Other services
Content submitted by users will be considered non-confidential and AI SMART is under no obligation to treat such content as proprietary information. Without limiting the foregoing, AI SMART reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. AI SMART is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to AI SMART. AI SMART shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the AI SMART Policies on the Site for more details.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by AI SMART or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release AI SMART , and its licensees, successors and assigns, from any claims that you could otherwise assert against AI SMART by virtue of any such moral rights.
9. Travel advisory – Visa requirements
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
By displaying Accommodations in particular destinations, AI SMART does not represent or warrant that travel to such points is advisable or risk-free and AI SMART can never be held liable for damages or losses that may result from travel to such destinations. AI SMART can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.
AI SMART cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
If you have complaints about AI SMART’s service, you can contact us at email@example.com. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. AI SMART will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.
11. Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AI SMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AI SMART DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AI SMART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AI SMART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UNLESS AI SMART IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, AI SMART IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, AI SMART SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
12. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AI SMART AND RELATED COMPANIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. AI SMART does not guarantee continuous access without interruption to the Site.
In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, AI SMART shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.
AI SMART does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. AI SMART will not be liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.
Local tax receipts are only available from properties for bookings where payments are made at the property. For pre-paid bookings (pay AI SMART), AI SMART can issue local invoices for bookings in Malaysia since AI SMART is a tax resident of Malaysia and also AI SMART receipts for anywhere else.
14. Governing Law and Disputes
15. About AI SMART
All of our online reservations services rendered through the Site are provided by AI SMART which is a limited liability company, incorporated under the laws of Malaysia, having its registered address at 16-05, Tower B, Vertical Suite II, Avenue 3, Bangsar South City, 59200 Kuala Lumpur
AI SMART is supported by certain affiliated companies in providing services to you in different locations in relation to their reservations (“Customer Support Companies”). Such services include accepting and dealing with payments for bookings, providing customer care, liaising with the Accommodations and handling complaints and refunds.
Customer Support Companies only provide such services in relation to your reservations, but do not own, control, host, manage or maintain the www.globalroomz.com website (or any other website). The www.globalroomz.com website is domiciled only at its registered office in Malaysia and not at the offices of any Customer Support Company around the world. Customer Support Companies are not authorized to act as AI SMART’s process or service agents, do not have any power or authority to represent AI SMART or to enter into any contract in the name of, for or on behalf of AI SMART. You will also not be able to make a reservation in or through any of these offices as reservations can only be made through the Site.
In addition, AI SMART and its related companies have various other subsidiaries, branches and offices throughout the world providing certain other non-customer related internal supporting roles (“AI SMART Support Companies”). AI SMART Support Companies do not have any power or authority to render our services, to represent AI SMART or to enter into any contract in the name of, for or on behalf of AI SMART and are not authorized to act as AI SMART’s process or service agents, unless specifically authorized by AI SMART.
AI SMART and its affiliated companies (including all Customer Support Companies and all AI SMART Support Companies) do not act as a travel agent except where stated otherwise on the Site. For further information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to their respective sites.
For all questions about www.globalrooz.com, the services or the Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of www.globalroomz.com, the Site or otherwise, please contact AI SMART directly.
More information or questions?
For additional information and to learn more about AI SMART, please also refer to our FAQs on the Site.