VCR Homestay Terms of Use

Your reservation made with a homestay within the VCR Homestay (“VCR”) (whether made by you directly on VCR’s website or via a third party such as travel’s website and travel’s apps) will be subject to these Terms of Use set out below and the Privacy Policy.

If you make your reservation via travel’s website and/or travel’s apps, or other third party, then you have a separate legal relationship with that party and VCR has no liability for any acts or omissions of such party including their observance of your data protection rights.

When you make your reservation, you will be deemed to have read, understood and accepted the Terms of Use for using the VCR website (which shall mean www.vcrhomestay.com or any related VCR web pages accessible from it) and any relevant terms and conditions shall be deemed to be incorporated into your reservation with VCR. The Terms of Use constitutes the entire agreement between you and VCR and supersede any previous agreement or understanding.

1. Accommodation Reservation

1.1   VCR provides a website through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to homestay and serviced apartments (collectively the “Accommodation(s)”) and request you to make reservations for such Accommodations, including making payment for such reservations of Accommodations in advance with a credit or debit card(“Payment Instrument”).

1.2   By making a booking through the website, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the website. This shall become a binding contract formed in Malaysia pursuant to the Terms of Use when accepted by VCR. You will receive proof of the confirmed Accommodation booking via an e-mail confirmation, which means the reservation has been confirmed by VCR. The “thank you page” means your reservation request has been received and is complete for final processing, no further action is required by you.

1.3   When rendering our services, the information that we publish about Accommodations is based on the information which we are fully responsible for, updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which are displayed on the website. Although we will conduct verification, we 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 website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. VCR remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the website. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the website inaccurate or outdated.

1.4   Please note that we are distributing our inventory for reservation to many affiliate partners. VCR make available their inventory for reservation similarly to our website. However, we only guarantee Accommodation availability of room type being indicated on our search result, that means the room type is available for reservation through third party channel are not guaranteed.

 

1.5   In the event that you cannot be accommodated due to Accommodation overbooking or an unforeseen circumstance, VCR and the Accommodation will attempt to accommodate you, at its expense, at a comparable alternate accommodation in the area for the night(s) for which the Accommodation is unable to accommodate you and will pay for transportation and other relocation related expenses to that alternate accommodation.

 

1.6   To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: suspected reselling of Accommodations booked through the website, breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behaviour, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, history, blacklisting by governments or international organizations.

 

1.7   If your booking is rejected or cancelled by VCR and a payment has already been made, you will receive a refund of the total booking value, (except in the case of unauthorized reselling or in any other appropriate case such as unauthorized use of the website or there is an inappropriate manner in the use of the website, and such use is harmful to us for which the refund of the total booking value or any part thereof is not justifiable). We also reserve the right to blacklist users from the website, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the website under any other name or through any other user.

 

1.8   Please note that suspected group bookings can also be rejected or cancelled by VCR as most Accommodations have specific procedures for group bookings.

 

1.9   Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Please be sure to let VCR know any special requests or requirements you have at check-in.

2. Prices and Additional Charges

2.1   All prices on the website are for room reservations only, for the specified stay dates and number of people. Without prejudice to what is set out below, before you confirm a reservation, VCR 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.

2.2   Cheaper rates are available on the website for a specific stay at an Accommodation for the same room type. However, these rates by VCR may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation.

2.3   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 at 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. VCR 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.

2.4   You will incur additional charges for all services and products you use at the Accommodations that are not included in the reservation price as expressly described in 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.

2.5   During special events and periods, some Accommodations may have additional services (for example, a dinner on New Year’s Eve). If you are interested and intend to purchase, we will display it in the booking conditions or with your reservation price.

2.6   To travel to the Accommodations in some locations (for example, islands in Malaysia), all guests must arrange transportation transfers in advance for an additional fee. Some Accommodations require VCR to collect payment for the transfer when a reservation is made. We will show these additional transfer fees with your total price. VCR does not control or operate the transfers, and is not responsible for the quality, safety, frequency, or service levels of the transportation.

3. Payment

3.1   For pre-paid Accommodation bookings with VCR , you authorize VCR to collect and process (including the collection and processing through a third party) your information, required by processing service providers or the financial institution that issues your credit or debit card in order to verify your identity. Personal information collected about you and that may be shared to such third parties (including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.

3.2   To complete payment for such pre-paid Accommodation bookings, you authorize VCR 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) 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. VCR or related companies will process refunds, if and when applicable, within a reasonable timeframe. 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, VCR 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. VCR may require credit card details in order to guarantee your reservation. As such, VCR will send your Payment Instrument information directly to 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.

3.3   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 VCR.

3.4   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). You undertake that the Payment Instrument you are using is your own or that you are authorized to complete the booking with this Payment Instrument 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.

3.5   You undertake that the details you provide us in making a booking are fully correct. VCR reserves the right not to accept certain Payment Instruments. VCR may add or remove other payment methods at its discretion.

3.6   We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the website. A small verification charge or pre-authorization may also be made to your card, also when using "Book Now Pay Later". The balance will be charged after confirmation or, in case of "Book Now Pay Later", on the future payment date. Reservations are not confirmed until you have received a confirmation email with a code. An Accommodation could become fully booked during the fraud check; in which case the reservation will no longer be available. VCR will not be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will be cancelled as it is incomplete and any amounts charged (including the verification charge where applicable) will be refunded.

4. Taxes and Fees

4.1   In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. In certain locations, the tax amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation.

4.2   For reservations where you need to pay upon arrival, the price may or may not include taxes and fees. Please verify the booking conditions and your confirmation mail or code or contact our customer service.

4.3   In some locations, we may be required by local law to charge and collect city, bed, tourist occupancy or equivalent taxes directly from you.

5. Booking Conditions

5.1   By making an Accommodation reservation on our website, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to the booking, and to any additional terms and conditions of the Accommodation that may apply to your reservation or during your stay, including services rendered and/or products offered by the Accommodation (the terms and conditions of an Accommodation can be obtained with the relevant Accommodation).

5.2   The general cancellation and no-show policy of each Accommodation is made available on the website at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and code. 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.

5.3   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 cancelled 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, VCR reserves the right to charge a cancellation fee, this will be indicated on the website. Please check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for late check-outs.

5.4   If you wish to review, adjust or cancel your reservation, please revert to the confirmation email or visit the website and follow the instructions therein, use our self-service tool or contact our customer service.

5.5   The Accommodations have specific policies around children, accompanying travellers and/or traveling with pets. As indicated above, you are strongly advised to check with customer service at the Accommodation itself or to verify the Accommodation policies.

5.6   Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact customer service or the Accommodation and verify with the Accommodation that special needs can be met. Please note that all special requests are subject to availability and are not guaranteed by VCR. Depending on the policy of the applicable Accommodation, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. VCR will not be liable to you for any damages or costs that you suffer if the Accommodation does not meet your special needs.

6. Currency

6.1   Reservations will be charged in the Accommodation’s local currency as shown on the VCR website. The price shown is based on today’s exchange rate. Any currency conversion is for guidance only. A foreign currency transaction may be charged by your Payment Instrument provider.

6.2   Any refund by the Accommodation, if any, will be subject to the exchange rate applied by your Payment Instrument provider at the time of any such refund and may differ from the exchange rate applied at the time such reservations of Accommodation were made.

7. Travel Advisory

7.1   We urge customers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.

7.2   By displaying the Accommodations in particular destinations, VCR does not represent or warrant that travel to such points is advisable or risk-free and VCR can never be held liable for damages or losses that may result from travel to such destinations. VCR 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.

7.3   VCR 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 that are required.

8. Privacy and Data Protection

8.1   Our Privacy Policy set out in our website will apply to your reservation and forms part of these Terms of Use.

9. Intellectual Property Rights

9.1   The information, data, materials, graphics available on or through the VCR websites ("Contents"), the look and feel of the VCR websites and the Contents ("VCR Websites’ Look and Feel") are protected by copyright, trademark and/or other intellectual property laws unless where expressly indicated to the contrary. All rights, titles and interests pertaining to the Contents and VCR Websites' Look and Feel are owned, licensed to, or controlled by VCR. The 'VCR Homestay' and individual property logo and name are trademarks of VCR. You may view the VCR websites and the Contents and print a copy of the VCR websites or part thereof purely for personal, non-commercial use. Without VCR's prior consent, you are strictly prohibited from copying, storing (in any medium), downloading, transmitting, transferring, publishing, reproducing, broadcasting, displaying, distributing, selling or licensing any part of the Contents to any third party whether for pecuniary gain or otherwise.

10. Disclaimer of Warranties

10.1   All Contents, including software, products, services, information, text and related graphics contained within or available through the website are provided to you on an “as is” basis. VCR makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the Contents included on this website and to the fullest extent permissible pursuant to applicable law, VCR 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. VCR does not warrant or make any representations that the website will operate error-free or uninterrupted, that defects will be corrected, or that the website and/or its servers will be free of viruses and/or other harmful components. VCR does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness or timeliness or any material of any kind contained within the website for any purpose including software, products, services, information, text and Content.

10.2  Unless VCR is at fault for intentional or wilful misconduct or gross negligence, VCR 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.

11. General Limitation of Liability

11.1  To the extent permitted by law, in no event shall VCR 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 (collectively the “Covered Parties”) making available the website and its Contents, 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):
     (a) 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;
     (b) your inability to use, unauthorised use of, delay, performance or non-performance of the website;
     (c) unauthorised access to or tempering with your personal information or transmissions;
     (d) the provision or failure to provide any service, including services rendered or products offered by the accommodation, cancellations or overbookings;
     (e) errors or inaccuracies contained on the website or any information (including but not limited to the descriptive information (including rates, availability and ratings) of the accommodation as made available on the website), software, products, services and related graphics Contents obtained through the website;
     (f) any transactions entered into through the website;
     (g) 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 website or any site to which it provides hyperlinks;
     (h) damages, otherwise arising out of the use of the website, any use, delay or inability to use the website, or any information, products or services obtained through the website;
     (i) any personal injury, death, property damage, or other damages attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies); and
     (j) 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.

12. Force Majeure

12.1   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, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, outbreak of epidemic and pandemic and no responsibility is accepted by VCR for any abovementioned force majeure events, including expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any VCR and the 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 website. VCR does not guarantee continuous access without interruption to the website.

13. Disputes and Governing Law

13.1   For any disputes, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. We each agree to negotiate your claim in good faith. You must send us written notice of the claim using either of the following methods:

13.2   The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Malaysia and any dispute arising out of the Terms of Use and VCR’s services shall exclusively be submitted to the competent courts in Malaysia.

14. Complaints

14.1   If you have complaints about VCR’s service, you can contact our customer service, details in the website. We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration and food) is ultimately a matter for the Accommodation itself. VCR will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome.

15. Miscellaneous

15.1   You agree to indemnify, defend and hold harmless VCR, its subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of:-
     (a) any breach or non-compliance by you of any law or any term of these Terms of Use,
     (b) any action, inaction or omission by you, or
     (c) any dispute or litigation caused by your actions, inactions or omissions. If you use the website for or on behalf of a third-party, such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the third-party of all applicable terms and conditions. Each user using the website for or on behalf of a third-party agrees to indemnify and hold VCR and related companies harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the third-party's or the user's failure to fulfill any of its obligations as described above.

15.2   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. VCR will not be liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

15.3   For your convenience, the website and the Terms of Use exist in a number of languages and local versions, but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

15.4   The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

15.5  VCR reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the website and/or any portion thereof, including any service or product available through the website, and/or your use of the website, or any portion thereof. In the event of termination of the website, the reservations made via VCR will still be honoured unless you receive a notification. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, VCR shall not be liable to you or any third-party for any termination of your access to the website.

15.6   Failure by VCR to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the website. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.

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