General Terms and Conditions of Service

For SD Guthrie Elaeis Gardens Sdn Bhd

SD Guthrie Elaeis Gardens Sdn Bhd (Company Registration No. 197401003911 [21025-P]) ("Guthrie", "we", "us", or "our") is a company existing under the Companies Act 2016 of Malaysia, and the operator of the https://www.elaeisgardens.com/ website ("Website"), and properties for accommodation and hospitality purposes under the "ELAEIS GARDENS" brand (collectively "Properties").

1. Acceptance of Terms

1.1. By accessing and using the Website and the Services (defined below), you agree to be bound by these terms and conditions ("Terms") and our privacy notice (https://www.sdguthrie.com/privacy-notice) ("Privacy Notice"). We may from time to time but before confirmation of your booking of a Service, communicate to you through the Website or other means separate terms and conditions relating to the Services or Properties ("Specific Terms"). By using the Services, you further agree to be bound by the Specific Terms. The Specific Terms will form part of and be read together with these Terms. In the event of any inconsistency between them, the Specific Terms will prevail to the extent of such inconsistency.

1.2. You warrant that you are of sufficient legal age and capacity to access and/or use the Website and the Services in accordance with these Terms and to create binding legal obligations in relation to such access and/or usage.

1.3. If you do not agree with any part of these Terms, you must not use our Website or make any bookings for Services.

2. Services Offered

2.1. The services we offer at our Properties include, but are not limited to:

  1. accommodation (such as executive rooms, heritage bungalows, dormitories, etc.);
  2. golf and sports activities;
  3. educational visits and tours;
  4. venue hire; and
  5. food and beverage,

(collectively, "Services" and individually, "Service")

2.2. Bookings for our Services may be made via the Website, which will provide information, pricing, and online booking facilities, or by contacting our representatives via phone or email.

2.3. Bookings made on the Website must be strictly for yourself and your guests. All reselling of bookings whether made online or offline to third parties including online agents, travel agents, or third-party owned websites are prohibited.

3. Booking Terms

3.1. Booking Confirmation

  1. Subject to provisions of these Terms, a booking for a Service is considered confirmed and a binding:
    1. where pre-payment is required, when we have received the requisite payment, and issued a written booking confirmation or itinerary, in respect of such Service; or
    2. where pre-payment is not required, when we have issued a written booking confirmation or itinerary in respect of such Service.

3.2. Pricing and Payment

  1. The prices for the Services ("Prices" or "Price") will be as indicated to you on the Website during the booking confirmation stage of the online booking process, or as otherwise made known to you by our representatives if booking is made by other means.
  2. All Prices are quoted in Ringgit Malaysia (RM) and are inclusive of taxes. For the avoidance of doubt, Prices will also be inclusive of tourism tax which may be applicable to foreign tourists.
  3. Prices are subject to change without prior notice, but any change will not affect confirmed bookings.
  4. The Price will not include any other Service, feature, or item that were not offered during your booking of a Service.
  5. Prices take account of the taxes applicable on the day of booking. Any change of rates on applicable tax will automatically be reflected in the Price on the date of billing.
  6. The Price must be paid by the methods as indicated on the Website or other means communicated to you during the booking process.
  7. If you have not pre-paid for your Service, we may request you to provide a deposit or an authorisation to debit your credit / debit card to guarantee payment of the Price in respect of the Service together with a fixed sum (as may be determined by us) to cover any other Service procured by you at the Property.
  8. If you check out or leave any of our Properties without fully settling all sums payable, you expressly and irrevocably authorise us to charge the outstanding amount to your credit / debit card on our records.

4. Cancellation, Modification, No-Show and Refund Policy

4.1. All confirmed bookings are non-cancellable and non-modifiable unless expressly permitted by us. We reserve the right to forfeit or claim from you any sum payable for a confirmed booking for any purported cancellation or failure to show up for the Service on your end.

4.2. Where cancellation and/or modification of a confirmed booking is permitted, the following will apply (in addition to other terms and conditions we may specify):

  1. Cancellation or modification requests must be made in writing via email to ecogardens@sdguthrie.com or to our representative as set out in the Event Contract;
  2. For cancellations, the following cancellation fees will apply based on when your cancellation request is received:
    Timing of Cancellation (Prior to Check-in/Event Date) Cancellation Fee (% of Total Booking Value)
    30 days or more Full Refund
    Between 14 and 7 days 50% of total booking value
    Less than 3 days (or No-Show) 100% of total booking value
  3. Any reduction in guest numbers or room nights may be treated as a partial cancellation and subject to pro-rated cancellation fees as outlined in Clause 4.

4.3. Notwithstanding any provision to the contrary in these Terms, we reserve the right at any time to modify or cancel any booking, refuse entry to the Properties, or cease provision of any Service, if you have or are suspected to have, breached the Terms or procured a Service for fraudulent, illegal, or unauthorised purposes.

5. Check-in and Check-out

The check-in and check-out times of our Properties shall be as follows:

  • Check-in Time: 3:00 PM on the first day of Service
  • Check-out Time: 12:00 PM on the last day of Service
  • Early check-in or late check-out is subject to availability and may incur additional charges.

6. Force Majeure (Unforeseen Circumstances)

6.1. Neither party will be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by an event beyond reasonable control ("Force Majeure Event"). Force Majeure Events include, but are not limited to, acts of God, extreme weather, natural disasters, epidemics, pandemics, government shutdowns, war or civil unrest.

6.2. If a Force Majeure Event occurs:

  1. we will attempt to reschedule your booking at no additional cost to you; or
  2. if the rescheduling is impossible, we may offer a credit for future use or a refund, minus any unrecoverable costs incurred by us up to the date of the event.

7. Use of the Website and the Services

7.1. You must strictly adhere to our safety guidelines, policies, rules, and instructions as will be made known to you during the course of the Services. These safety guidelines, policies, rules and instructions form part of the Specific Terms and any failure to adhere will be deemed a breach of the same.

7.2. You must use the Website and the Services in compliance with applicable laws and these Terms.

8. Intellectual Property

8.1. All copyrights in the Website (including text, graphics, logos, icons and sound recordings) are owned by or licensed to us and protected under the Malaysian Copyright Act 1987.

8.2. Any redistribution or reproduction or other use of part or all of the contents in any form in the Website is prohibited other than the following:

  1. You may print or download to a local hard disk, extracts for your personal and non-commercial use only;
  2. You may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material;
  3. You may not, except with our express written permission, adapt, reproduce, distribute and/or create derivative works from any part of the Website or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

9. Limitation of Liability

9.1. To the fullest extent permitted by law, you agree to waive any claim for any direct, indirect, incidental, or consequential damages, including loss of profits, arising from:

  1. your access to or use of the Website;
  2. any inaccuracies or errors on the Website, or in information provided by you to us when booking and using the Services;
  3. any negligence, breach, act or omission of third parties; or
  4. any injury, loss, or damage to persons or property arising from or related to your usage of our Services on our Properties, except in cases of our gross negligence or wilful misconduct.

10. Website Disclaimer and Cookies

10.1. The information contained on the Website is for general information and online booking purposes only. The information is provided by us and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We may modify or discontinue the Website or any of its information, features and/or Services featured on the Website at any time, without notice and any liability whatsoever to you or any third party.

10.2. Through the Website you are able to link to other websites which are not under our control ("Third Party Sites"). We have no control over the nature, content and availability of those Third Party Sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within Third Party Sites. You may not create a link to the Website from another website or document without our prior written consent.

10.3. Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for and will not be liable for the Website or its online services being temporarily unavailable due to technical issues beyond our control.

10.4. Cookies

  1. A cookie is a small file which asks permission to be placed on your device computer's hard drive. Once you agree, the file is added and the cookie helps to analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
  2. Please read the Privacy Notice under the "Cookies" section on further details on the types of cookies or similar technologies that we use, the purposes of the cookies and how you can change your cookie preferences.

10.5. Personal Data

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to provide the Services and fulfil our obligations under these Terms. We may also use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, in accordance with the Privacy Notice.

11. Indemnification

You agree to indemnify, defend, and hold harmless Guthrie and its affiliates, and their officers, directors, and employees from and against any and all claims, damages, costs, and expenses (including legal fees) suffered by Guthrie and its affiliates arising from your use of the Website or our Services.

12. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Malaysia. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia for any dispute or matter arising out of or relating to these Terms.

13. Amendments

We reserve the right to revise and amend these Terms and our Privacy Notice at any time. The updated Terms or Privacy Notice will be posted on this page or may be made known to you by other means and will take effect upon the effective date stated therein. Your continued use of the Website and Services will constitute acceptance of the updated Terms or Privacy Notice.

14. Severability

In the event of the invalidity of any provision of these Terms, you agree with us that such invalidity will not affect the validity of the remaining provisions of these Terms, and you agree to substitute for such invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

15. Independent Contractors

You agree that no joint venture, partnership, employment or agency relationship will arise between you and us (and our Properties) due to your use of the Website and the Services.

16. Contact and Customer Service Information

For any questions regarding these Terms and the Services, please contact us through the customer service form on the Website or as below:

Elaeis Gardens Customer Service

Email Address: ecogardens@sdguthrie.com

Office Line: 03-33266222

Business Line: 019-6277258

Fax: 03-3326 6200

Address: SD Guthrie Elaeis Gardens Sdn. Bhd., Golden Hope Academy 42960 Pulau Carey, Selangor