Hotel Samila Terms & Conditions
By booking and staying at Hotel Samila, you will be bound to following terms and conditions. Please read them carefully and make sure that you understand them.
The following terms and conditions apply to your access and the use of our website (https://www.hotelsamila.com) (“Website”) or the internet facility at our hotel premises (“WiFi”) (hereby collectively referred to as “our Services”). By using our Services, you agree to be bound by the terms and conditions stated herein without limitation or qualifications. If you do not agree to these terms and conditions of use, you must refrain from using our Services.
Your contract is with Hotel Samila Sdn Bhd (Company No. 020254-W) (“the Hotel”) including Ultimate Management Services, the management company which manages the Hotel and the employees, agents, suppliers and contractors (collectively referred to as “we”, “our” and “us”).
The terms and conditions stated herein are available on the Website and may be amended and/or supplemented from time to time. These “Terms and Conditions” and the room confirmation issued by the Hotel confirming your booking or Hotel Registration signed by you upon check-in (“Room Confirmation”) shall constitute a legally binding contract between you and the Hotel.
In these Terms and Conditions, the use of the words “you” or “guest(s)/Guest(s)” means any and all persons for whom a Hotel room is booked.
Bookings for the hotel rooms may be done online on the Website, via telephone call or at the hotel reception counter.
Depending on the type of booking, full payment may be required at the time of booking. We accept payment by Visa or Mastercard credit/debit cards or online bank transfers or in the case of walk-ins, the option of payment by cash. For online bookings, the available payment options are displayed during the booking process on our Website. A payment processing fee may apply.
Once your booking has been successfully completed, a confirmation in respect of each room booked will be sent to the email address provided by you (“Room Confirmation”). If you do not receive your Room Confirmation(s) within twenty-four (24) hours from the time of booking, please contact us at email@example.com or 04-7318888.
If you have already made your room reservation before check-in date, you MUST produce your Room Confirmation upon check-in at the hotel, together with your original valid photo identification document (national registration identity card, passport, driver’s licence or other identification card or document as the Hotel may require).
The ‘Guest’ named in the Room Confirmation must be the person staying at the hotel. We reserve the right to refuse any person claiming to be authorized by you to check into the hotel.
Bookings that have been made and paid with a credit card within five (5) days prior to the check-in date will require presentation of the credit card used for payment of the booking during or post check-in. We reserve the right to require for the same credit card that has been used to make the booking for purposes of any payments to be made during check-in. Failure to do so may delay your check-in process.
At all times during the booking process, you will be advised to ensure the accuracy of your booking details (guest details, stay dates, room types, room rates, number of guest(s)). The Hotel will not be responsible or liable for errors in booking details. We will not be under the obligation to refund or modify the booking should you fail to give us reasonable notice of any error in the booking details prior to the check-in date.
Booking without Room Confirmation will be held for the guest until 6pm on the scheduled check-in date after which the booking will be cancelled unless the Hotel is informed otherwise.
Bookings are accepted subject to room availability.
3. Room Rates
Room rates shown on our Website are charged on a per room per night basis, and depending on the room package which is being offered on our Website, the rates stated on our Website may be inclusive or exclusive of meals and add-ons.
Our prices are based on supply and demand and subjected to fluctuation. The price of your reservation will be confirmed at the time of booking and shall not be amended in case of rate fluctuation between the date you booked your stay and your arrival.
Room rates are inclusive of sales and services tax, service charge and/or other similar charges or taxes unless otherwise stated. These will be charged at the prevailing rates.
Room rates and details are correct at the time of publication and are subject to change without notice. We reserve the right to correct errors in both advertised and confirmed prices. We will do as soon as we become aware of the error.
4. Check-in and Check-out
Check-in time is after 2.00pm on the scheduled check-in date and prepaid Booked room will be held for check-in until 9.00 am of the following day, after which the booking will be deemed cancelled and the Hotel shall be entitled to release the Booked room for the remaining stay dates to other guests. No refunds will be provided for any cancelled booking.
A refundable key card deposit may be required upon check-in to cover loss or damage of the key card issued.
Check-out time is 12.00oon. You will incur additional charges to the extent of full room rate for checking-out beyond the specified time. The payment of additional charges for late check-out will not entitle you to a room on that day subject to the Hotel’s discretion. If you decide to check-out before you’re due to, we will not be able to refund the cost of the remainder of your reservation which you have not used, or be liable for any associated costs you may incur.
5. Tourism Tax (TTax)
Pursuant with the Tourism Tax Act 2017, a charge of RM10.00 per room per night Tourism Tax (TTax) will be levied on tourist(s) and non-resident guest(s). Malaysian citizens and permanent residents with MyPR cards are exempted from the payment of TTax. TTax will be collected at check-in and is payable by cash or credit card. TTax is not included in our room rates.
6. Changes and Non-Refundable Policy
Payments made for bookings are strictly non-refundable.
Change of guest name on your booking is allowed if made three (3) full days or more before check-in date. We will attempt to assist you to make any changes to your confirmed reservations, we regret that it may not always be possible to meet your requests. In the event an amendment can be made, you will be liable for the payment of any additional costs incurred by us.
Unless stated otherwise by us when bookings are made, all bookings cannot be amended, modified or cancelled except for change of guest name. Any booking cancellation or failure to arrive on the scheduled check-in date will be deemed as a no-show in respect of a booking and will result in the total payment under that Room Confirmation (including any applicable tax paid) non-refundable and will be forfeited.
Unless otherwise expressly stated, no date changes or cancellation will be allowed for promotional bookings. Please read the terms and conditions of the relevant promotion carefully, which terms of promotion shall apply to the booking and shall be binding on you.
7. No Smoking Policy
The Hotel is committed to providing a smoke-free environment and practices a strict NO SMOKING policy in our hotel premises.
Smoking is prohibited in all our guest rooms and other parts of the hotel premises, except in area(s) designated for smoking by the Hotel (if any). The Hotel shall be entitled at our sole discretion to terminate your booking and stay at the hotel if you fail to comply with this policy and you must immediately leave the hotel and no compensation or refund shall be paid to you. The Hotel reserves the right to charge you for any such costs, losses or damages incurred by the Hotel or any hotel guests or third party due to your failure to comply with this policy.
8. Special Request
If you have any special request, you must advise us at the time of making your reservation. Although we will attempt to meet your request, we cannot assure that your request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
You MUST not bring the followings into our hotel:
pets or livestock;
pillows, bed sheets, duvets or other items of bedding;
any electrical appliances and/or equipment for heating and/or cooking purposes; and
drugs, unlicensed firearm, inflammable substances or durians.
We reserve the right to remove and/or confiscate any of the above items found in any hotel room immediately without notice to you and to charge you for any costs incurred for taking such action or for any loss or damage caused to the hotel room, premises or property or to any hotel guests or third party as a result of your failure to comply with this policy.
We further reserves the right to ask you to leave the hotel and remove your belongings from the room immediately if we shall, in our sole opinion, deem that you have used the hotel room in an irresponsible manner or in a manner that will compromise the safety of, or cause damage and/or harm to the hotel room, the hotel premises, the other hotel guests, our staff or any other persons or the reputation of the Hotel, without any compensation and/or any reimbursement to you.
10. Other Facilities
Luggage storage is available only for guests currently staying at the hotel to keep their luggage or other personal belongings before check-in or after check-out, at the hotel’s sole discretion.
Each item of luggage will be tagged with a luggage identification tag and may only be retrieved by the bearer of the tag. If the tag cannot be produced during collection, we may nevertheless allow the luggage to be collected if the person claiming it can establish, to our satisfaction, his/her right or authority to collect the luggage and the Hotel shall not be liable for any loss or damage for releasing the luggage accordingly. Each piece of luggage must weigh no more than 30kgs and may not exceed 28″ x 22″ x 14″ in size.
Should your luggage or item remain unclaimed upon expiry of 14 days or any extended period agreed to by the Hotel in writing, the Hotel reserves the absolute right and discretion to either continue storing the luggage (luggage storage charges shall continue to apply and you shall be liable for such charges) or to dispose of the luggage or item without any liability to you.
Your use of the hotel’s luggage storage facilities is at your own risk. The Hotel will not be responsible for loss of or damage to the luggage, the contents therein or your personal belongings (including any valuables, even if we have been advised) during storage or during the disposal process however caused and you hereby release the Hotel from any liability in respect thereof.
The hotel provides free car parking for guests currently staying at the hotel on a first come first serve basis. Parking is at owner’s risks and the Hotel will not be responsible for any losses, damages, injuries, loss of life, etc. suffered by you and/or any persons in your party as a result of using the car park.
11. Liability for Damages
You are liable for any damages howsoever caused to the room(s) allocated to you or to the hotel premises or hotel property caused by you or any persons in your party (whether or not staying at the hotel) during your stay. The Hotel reserves the right to retain your credit card and/or debit card details and charge or debit such amounts as it shall in its sole discretion deem fit on the said card(s) to compensate or make good the loss, damage, costs or expenses incurred or suffered by the Hotel as a result of the aforesaid.
The Hotel reserves the right at any time to terminate your stay or that of any member of your party due to misconduct, nuisance, excessive noise, non-compliance of any of the terms and conditions stated herein, where justified in our reasonable opinion. No refunds will be given and the Hotel shall not be obligated to pay compensation or meet any costs or expenses which you may incur as a result of your stay being terminated.
The Hotel further reserves the right to commence legal proceedings against you without notice.
12. Right to Refuse Accommodation
The Hotel reserves the right to refuse accommodation to you or any person(s) without any notice and terminate any booking without being liable for any refund or compensation for the following reasons:
the booking has been paid through fraudulent means;
the booking has been altered by anyone other than the Hotel or its authorised agent or has been tampered with or the Room Confirmation has been defaced (in which case the Hotel reserves the right to retain such booking documentation);
the person checking in is not or cannot prove that he/she is the person named in the Room Confirmation;
it is in the Hotel’s opinion that you or someone in your party may be suffering from infectious disease or virus; and
as permitted under the provisions of these Terms and Conditions.
13. WiFi Terms and Conditions
By using our WiFi, you acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology.
Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your device.
Accordingly, you agree that the Hotel and/or its authorized agent is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of our WiFi is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behaviour is detected, including heavy consumption of bandwidth, we reserve the right to permanently disconnect the offending device from the WiFi network.
You must not use our WiFi to access internet services, or send or receive e-mails, which:
are defamatory, threatening, intimidatory or which could be classed as harassment;
contain obscene, profane or abusive language or material;
contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
contain material which infringe third party’s rights (including intellectual property rights);
in our reasonable opinion may adversely affect the manner in which we carry out our business; or
are otherwise unlawful or inappropriate.
The above are representative examples only and do not comprise a comprehensive list of illegal or unacceptable uses of our Wifi.
We recommend that you do not use the WiFi service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk. You must not use the WiFi to engage in any activity which constitutes or is capable of constituting a criminal offence.
14. Limitation of Hotel’s Liability
The Hotel is responsible for providing the room(s) stated in the Room Confirmation(s) subject to the Terms and Conditions stated herein. We do not accept any liability for failure to provide the services contracted or any of them due to circumstances beyond our control.
Without affecting any statutory consumer rights or other laws that cannot be lawfully excluded or limited, the Hotel will not be liable for loss of any kind whatsoever arising out of, caused by, attributable to or resulting from your booking, use of our Services or stay at the hotel.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our WiFi, our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, any of our Services; or
use of or reliance on any content displayed on our Website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on our website, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any service by us to you.
The Hotel will not be responsible for any loss or damage of property left in guest’s room, hotel safe and/or any part of the hotel premises at all times. The hotel safe is provided for your convenience and to be used at your own risks. You are advised to obtain insurance to cover curtailment, loss of luggage, personal effects, damages, personal injury, money and valuables.
To the extent permitted by law, the Hotel does not accept any liability arising out of any occurrences beyond its control including but not limited to acts of terrorism, acts of God, flood, earthquake, infectious diseases, war, strikes, riot, theft, delay, cancellation, civil disaster, government regulations or changes in itinerary or schedule (collectively, “Force Majeure”).
Notwithstanding any contrary provision herein, in no event shall the Hotel or the Hotel’s management company, agents, representatives, etc. be liable to you for any loss or injury or any damages, either direct or indirect, punitive, special, incidental, consequential or otherwise (including but not limited to, loss of profits/savings) resulting from or in any way connected to the services or these terms and conditions, even if you have been advised of the possibility of such damages.
15. Health and Safety
You hereby declare and confirm that to the best of your knowledge, you and all persons in your party are not suffering from any infectious or life threatening diseases and agree to immediately inform the hotel as soon as you become aware that the circumstances have changed. You are required to immediately notify the hotel if you or any person in your party is experiencing symptoms like fever, dry cough, tiredness, aches and pains and sore throat, etc. or has recently come into close contact with someone who has been experiencing these symptoms.
You are advised to familiarize yourself with the locations of all fire exits and fire safety equipment installed in the hotel. A floor plan showing the locations of these fire exits are provided behind the entrance door of every guest room and at the Reception counter. In the event of fire, all guests are advised to use the nearest fire exit and refrain from using the lift.
We do not offer our services to children under 18 years of age nor does the Hotel knowingly collect information from these children. If you are under 18, please do not submit any personal information to us. All children under 18 years of age must be accompanied by adult/s.
17. Data Protection and Disclosure
The Hotel will retain all personal information which you provide during booking and registration in strictest confidence. Our management company, agents, employees, vendors, contractors, service providers and/or any other parties engaged by us may have access to this information and it may also be required to be provided to security and/or credit checking companies, credit and debit card companies, government and enforcement agencies and public authorities if so required, or as required by law.
By booking and staying at our hotel, it is deemed that you have consented to the disclosure of your personal information to us. We shall be entitled to disclose and you irrevocably consent to our disclosure of any information pertaining to you to such extent as we may at our sole and absolute discretion deem fit to any security and/or credit checking companies, credit and debit card companies, regulatory bodies, government and enforcement agencies and public authorities if so required, or as required by law; our agents, employees, vendors, contractors, service providers and/or any other parties engaged by us to enable or assist us in the provision of services or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, at our sole and absolute discretion, deem fit.
Any disclosure by us of the information referred to in this provision will not render us liable to you for any claim, loss, damage (including direct or indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to:
the release or disclosure of the information by us; and/or
the information being incorrect, erroneous or misstated; and/or
reliance on the information, whether caused by us or other third party's omission, misstatement, negligence or default or by technical, hardware or software failures of any kind, interruption, error, omission, viruses, delay in updating or notifying any changes in the information or otherwise howsoever.
18. Copyright and Trademarks
Our Website including the booking and other applications, text, graphics, designs, audio and video clips, hotel and destination information and all other content thereon are the exclusive properties of the Hotel and/or its content suppliers.
You may use our Services and its content solely for personal, non-commercial and private use subject always to applicable copyright laws.
All trademarks, trade names, service marks and all other marks, whether registered or unregistered, on the Website are owned by or licensed to the Hotel and their respective owners and may not be used, reproduced or modified without the prior written approval of the Hotel.
You hereby irrevocably agree to indemnify and keep us indemnified against all liabilities, claims, losses and expenses, including any legal fees that may be incurred by us in connection with or arising from (1) your use or misuse of our Services and the services provided herein; or (2) your breach of these terms and conditions howsoever occasioned; or (3) any intellectual property right or proprietary right infringement claim made by a third party against us in connection with your use of this Site.
The Services provided and all content thereon are supplied “as is” and “as available”. The Hotel provides no guarantee, representations or warranties of any kind, either express or implied, regarding the Website and content. You are solely responsible for your use thereof.
While we will make every effort to ensure that the information on the Website is accurate and published in good faith, to the extent permitted by the law, the Hotel does not warrant or represent the accuracy of the information displayed and disclaims to the maximum extent permitted by law all warranties expressed or implied by statute, custom or usage.
The Hotel will not be liable for any direct, indirect, consequential, punitive losses or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to data), arising out of the use the Services or the use thereof or any services purchased from our Website, or any errors, inaccuracies or omissions in the services or content provided howsoever caused.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, including the server on which our website is stored or any server, computer or database connected to our website. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
The various linked sites on our Website allows for further link-up and interaction between Guests and the said sites for promotions and other interactive mediums. The inclusion of all website links on our Website does not imply endorsement by us of such linked sites, or any association with their operations. These sites are outside the control of the Hotel. We will not be responsible for the content on the linked sites or your use thereof.
21. Governing Laws
Any disputes arising out of or related to our Services or the terms & conditions stated herein or your contract with the Hotel shall be governed by the laws of Malaysia and the Malaysian courts shall have exclusive jurisdiction therein.
22. Amendments to the Terms and Conditions
The Hotel reserves the right to delete, amend or add the arrangements and content stated on our Website and/or delete, amend or add to the Terms and Conditions state herein at any time without prior notice. Your continued use of our Services will constitute your acceptance of any such deletion, amendment, or addition.