Terms & Condition
You are advised to read and understand the terms and conditions stipulated under Tenancy Service Agreement (“TSA”) before confirming your Reservation at Malihom Private Estate as Homestay Guests and/or Day Guests.
By confirming your Reservation, you have understood and agreed to all terms and conditions stipulated under this TSA.
TSA TERMS AND CONDITIONS
The Guest agrees to rent for a specific duration, whole or any individual part/area of the Premise at Malihom Private Estate, located at Kiri N/T 168, Bukit Penara, Mukim 6, 11000 Balik Pulau, Penang (“Malihom”) from Malihom Sdn Bhd (“The Company”), CNR: 88297-V.
The Guest (includes Guest, Guest’s relative(s)/ invitee(s)/ Guest(s)/ client(s) and/or any persons occupying/ staying/ visiting under the Reservation of the Guest) shall be entitled to utilize/ occupy/ stay/ visit Malihom/whole or in individual part of the Premise and the general services provided by The Company upon confirmation of the Reservation (also referred to as “Reservation”) and shall be subject to the terms and conditions set herein.
The Company agrees to rent for a specific duration, whole or any individual part/area of the Premise at Malihom and shall provide general services upon confirmation of the Reservation by the Guest.
The Reservation shall be confirmed upon payment of Reservation deposit by the Guest. Payment of Reservation deposit shall be made to either to The Company or its online Reservation link/ registered booking Agents/ representatives.
Guest renting the Barn(s) for a specific duration of 1 or more nights shall also be referred to as “Homestay Guest”. Specific duration for Homestay Guests is the Reservation period commencing from Reservation Commencement Date to Reservation Expiry Date.
Guest renting/visiting the Premises for a specific duration on Day basis in block hours either from 7.00am – 10.30am; 11.30am – 2.30pm; 7.00pm – 10.30pm and/or 7.00am – 12.00am shall be referred to as “Day Guests”. The block hours mentioned herein are the specific duration for Day Guests.
Reservation rates shall be quoted in accordance to the rental of either whole or part of the Premise over the specific duration and the number of Guests occupying/staying/visiting Malihom. Reservation rates are indicated on The Company’s website (www.malihom.com), The Company’s online Reservation link, and/or shall be quoted by The Company and/or its employees/ Booking Agents/ Agents/ Representatives. (herein referred to as “Facilitator”).
Full prepayment of Reservation deposit, is required upon confirmation of the Reservation by Guests, unless otherwise agreed by The Company for a deferred payment. Reservation deposit shall be offset against the Reservation rate.
Premise consist of, but not limited to the grounds, buildings, structure, Barn(s), decking area, room(s), conference room, garden, facilities and the appurtenances situated/provided at Malihom. The Premise shall be rented fully furnished on an “as is” “as available” basis as a whole (entire Malihom) or in part(s) (such as renting a barn, room, facilities and/or grounds).
With exception to the Barn(s) which shall be allocated by The Company to Homestay Guests and the Conference room, all other areas of the Premise are deemed common areas and shall be shared with other Guests of The Company.
The Company shall provide General Services to the Guests, includes cleaning and maintenance of Premise, serving and convenience services.
Terms and Conditions for HOMESTAY GUESTS
Reservation Commencement date shall be referred as Check-In date (from 2.00pm).
Reservation Expiry date shall be referred as Check-Out date (by 12.00pm).
The Company shall at its discretion reserves the right to allocate specific Barn(s) to Homestay Guests during the Specific Duration. Request to occupy specific Barn(s) by Homestay Guests shall be accommodated subject to rates and availability.
Barn occupancy/accommodation terms shall be as follows:
Single Occupancy: 1 Adult or 1 Child 6 years & above.
Double Occupancy: 2 Adults; or 1 Adult + 1 Child 6 years & above.
Triple Occupancy: 3 Adults; or 2 Adults + 1 Child 6 years & above.
Child 6-11 years sharing bed: kindly request from management (maximum of 1 child per Barrn).
Child 5 years & below sharing bed: FOC (maximum of 1 child per Barrn).
Vacant possession of the Barn(s) shall be delivered to the Homestay Guests at the commencement of the Specific Duration. All Barns at Malihom are individual in features/design and are different in size, layout and furnishing. The Guests shall have right to occupy the allocated Barn(s) and utilize the common areas of the Premise on shared basis with other Guests over the Specific Duration of the tenancy.
All Homestay Guests shall enjoy daily 3 complimentary meals (breakfast, lunch & dinner – beverage such as coffe, tea, soft drinks and alcohol are not included) during the specific duration.
Complimentary meals shall be planned and provided by The Company at The Company’s own discretion and conditional on availability of ingredients. Any specific meal request (such as vegetarian meals) shall be accommodated within reason. Any unconsumed meals shall not be refunded or replaceable. Take-out/packed meals are not included.
Homestay Guests shall have the option to extend or renew the TSA subject to Barn(s) availability based on rates prescribed by The Company. Rental rates shall be settled in advance, unless at the discretion of The Company, rates shall be settled on or after Check-Out date.
Homestay Guests shall have the option to invite Day Guests to visit Malihom subject to terms and conditions as stipulated below.
If the allocated Barn(s) are unsuitable for occupancy within reason, Homestay Guests can request to relocate to another Barn(s), if available.
Terms and Conditions for DAY GUESTS
The Guests shall have right to utilize the common areas of the Premise on shared basis with other Guests over the specific duration of the Reservation.
The Company reserves the right to allocate/relocate Day Guests to another area for dining/meeting/assembly at The Company’s discretion.
special menu or group dining (varying from the Complimentary Meals) may be subject to additional expenses chargeable to the Guests. Kindly check special menu rates with The Company.
The Premise shall be occupied/utilized by the Guests for lawful purposes only.
If the Premise is unsuitable for occupancy/stay/visit due to unforeseen circumstances on/before/during the specific duration, The Company reserves the right to terminate the Reservation and The Company shall refund the Reservation deposit paid by the Guests based on prorated value of unoccupied specific duration.
All Appurtenances including but not limited to furniture, utensil, electrical, electronics, bedding items, floor coverings, items of decoration, fittings and fixtures shall at all times remain the property of The Company and are not to be damage/misuse/vandalize and/or removed/taken out from Malihom. All Appurtenances are to be remain/return to the original condition subject to wear and tear upon expiry of the tenancy/vacating the Premise.
Any intentional/unintentional damages/misuses/vandalism and/or removal/taking of the Appurtenances of Malihom, The Company at its discretion reserves the right to charge/claim against the Guests the full/replacement/repair value of the Appurtenances on or before the check-out/visiting or within 15 Days subsequent to the Guests check-Out/ visiting date by notifying the Guests via email of the charge/claim.
The Guests agree and shall allow The Company’s employees or contractors of to enter the Premise at reasonable time for purposes of cleaning/repair/maintenance/replace Barn items during the term of the Reservation.
Costs of additional/other services/ purchases/ rental/ goods including but not limited to rental of vehicle/ bicycle/motorbikes/ Premise for event(s) (such as function(s)/party(ies)/celebration(s)/team building activities/conference(s)), Goods (such as merchandize/ products/ meal(s)/ food/ beverage/ special menu) and/or services (such as massage/spa/ transfer/ tours/ outings/ activities/ recreational activities) (herein referred to as “goods/services”) provided by The Company and/or the Facilitator to the Guests shall be claimable/ chargeable by The Company to the Guests equivalent value of the quoted/invoiced rates for the goods/services. Unless otherwise agreed by The Company,
The Company at its sole discretion shall have the option to waive any or all of the Reservation and/or goods/services rates and shall provide the Reservation and/or goods/services on complimentary basis (herein referred to as “complimentary item”).
All Guests shall be mindful of other Guests occupying/visiting Malihom and shall act with consideration to maintain the peaceful enjoyment of Malihom by all.
No pets are allowed on Malihom unless consent is obtained from Malihom. All risk and wellbeing of the pets shall be responsibilities of the Guests. Any intended/unintended misbehavior/ misconduct (not limited to damages/vandalism) caused by the pets and/or its owners to the property of Malihom/Appurtenances/flora, The Company shall reserve the right to charge the full/replacement/ repair/replanting value on the Guests on or before the check-out/visiting date or within 15 Days subsequent to the Guests check-out/visiting date.
Guests shall not conduct professional/nonprofessional photo/movie shoot at Malihom/the Premise without the consent of The Company. All photo/movie shoot at Malihom/the Premise will required location image consent by The Company prior to conducting a photo/movie shoot and/or printing/posting/downloading on/in to any private/public software/hardware/virtual media/media/ publication/album/video. Location image consent fees are applicable/chargeable unless otherwise waived by The Company. All photo/movie shoot conducted at Malihom/The Premise and/or the property of the Guest shall be used/conducted/stored/mounted at the Guests own risk.
Cancellation Policy - Malihom operates a free cancellation policy if booking is cancelled 7 Days before arrival except for the periods from 24 December – 01 January when 14 Days is required. For group Reservations of more than 3 Barns, 14 Days is required. If Guest change or cancel the Reservation less than 7 or 14 Days prior to arrival, 1 night charge will incur. Malihom will not be able to refund any payment for no-shows.
Re-scheduling check-in/check-out dates shall be allowed subject to availability of Barn(s). The number of consecutive specific duration shall remain unchanged. A minimum of 7 or 14 Days advance notice is required, no re-scheduling fee will be imposed. Less than 7 or 14 Days advance notice, a re-scheduling fee of 1 night Reservation rates will be chargeable.
To preserve the land, its wildlife, flora and fauna in their natural environment, Malihom and/or the Premise may not contain safety features that Guests may be used/comfortable/familiar with. The Guests must ensure that they exercise caution when staying/ visiting/ entering/ driving to Malihom.
Guests arriving by own transportation/vehicle at Malihom must exercise caution when driving/maneuvering on Malihom private road/path and/or if assistance is required from The Company’s employees to maneuver the vehicle on Malihom’s private road, The Company and/or the Facilitator accept no responsibility for damage/loss/injury to vehicles and/or the Guests whilst driving/maneuvering/ parking on Malihom private road/grounds/the Premises. Driving/maneuvering/parking the vehicle in/at Malihom are at the Guests own risk.
As the ordinary or otherwise, the Guests renting/ utilizing/ subscribing/ consuming/ purchasing whole or any part of Malihom/the Premise, Complimentary Provision (includes Complimentary Items and Complimentary Meals) and/or Goods/Services provided by The Company, the Proprietor and/or the Facilitator is outside the control of The Company and/or the Facilitator, no representation or warranty, expressed or implied, is made as to the use(s)/safety/ effectiveness/ accuracy/ applicability/ fitness/ functionality/ consumable and/or the results obtained. Malihom/the Premise, Complimentary Provision and/or Goods/Services are provided “as-is”, “as available”. The Company, the Proprietor and/or the Facilitator expressly disclaims responsibility as to the ordinary or otherwise use(s)/ safety/ effectiveness/ accuracy/ applicability/ fitness/ functionality. Furthermore, nothing contained herein and/or in all The Company, the Proprietor and/or the Facilitator’s vocal/printed/ electronic/email/website/publication on/via Brochure(s)/E-flyer/advertisements/correspondences/verbal advice are to be construed as a recommendation by The Company, the Proprietor and/or the Facilitator as to the fitness for any use/ functionality/ utilization/ occupancy/ consumption. Any potential results that are discussed on/ through/ via Brochure(s)/ advertisements/ correspondences/ verbal advice by The Company and/or the Facilitator are general guides only and should not be construed as conclusive/definitive.
The Guests agrees and shall ensure that they are aware that they enter, rent and/or utilize Malihom/whole or part of the Premise/Estate surrounding grounds or areas at the Guests’ own risk and The Company, the Proprietor and/or the Facilitator shall and will not be liable to any Guests’ for any special/incidental/consequential injury, damages, death, illness and/or loss/damage (including but not limited to business/financial loss or goodwill) to their property suffered by the Guests in any manner howsoever arising, whether directly or indirectly from their Reservation/travels/transfer/drive/occupancy/stay/tenure/visit/activities/ outings/tour at/to any or all parts of Malihom/the Premise/Estate Surrounding Grounds whether by omissions, breach of contract, breach of warranty, tort, negligent acts, Goods/Services liability or otherwise, (even if advised of the possibility of such damages/dangers/negligence) arising on The Company, the Proprietor and/or the Facilitator’s part/action. This exclusion of liability will also cover the purchasing/subscription/ consumption/rental/engagement, of any Complimentary Provision and/or Goods/Services occurring or arising out of any indoor/outdoor activities/provisions and/or Goods/Services carried out within and outside Malihom/the Premise by The Company, the Proprietor and/or the Facilitator. All Guests are further advised to ensure that their properties/valuables are kept safely as The Company, the Proprietor and/or the Facilitator cannot be held responsible to any Guests for any loss of their property (including but not limited to loss by theft and/or misconduct/mishandling/accidental damage(s)/loss). Malihom/the Premise, Complimentary Provision and/or the Goods/Services would not be provided without such limitations and Guests fully agrees to use the information and/or Malihom/the Premise, Complimentary Provision and the Goods/Services solely at the Guests own risk.
The Company and/or the Facilitator cannot guarantee the Guests’ success or experience during their Reservation Specific Duration and/or any Goods/Services rendered at Malihom, in any particular endeavour. What works for others or satisfaction experienced by others, may not be true for another.
The Guests further agrees to indemnify and keep indemnifed The Company and/or the Facilitator for any claims brought by or on behalf of the Guests for any actions, proceedings, claims, costs, charges, expenses, demands, death, injury, illness, losses and/or loss/damage to Guests’ property against The Company, the Proprietor and/or the Facilitator.
The Guests shall ensure that all the terms of this agreement, including the exclusion of liability and obligations on their part are made known to any persons occupying/staying/visiting/invited under the Reservation of the Guest including the Guests’ Invitees/Relative(s)/ Dependant(s)/ Friend(s)/ Employee(s) and are to be performed by the Guests, the Guests’ Invitees/ Relative(s)/ Dependant(s)/ Friend(s)/ Employee(s) and/or any persons occupying/staying/visiting/invited under the Reservation of the Guest.
All rates/quotes/pricing (includes but not limited to Rental/Reservation and/or Goods/Services) are subject to a 10% service charge.
Unless otherwise agreed by The Company, all payments due/expenses due/balance outstanding amounts shall be settled/paid by The Guests on or before the Check-Out date or before Vacating/Departure Date/leaving the Premise.
The Company may at its own discretion agree/allow payment of Reservation Rates and/or Goods/Services by the Guests to be deferred. Nevertheless, all deferred payments and/or balance outstanding due are required to be settled within 30 Days from Check-Out/Vacating/Visiting Date. At the discretion of The Company, any further deferment by the Guests (subsequent to 30 Days from Check-Out/Vacating/Visiting Date) to pay/settle the deferred payment/balance outstanding due, The Company shall charge a 10% per month penalty fee in addition to the payment/balance outstanding due.
The Company reserves the right to terminate this Tenancy Service Agreement upon breach of any terms & conditions herein.
All Payments (including Reservation Deposit) shall be transacted/made/charge either via:
Online Credit Card payment (Mastercard & Visa).
Credit card payment via MOTO (manual transaction) (Mastercard & Visa).
All cheques shall be made payable to “Malihom Sdn Bhd”.
Alternatively, payment can be made via bank telegraphic transfer payable to : Malihom Sdn Bhd (Bank: CIMB Bank Bhd, Menara BHL Branch, A/C No.: 80-0429741-1).