LetsGoHoliday Terms and Conditions

-Last Updated on December 2016-

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) 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 reservation service provided on these pages and through the website are owned, operated and provided by Letsgoholiday.my and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

Definitions

"LGH", "us", "we" or "our" means Letsgoholiday.my an online reservation Platform powered by Softinn Solutions Sdn Bhd (‘Softinn’), a private limited liability company incorporated under the laws of Malaysia, and having its registered address at No.19A-2, Jalan BBU 2, Taman Bukit Beruang Utama, 75450 Melaka, Malaysia.

"Platform" means the (mobile) websites and / or app on which the Service is made available owned, controlled, managed, maintained and/or hosted by LGH.

"Service" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Merchant on the Platform.

"Merchant" means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast), and any other travel or related product or service as from time to time available for reservation on the Platform.

Scope of our Service

Through the Platform, we (LGH and its affiliate (distribution) partners) provide an online platform through which Merchant can advertise their products and service for reservation, and through which visitors of the Platform can make such reservations (i.e. the reservation service). By making a reservation through LGH, you enter into a direct (legally binding) contractual relationship with the Merchant with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Merchant, transmitting the details of your reservation to the relevant Merchant(s) and sending you a confirmation email for and on behalf of the Merchant.

When rendering our Service, the information that we disclose is based on the information provided to us by Merchants. As such, the Merchants are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, 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 Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Merchant remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Merchant (or its facilities, venue, products or services) made available.

Our Service is 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, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

Special Requests

In the event of any special requests (for example: extra blanket, late check in, rooms to be easily accessible by wheelchair, change of name, change of date, or equivalent), you can insert the request when making a reservation on the Platform or contact the Merchant directly (as applicable). The request will be addressed at the Merchant’s and Softinn’s discretion, based on availability and other factors.

Prices

The prices on our Platform are highly competitive. All room prices are per room/per unit of accommodation for your entire stay and all prices are displayed including GST/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Applicable fees and taxes (including tourist/city tax) may be charged by the Merchant in the event of a no-show or cancellation fee. Applicable taxes may be charged by the Merchant in the event of a no-show or cancellation fee.

Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Merchant may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant product, service and reservation conditions and 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.

Privacy and cookies

LGH respects your privacy. Please have a look at our privacy and cookies policy for further information (https://www/letsgoholiday.my/Page/PrivacyPolicy).

Free of charge

Our service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.

End user is given 36 hours (from the time a booking is created) to make full payment to Softinn in order to secure the booking. After the end user has consummated the service or product of the Merchant or after the guest has stayed at (and paid) the accommodation, Softinn will remit the net amount (after deducting a small percentage of the product price (e.g. room price)) to the Merchant following Softinn’s Merchant pay-out practice.

Credit card or bank transfer

LGH facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Merchant. Please note that payment is made upfront by wire transfer (online bank transfer, cash deposit machine) or by credit card upon making the reservation. Payment is safely processed from your credit/debit card or bank account to the bank account of the Softinn through a third party payment processor. The visitor has the sole responsibility to ensure that the correct amount of the payment is transferred to Softinn. LGH or Softinn will not be held liable or responsible for any excess amount transferred by the visitor to Softinn’s bank account.

For payment made by types other than credit/debit card, the visitor is required to provide the proof of payment in email to our email at [email protected], together with the unique reservation code (RV code).

Any payment facilitated by us for, and transferred to the Merchant will in each case constitute a payment of (part of) the net booking price (amount received deduct the agreed commission) by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. You will not hold LGH or Softinn liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Merchant and not (re)claim any amount for any valid or authorized charge by the Supplier (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

Pre-payment, cancellation, no-show and fine print

By making a reservation with a Merchant, you accept and agree to the relevant cancellation and no-show policy of that Merchant (or agree to LGH’s cancellation and refund policy in the event the Merchant lacks of one: refer to the LGH’s cancellation policy: letsgoholiday.my/Page/FAQs), and to any additional (delivery) terms and conditions of the Merchant that may apply to your visit or stay (including the fine print of the Merchant made available on our Platform and the relevant house rules of the Merchant), including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each Merchant is made available on our Platform on the Merchant accommodation listing information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates or special offers are not eligible for cancellation or change. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Merchant and the reservation.

Cancellation and prepayment policies may vary according to Merchant. Please carefully read the fine print (at the bottom of each Merchant page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Merchant (e.g. in respect of, maximum number of person allowed, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted, muslim only or non-muslim friendly, check in / check out time). If the end user breaches any of the policies set by the Merchant, the Merchant has the right to deny the reservation and making no refund to the end user. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Merchant agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Merchant so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Our customer service department may help you if needed with informing the Merchant. LGH and Softinn does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Merchant.

Correspondence and communication

By completing a booking, you agree to receive (i) an unconfirmed email which we may send you shortly upon making reservation, giving you information to proceed to payment within the stipulated time given, (ii) an SMS to your mobile phone at the mobile number that you input during the time of making a booking, giving you information to proceed to payment within the stipulated time given, (iii) reminders in email if you did not proceed to payment upon booking, and (iv) if you have paid within the stipulated time given, a confirmed/paid email & SMS notification with booking ticket, giving you information on your destination, or (v) a cancelled email once the stipulated time given lapsed, or when you wish to cancel your unconfirmed booking (before payment). Please see our privacy and cookies policy for more information about how we may contact you.

LGH disclaims any liability or responsibility for any communication with the Merchant on or through its platform. You cannot derive any rights from any request to, or communication with the Merchant or (any form of) acknowledgement of receipt of any communication or request. LGH cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Merchant.

In order to duly complete and secure your reservation, you need to use your correct email address and contact number. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number.

Any claim or complaint against LGH or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

Disclaimer

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 Merchant as made available on our Platform, (iii) the services rendered or the products offered by the Merchant or other business partners, (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 Platform, or (v) 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 Merchant or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

We are facilitating the payment of the (room/reservation) price, you agree and acknowledge that the Merchant is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) price to the relevant tax authorities. LGH is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price to the relevant tax authorities. LGH does not act as the merchant of record for any product or service made available on the Platform.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that LGH may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as LGH at its discretion sees fit. You are granting LGH a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as LGH at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to LGH publishing and using these photos/images. LGH does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of LGH. LGH disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by LGH at any time and without prior notice.

Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by LGH and Softinn, its suppliers or providers.

LGH and Softinn exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to LGH and Softinn. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

Miscellaneous

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.

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.

About Letsgoholiday.my and Softinn

Letsgoholiday.my is an online reservation platform solely developed and powered by Softinn Solutions Sdn Bhd. Softinn Solutions Sdn Bhd has its headquarters in Melaka, Malaysia. Softinn provides cloud- based reservation system to hotels. Softinn offers also free hotel website to hoteliers (terms & conditions applied). Softinn owns a several online marketplaces which using the same logo of LGH, as stated below:

The support team provides an internal supporting role to and for the benefit of Letsgoholiday.my. Softinn and LGH does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Melaka, Malaysia.