Last Update - 5 September 2020
BY USING OUR SERVICES OR MAKING A BOOKING FOR A STAY AT AN ORMOND GROUP HOTEL OR BY STAYING AT ANY ORMOND GROUP HOTEL YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE YOU PROCEED WITH THE USE OF OUR SERVICES OR YOUR BOOKING.
GENERAL
The following terms and conditions apply to your access and the use our website (https://www.ormondhotels.com),(https://www.tunehotels.com), (https://www.stayatmomos.com/) and/or https://www.thechowkit.com/ (together our “Websites”) or the internet services in our venues (our “WiFi”). (together our Services). By using our Services, you agree to be bound by these terms and conditions without limitation or qualifications. If you do not agree to these terms of use, you must not use our Services.
Your contract is with OMT Hotels Sdn Bhd (formerly known as Tune Hotels Sdn Bhd) (Company No. 200501035610), ECML Hotels Sdn Bhd (Company No. 201701022399), OHG Services Sdn Bhd (formerly known as TP Sepang Sdn Bhd) (Company No. 201101018275) (as applicable) including their respective franchisees, associates, related companies, subsidiaries and affiliates who operate hotels under the Tune Hotels, Ormond and/or MoMo’s brand (“Hotel”) and its employees, officers, agents, suppliers and vendors (collectively referred to as “Ormond Group Hotels”, “Ormond Group”, “we”, “our” and “us”).
The general terms and conditions herein together with the Privacy Policy, Bookings & Cancellations Policy, Fee Schedule & Hotel Schedule and Add-Ons are made available on the Websites (collectively, as may be varied, amended and/or supplemented from time to time, these “Terms and Conditions”) and the booking confirmation issued by any member of the Ormond Group confirming your booking (“Booking Confirmation”) shall constitute a legally binding contract between you and Ormond Group and shall be further supplemented by the internal rules and regulations that apply specifically to the Hotel where you have booked your stay.
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.
For Hotel bookings and stays in the United Kingdom, please refer to our terms and conditions for the respective jurisdictions.
CHILDREN
Our Services are not directed toward children under 18 years of age nor does Ormond Group knowingly collect information from children under 18. If you are under 18, please do not submit any personal information to us.
BOOKINGS
Bookings for the Hotel may be made online at the relevant Website.
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, Paypal, Alipay or online bank transfers for most of our Hotels. The available payment options are displayed during the booking process on our Website. A payment processing fee may apply.
For the payment transactions from our Website handled and processed by Notel Management Sdn Bhd (formerly known as Tune Management Sdn Bhd) for and on behalf of the Ormond Hotel Group, Notel Management Sdn Bhd will assist the Ormond Hotel Group with customer support for issues related to payments such as dispute management, refunds, cancellations and returns if applicable. The Terms and Conditions for payment of such transactions shall be governed by and construed in accordance with the laws of Malaysia without reference to Malaysia conflict of laws rules, and any dispute shall exclusively be submitted to the competent courts in Malaysia.
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 in your registered account (“Booking Confirmation”). If you do not receive your Booking Confirmation(s) within twenty-four (24) hours from the time of booking, please contact us at hello.kl@stayatmomos.com.
You MUST produce your Booking Confirmation(s) 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 Booking Confirmation must be the person staying at the Hotel otherwise we reserve the right not to allow the relevant person who is checking in to proceed with his or her stay at 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)). Ormond Group 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.
Bookings are accepted subject to room availability.
BEST RATE GUARANTEE
Book a room directly on our website - stayatmomos.com, by phone or e-mail to get the lowest rate available.
If you find a lower rate for the same room and dates as your booking, please send us a screenshot with details including website and booking info where you found the lower rate to bookings.kl@stayatmomos.com. We will review and verify the information provided and if confirmed, we will provide you 10% off your booking.
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 in our Website may be inclusive or exclusive of meals and add-ons.
Our prices are based on a ‘dynamic pricing’ model and are set by individual Hotels depending on their booking patters, and will therefore fluctuate depending on supply and demand. 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 service tax or service charge, (as applicable) and/or other similar charges or tax subject to the requirements of the country or location where the Hotel is located. These will be charged at the prevailing rates and are payable in the currency country where the Hotel is located.
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.
TOURISM TAX (TTX)
Pursuant with the Tourism Tax Act 2017, a charge of RM 10.00 per room per night Tourism Tax (TTx) 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 TTx. TTx will be collected at check-in and is payable by cash or credit card. TTx is excluded from room rates.
NO SMOKING POLICY
Ormond Group is committed to providing a smoke-free environment in all our Hotel premises and practices a strict NO SMOKING policy in all our Hotel premises (“Non Smoking Policy”).
Smoking is prohibited in any part of the Hotel premises including but not limited to Hotel rooms, except in any smoking area(s) designated by Ormond Group (if any). Failure to comply with this policy shall entitle us to terminate your booking and stay at the Hotel at our sole discretion and you must leave the Hotel immediately without compensation or reimbursement. You shall be liable for any costs, loss or damage to the Hotel room, premises or property, or incurred by Hotel guests or third party, arising from your failure to comply with this policy and Ormond Group reserves the right to charge you for any such costs, loss or damaged incurred by Ormond Group or any hotel guests or third party.
RESTRICTIONS
You may not bring the following into our Hotels:
- pets (except for registered guide dogs) or livestock;
- pillows, bed sheets, duvets or other items of bedding; and
- any electrical appliances and/or equipment for heating and/or cooking purposes.
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 Ormond Group, without any compensation and/or any reimbursement to you.
CHECK-IN AND CHECK-OUT
All Hotels operate a strict check-in and check-out policy, the times of which vary from Hotel-to-Hotel.
Check-in
Prepaid
If you have prepaid for your booking, your booked room(s) will be held for check-in until 9 a.m. the following day of the scheduled check-in date, after which the booking will be deemed cancelled upon no-show and Ormond Group shall be entitled to release the booked room(s) for the remaining stay dates to other guests. You are required to check- in no later than 9 a.m. of the following day of your stipulated check-in date. No refunds will be provided for any cancelled booking.
Pay On Arrival
If your booking is to be paid upon arrival, your booked room(s) will be held for check-in until 6 p.m. of the scheduled check-in date, after which the booking will be subject to availability upon check-in. Ormond Group shall be entitled to release the booked room(s) for the scheduled check-in date and remaining stay dates to other guests. Please contact the hotel should you need to hold the booking past 6 p.m. of the scheduled check-in date and state your estimated time of arrival.
Check-out
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.
CHANGES AND NON-REFUNDABLE POLICY
Payments made for bookings (including Add-Ons, if any) are strictly non-refundable.
Changes
Change of Guest name on your booking is allowed if made three (3) full days or more before check-in date subject to a fee.
Whilst we will try to assist you to make any changes to your confirmed reservations, we regret amendment requests cannot always be met. Where an amendment can be made, you will be liable for payment of any additional costs incurred by us.
Cancellations
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 treated as a no-show in respect of a booking and will result in the total payment under that Booking Confirmation (including any applicable tax paid) non-refundable and will be forfeited.
Unless otherwise expressly stated, no 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.
SPECIAL REQUEST
If you have any special request, you must advise us at the time of making your reservation. Although we will endeavour to pass any reasonable request on to the relevant Hotel, we regret neither the Ormond Group nor the Hotel concerned can guarantee any request will be met unless we have written to you with specific confirmation that it will. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
OPTIONAL FACILITIES
Luggage Storage
Luggage storage is available only for guests currently staying with the Hotel to store their luggage or other personal belongings before check-in or after check-out, at the Hotel’s option.
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 Ormond Group 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 the maximum storage period allowed, Ormond Group/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. We 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 Ormond Group from any liability in respect thereof.
DAMAGE
You are liable for any damage howsoever caused to the allocated room(s) or to the Hotel premises or property caused by you or any persons in your party (whether or not staying at the Hotel) during your stay. Ormond Group 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 Ormond Group as a result of the aforesaid.
Ormond Group reserves the right at any time to terminate your stay or that of any member of your party due to misconduct, where justified in our reasonable opinion. No refunds will be given and the Hotel nor the Ormond Group shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay being terminated.
Regardless, Ormond Group further reserves the right to commence legal proceedings against you without notice.
RIGHT TO REFUSE ACCOMMODATION
Ormond Group 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 Ormond Group or Ormond Group’s authorised agent or has been tampered with or the Booking Confirmation has been defaced (in which case Ormond Group 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 Booking Confirmation; and
- as permitted under the provisions of these Terms and Conditions.
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 or viruses and other programs that can corrupt or damage your device.
Accordingly, you agree that the owner and/or provider of the WiFi 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, either in the United Kingdom or in any state throughout the world.
LIMITATION OF LIABILITY
Ormond Group is responsible for providing the room(s) stated in the Booking Confirmation(s) and according to these Terms and Conditions. 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, Ormond Group 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 relevant 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.
When staying at any of our Hotel, you may choose to participate in any tour or programme or activity organised by our agents and/or partners (together the “Programme”). Please note that such Programmes may have inherent risks to health and safety and by agreeing to participate in any such Programme, you agree to accept such risk and release Ormond Group from any associated liabilities or eventualities arising, relating or in connection to the Programme booked during your stay at an Ormond Group Hotel or through the Website.
Ormond Group will not be responsible for any loss or damage of property left in Guest’s room and/or the Hotel property at all times. Guests are advised to obtain insurance to cover curtailment, and loss of luggage, personal effects, damages, personal injury and money/valuable belongings.
To the extent permitted by law, Ormond Group do not accept any liability arising out of any occurrences beyond its control including but not limited to acts of terrorism, acts of God, flood, 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 ORMOND GROUP OR THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO THE SERVICES OR THESE TERMS & CONDITIONS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
PRIVACY & DATA PROTECTION
You may visit our Website without revealing any personal information about yourself. However, in order to provide you with the requested information or other services e.g. booking, you may need to provide us with your personal information. Your privacy and trust are important to us.
Please refer to our Privacy Policy, which sets out the terms on which we process any personal data which we receive from you or that you provide to us, which forms part of these Terms and Conditions. By using our Services and making a booking with us, you consent to such processing in accordance with the terms of the Privacy Policy and you warrant that all data provided by you is accurate.
Cookies
Ormond Group uses cookies in our webpages to, amongst other things:
- maintain your session and required details when you browse the Ormond Group Website, during account registration and during the booking process (session cookie)
- collect website usage data for statistical/analytics purposes (analytics cookie)
- direct you to the correct landing page based on your geo-location (geo-targeting cookie)
Please refer to our Cookies Policy, for a description and the purpose of the different types of cookies and other technologies that may be used by the Ormond Group.
COPYRIGHT & TRADE MARKS
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 Ormond Group 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 Ormond Group and their respective owners and may not be used, reproduced or modified without the prior written approval of Ormond Group.
INDEMNITY
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.
DISCLAIMER
The Services provided and all content thereon are supplied “as is” and “as available”. Ormond Group 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, Ormond Group 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.
Ormond Group 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 Ormond Group. We will not be responsible for the content on the linked sites or your use thereof.
GOVERNING LAWS
Any disputes arising out of or related to our Services or these terms & conditions or your contract with Ormond Group shall be handled individually without any class action and is governed by the laws of the country where the Hotel you booked your stay with is located and any disputes shall be settled in the courts of that country.
All other matters concerning or relating to the use of the Services shall be governed by the laws of Malaysia and the Malaysian courts shall have exclusive jurisdiction therein.
CHANGES TO THE THESE TERMS & CONDITIONS
Ormond Group reserves the right to cancel, amend or vary the arrangements and content featured on our Website and/or change, amend, vary or add to these Terms and Conditions at any time without prior notice. Your continued use of our Services will constitute your acceptance of any such cancellation, amendment, or variation.
CONFLICT BETWEEN ENGLISH TEXT AND OTHER LANGUAGE TEXT
If there is any conflict or discrepancy between the English text of these Terms and Conditions and any translation thereof into any other language, the English text shall prevail.