These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the "service") are owned, operated and provided by Promenade Hotel Apartments Sdn Bhd ("www.promenadeapartment.com.my", "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Scope of our Service
Through the website we (www.promenadeapartment.com.my and its affiliate (distribution) partners) provide an online platform through which all types of accommodations at its said property providers (ie. Promenade Service Apartments, Marina Court Resort Condominium & Colonnades Resort Condominium), can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through www.promenadeapartment.com.my, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.
Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Prices and Best Price Guarantee
All prices on www.promenadeapartment.com.my are per room for your entire stay and are displayed including Government Service tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.
Sometimes cheaper rates are available on our website for a specific stay at a property, however, these rates made by accommodations providers may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
www.promenadeapartment.com.my uses high ethical standards and respects your privacy. Save for disclosures required by law in any relevant jurisdiction and the disclosure of your name, email address and your credit card details for completing your booking with the relevant property of your choice, we will not disclose your personal information to third parties without your consent. However, we reserve the right to disclose your personal information to our affiliated (group) companies, including our and our affiliated (group) companies´ employees and our trusted agents and representatives who have access to this information with our permission and who need to know or have access to this information to perform our service (including customer services and internal (audit/compliance) investigation) to and for the benefit of you.
Why we process your personal data
www.promenadeapartment.com.my processes your personal data for the following purposes:
1) Making reservations via the Website.
2) Evaluating your stay at a location booked through the Website, and placing this evaluation on the Website (only with your consent).
3) Informing you about interesting offers (only with your consent).
We may also use your personal data to detect fraud and/or other illegal acts aimed at www.promenadeapartment.com.my.
The accommodation you booked
For the purpose of completing your booking we will disclose your name, contact details and the credit card details to the relevant property provider with which a booking is made. We will only provide those elements to the property provider that are required for it to process your reservation.
From time to time, we may use third party service providers as data processors for the purposes specified above. For example, we may use service providers to send reservation information to accommodations electronically. Processing by these third parties takes place under our instruction. These parties are bound by data processing agreements and confidentiality agreements.
We may share and disclose your personal details and information to a government or investigative authority if required by law (or any regulation having the force of law), legal process, criminal investigation, court order or subpoena. www.promenadeapartment.com.my may also disclose your personal data if it is strictly necessary for the prevention, detection and prosecution of criminal acts.
In accordance with European data protection laws, strict security procedures are observed within www.promenadeapartment.com.my to prevent personal data misuse and unauthorized access.
In order to protect and safeguard the personal data provided to us, we have implemented and use appropriate business systems and procedures. Furthermore, we have implemented and use security procedures and technical and physical restrictions for accessing and using personal information. Only authorized employees are permitted to access personal information for performing their duties in respect to our services.
Your credit card details will be stored by us for a maximum of 10 days after a booking is made. After that period, your credit card data will be irrevocably deleted from our systems, unless you have stored your credit card details in your personal account.
Changes to this statement
4. Credit Card
www.promenadeapartment.com.my requires credit card details in order to guarantee your reservation. As such, we will send your credit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.
For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (email@example.com). Please state ´credit card fraud´ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using www.promenade apartment.com.my secure server and the unauthorized use of your credit card resulting through no fault of your own while using the secure server.
By making a reservation with Promenade’s property providers, you accept and agree to the relevant cancellation and no-show policy of that property, and to any additional (delivery) terms and conditions of the property that may apply to your reservation or during your stay, including for services rendered and/or products offered by the property. The general cancellation and no-show policy of each accommodation provider is made available on our website on the HOTEL POLICY page and during the reservation procedure. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
If you would like to review, adjust or cancel your reservation, please contact us at firstname.lastname@example.org. Please note that you may be charged for your cancellation in accordance with the property provider’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the property provider carefully prior to making your reservation.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by www.promenadeapartments.com.my, its suppliers or providers.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Malaysia Cyber law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Malaysia.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Last updated: May 2013