TERMS OF USE

This website (“Website”) is operated by Stayhere Sdn Bhd (Company No. 1450959-U), Level 5, Tower 8, Avenue 5, Horizon 2, Bangsar South City, 59200 Kuala Lumpur, Malaysia (“StayHere”). The Website is provided solely to assist customers in gathering travel information, determining the availability of travel related goods and services, doing legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our” and “StayHere' ' refer to StayHere Sdn. Bhd. The term “you” and “Customer” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents, “Traveller” refers to any person of a party of any booking made/for whom a booking is made.

The Website is offered to you conditioned upon your acceptance without modification of all the Terms & Conditions, and notices set forth below. Please read the Terms of Use carefully. By accessing or using this Website, booking any travel products or services on this Website, you agree that the Terms & Conditions then in force shall apply. If you do not agree to the Terms & Conditions, please do not use or make bookings through this Website. StayHere may at any time change these Terms & Conditions and your continued use of this Website is conditioned upon acceptance of the updated Terms & Conditions.

The products/services offered by StayHere and its software, as defined below can only be purchased by customers who have first read these Terms & Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. Customers undertake to fulfil the obligations contained within these Terms & Conditions. The agreement between Customers and StayHere comes into force as soon as StayHere provides written confirmation of a booking to Customers by email.

Customers should save and/or print a copy of these terms and conditions for future reference when making a booking.

Our Website and products/services are made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.

You may only use this Website to make legitimate reservations, purchases or requests to purchase the products or services rendered by the respective suppliers.

You shall not:

  • Use this Website for commercial purposes without StayHere permission
  • Use the Website to make any speculative, false or fraudulent reservation or purchase and/or any purchase in anticipation of demand
  • Take any action which may impose an unreasonable or disproportionately large load on the Website
  • Use this Website in any manner which could damage, disable, overburden or impair or otherwise interfere with the other users’ use of this Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware or telecommunication equipment
  • Attempt to gain unauthorised access to this Website, other accounts, computer system, or networks connected to this Website, through hacking, password mining or any other means
  • Deliver any unlawful postings to or through this Website, or any postings which advocate illegal activity
  • Post anything which contain material that could be considered harmful, obscene, lewd, indecent, violent, abusive, insulting, threatening, harassing, hateful or otherwise objectionable
  • Post anything that contain any defamatory, false or libellous material
  • Post anything that infringes or violates any intellectual property or any other rights of any third party.

StayHere offers an online platform through this Website where you can browse for, reserve and purchase any and/or all of the following,

  • Short Term Rental Apartments (STRA)
  • Long Term Rental Apartments (LTRA)
  • Activities & Excursions
  • Transfers
  • Travel Insurance

StayHere will be the merchant on record in respect of bookings and payments made.

StayHere reserves the absolute discretion to change, suspend or discontinue all or any part of the Services at any time without prior notice to you.

The products/services listed on this Website are supplied and provided by independent property owners and not agents or employees of StayHere. This Website does not make any representation and should not be construed as making any recommendations or suggestions to the level of service or rating of the products/services and suppliers. StayHere shall not be held liable for any omissions, breach of representations, warranties, breaches or negligence of any Vendors or for any personal injuries, death, property damage or other damages or expenses as may be suffered and/or incurred by you resulting there from.

The products/services available through this Website are subject to the published terms of the respective supplier including but not limited to the conditions of purchase and policies relating to subsequent changes, cancellation and refund. Please read the products/services’ terms carefully before confirming your purchase.

Any violation of the suppliers’ terms may result in the cancellation of your reservation, in you being denied access to the applicable product/ services, in the forfeiture of any your monies paid for such reservation, and/or in our debiting your account for any cots we may incur as a result of such violation by you.

By making a booking or purchasing the products/services of the supplier, you are deemed to have read, understood and agreed to be bound by the products/services.

Further and in addition to the products/services terms, certain sections or pages on this Website may contain additional and/or separate terms and conditions, which are different from these terms. In the event of a conflict, the additional and/or specific terms and conditions shall prevail for those sections or pages.

By using the Services offered via this Website, you hereby warrant that:

  • You are at least twenty-one (21) years of age
  • You possess the legal capacity and authority to form a binding contract
  • You will use these Website and products/services in accordance with the Terms & Conditions herein
  • All information supplied by you to the Site is true, accurate, current and complete

You hereby agree to indemnify StayHere from any loss, damage, costs, expense, liability and claims which may be suffered and/or incurred by StayHere resulting from your use of this Website in breach of any of these Terms.

Intellectual Property Rights

The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Website are all subject to copyright and other intellectual property protection.

The copyright in the materials contained on this Website (including but not limited to the software, text, data, html codes and other codes on this Site) belongs to StayHere or its licensors. These materials may not be copied for commercial use or distribution, nor may these materials be modified, transmitted, displayed, reproduced, published, or reposted to other sites or otherwise used for any public or commercial use without the prior express written permission of StayHere. You may print, copy, download or temporarily store extracts from this Site for your personal use only

All the trademarks, service marks and logos displayed on this Website are the registered, pending registration and/or unregistered trademarks of StayHere or StayHere affiliates or the respective third party proprietors as identified in the Website. Unless the express prior written consent of StayHere or the relevant StayHere’s affiliate or third party proprietor has been obtained, nothing contained on the Website shall be construed as granting any licence or right for you to use, copy or modify such trademarks, service marks or logos.

Links to Third-Party Sites

This Website may contain links to other sites that are independently owned, maintained or operated by third parties that are not under the control and/or supervision of StayHere (“Linked Sites”). The links are provided for your convenience only and shall not be interpreted as a recommendation and/or endorsement by StayHere of the contents of the Linked Sites and/or any products and/or services appearing on and/or provided through such Linked Sites.

The use of a Linked Site shall be subject to the terms of use and privacy policies stipulated by the operator of each Linked Site that you should review.

StayHere hereby expressly disclaims any responsibilities and makes no warranties (express or implied) in respect of the contents, materials, products or services posted or offered at any of the Linked Sites. Your access and use of any such Linked Sites and their content, materials, products or services is solely at your own risk. StayHere shall not be responsible or liable, directly or indirectly, for any loss, expense or damage suffered by you resulting from your use or reliance on such content, materials, products or services of the Linked Sites.

Disclaimer & Limitation of Liability

All contents or materials, information and functions contained on this Site are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, StayHere disclaims all warranties, endorsements or representations, whether express or implied, including but not limited to the following:

  • The correctness, accuracy, adequacy, reliability, completeness and usefulness of any contents, materials or information contained on this Website
  • The merchantability, fitness for use, fitness for a particular purpose and/or non-infringement of third-party rights of any contents, materials or information contained on this Website
  • That the access to this Site will be uninterrupted or that there will be no downtime, delays, failures, errors or omissions or loss of information as this Site is transmitted to you
  • That no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged from accessing and/or using this Site.

To the fullest extent permitted by law, StayHere shall not in any manner be held responsible or liable, whether directly or indirectly, for any losses, damage or expenses as may be suffered by you resulting from or in connection with

  • Your reliance on any of the contents, materials or information on this Website
  • Your access or use of, or inability to access or use this Website and/or the products or services obtained through this Website
    • Any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Website.
Prices & payment

Prices shown on this Website may vary depending on the availability of the products/services and other factors. The suppliers may update the prices of their respective products/services from time to time. Available prices may also include taxes and other charges, and the respective supplier may also impose additional charges pursuant to any special requests as may be made by you.

You shall be solely responsible for verifying the total costs to be paid for the selected products/services, and such other supplier’s terms as may be notified to you when the confirmation email is sent.

For all forms of reservation, you must pay within the stipulated time limit, failing which StayHere shall reserve the right to cancel your booking.

Name(s) in Bookings

Bookings must be made in the Travellers’ names as they are displayed in the passport. Name changes/changes of Traveller(s) are generally not allowed after booking. Corrections of typing errors are allowed, StayHere can impose a limit of how many characters are allowed to be corrected as typing errors. Service/product suppliers may charge a fee, which has to be paid, and in addition StayHere administration fee will apply.

Travellers will be asked for a passport or ID before check-in, and entry to a service. If the name in the booking and the Travellers’ passport/ID do not match, the Traveller may be required to make a new booking at cost.

Confirmations

Your booking is confirmed after full payment of the package price is received by us and a booking reference number and your ticket(s) are issued as stated in the booking confirmation email sent by us.

If the Customer does not receive a confirmation email after 24 hours of placing the booking, he/she should contact the StayHere team at customercare@stayhere.asia

Confirmations of a booking include the essential elements such as the description of the services booked and the price. It is sent to the Customer by email

It is expressly agreed that data stored in the information systems of StayHere and/or its suppliers shall constitute proof with respect to the bookings made by the customer. Data stored in computers or electronic media are valid proof and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.

Promotions

StayHere may offer promotions on this Website from time to time. Please note that these promotions may involve different conditions and requirements, as may be stipulated by StayHere or StayHere’s affiliates.

Promo codes may be made available by StayHere from time to time to offer additional savings on selected products/services offered by selected suppliers

Such promo code promotion may be subjected to a minimum spending requirement, or such other terms and conditions as may be stipulated by StayHere on this Website. The promo code promotion may also be subject to availability and made available on a first-come-first-served basis.

Promo codes are valid for the duration of the respective promotion only and only one promo code may be used for each booking. In the event where multiple promo codes are available at the same time, they are not cumulative, and it is at your discretion to select the coupon code that you wish to apply.

Promo codes are not exchangeable for cash, non-transferable and non-refundable.

StayHere reserves the absolute right to amend or withdraw a promo code promotion at any time without prior notice and without assigning any reason whatsoever.

Reservation Cancellations

You may cancel your booking 3 days prior to your arrival. An Admin Fee for cancellation will be imposed. Refunds will be provided as per cancellation policy and refunds shown on the Website prior payment for your booking and also stated at the booking confirmation, as per the date you cancel. Strictly no refund is provided for any cancellation made less than 3 days before your arrival.

Cancellations are only possible via email, not via phone.

StayHere reserves the right to cancel a booking at our sole discretion and for any cause without giving reasons for the rejection/ refusal/ cancellation. The causes may include but not limited to the following:

  • Breach of the Terms & Conditions by you
  • Suspicion of criminal activity (including but not limited to unauthorised use of a credit or debit card), fraud or theft
  • Product/ services not being available or no longer being made available by the supplier, or where the supplier has provided inaccurate price and/or information relating to their products/services
  • The provision of inaccurate, erroneous or misleading information by you
  • Problems with credit card electronic communications, information or transactions

In certain cases, we may require additional information or verification to validate and confirm the booking. If you choose not to submit the required additional information, reservations will not be completed and will be voided.

Reservation Changes & Amendments

All changes are subject to the respective suppliers’ terms and policies. If allowed, the change may entail charges and fees from the supplier, in addition to StayHere’s Fees.

You may also lose whatsoever benefit(s) that you may initially be entitled to from the original product/service (including but not limited to any savings made and promotion benefits).

Suppliers might impose a data and time until which a requested change must be done, which we will communicate to you.

Payment of any cost associated with the change must be done prior that date and time for the change to be possible.

In the event a supplier was to cancel an element of a booking, StayHere may at its absolute discretion either choose to cancel that particular booking as a whole or substitute it with another element which is substantially equivalent to the cancelled element. StayHere shall not be liable to any cancellation of an element by a supplier and/or the consequences of that element cancellation.

Refunds

In the event of a refund to the customer after the deductions of Fees, the relevant amounts will be transferred back by the party of the payment method used to make the original booking.

Any Admin Fees applied will not be eligible for reimbursement. Customers should note that refunds may take up to 1 month.

Admin Fees

StayHere does not charge fees when you make a booking.

For changes, cancellations, refunds, these admin fees (“Fees”) apply. Please note Fees are in addition to any cost, charges, fees a supplier might impose.

Fees are always applicable in the same currency as the booking affected.

StayHere Admin FeeCancellation With RefundName Typing ErrorChange Booking (as a whole or elements)
PerPer Traveller of Booking, per RefundPer Traveller AffectedPer Traveller of Booking
MYR505050
CNY100100100
IDR200,000200,000200,000
SGD202020
USD202020
THB500500500
INR100010001000
Product/Services Images

Whilst we endeavour to ensure that property images and descriptions of products/services and facilities displayed on StayHere are an accurate and up to date representation, we cannot guarantee this always to be the case as we obtain this information from our property owners and suppliers. The images and information are provided to give a general impression of the product/service.

Images of room types do not necessarily represent the bed configuration of the room being purchased. For example, a triple room in North America may consist of one double bed and one single bed or a double room in Malaysia may consist of two single beds. Also, there may be an additional charge for extra beds or cots.

Product/Services Ratings

The rating system on this Website is provided for your reference only, and StayHere does not guarantee the accuracy of the ratings. The existing ratings are based on information given by third parties such as suppliers, users or other review websites.

Accommodation Taxes

The local authorities in certain countries may impose or introduce additional taxes (tourist tax, etc), which generally must be paid locally. The Customer and Travellers are exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. If taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate

Insurance

The prices on the website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer's responsibility to ensure any insurance policy taken out is adequate to cover their requirements

Liabilities

The information, software, products, and services provided through StayHere online may include inaccuracies or typographical errors.

Wholesalers, and other suppliers providing travel or other services for StayHere online are independent contractors and not agents or employees of StayHere are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

StayHere have no liability and will make no refund or compensation in the event of any delay, cancellation. Overbooking, strike, force majeure, or other causes beyond their direct control and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall StayHere and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the StayHere online or with the delay or inability to use StayHere online, or for any information, software, products, and services obtained through StayHere or otherwise arising out of the use of StayHere online, whether based on contract (including fundamental breach), tort, strict liability, or otherwise, even if StayHere and/or their respective suppliers have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Governing Law, Jurisdiction & Limitation of Action

These Terms & Conditions are governed exclusively by and are to be interpreted in accordance with the Laws of Malaysia. Any and all actions, disputes or controversies arising out of or in relation to these Terms & Conditions and/or the use of this Site shall be submitted to the exclusive jurisdiction of the court of Malaysia

You agree that you will bring any claim or cause of action arising from or relating your access or use of this Site within two (2) years from the date on which such claim or action shall arise or accrued, failing which you shall be deemed to have irrevocably waived your cause of action against StayHere.

Miscellaneous

StayHere shall not be held liable for any non-performance or violation of these Terms, or any damage or harm to users caused by act or condition beyond its reasonable control (“Force Majeure Event”). Force Majeure Event shall include but not limited to natural disaster, epidemic, riot, war, embargo, sanctions, changes in laws or regulations, civil disorder, labour strikes, government imposed travel restrictions (at our origin or at your destination) and so forth.

If any one or more of the provisions of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not be affected in any way or impaired thereby.

Failure by StayHere to enforce any provision of these Terms at any time shall not be construed as a waiver of StayHere’s right to enforce the breach of such provision or any other provision in these Terms, or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.

All notices, demands or other communications required to be given or made to StayHere shall be made in writing by email email address as set out hereunder

Email: customercare@stayhere.asia