5.1 Force Majeure Event
Notwithstanding anything to the contrary contained herein, a Host or a Customer may cancel a booking if he is prevented from completing a booking by any of the following Force Majeure Events:
(a) Acts of God and natural disasters: such as floods, tsunamis, fire, volcanic eruptions, earthquake, large-scale outages of essential utilities and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location and/or during a particular time or season, for example rain during monsoon season in Pulau Tioman.
(b) Military actions and other hostilities: such as war, hostilities, invasions, terrorism, explosions, bombings, rebellions, riots, strikes, insurrections, civil disorders and civil unrest;
(c) Declared emergencies and epidemics: such as government declared local or national emergencies, epidemics, pandemics and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii;
(d) Travel restrictions imposed by the government or a governmental agency that prevent or prohibit travelling to, staying at, or returning from the location of the Accommodation or Activity. This does not include non-binding travel advisories and similar government guidance; and
(e) Changes to government travel requirements such as unexpected changes to visa or passport requirements imposed by a government or a governmental agency that prevent travelling to or returning from the location of the Accommodation or Activity. This does not include lost or expired travel documents or other personal circumstances relating to a Customer’s authorization to travel.
5.2 Other Circumstances
Only cancellations due to the Force Majeure Events described above are allowed under this section. Everything else is excluded. Examples of situations that this section does not allow cancellations for include unexpected disease, illness, or injury; government obligations like court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Force Majeure Event like road closures, as well as flight, train, bus and ferry cancellations.
For the avoidance of doubt, a Force Majeure Event shall not include the novel coronavirus disease (COVID-19) pandemic, which is presently ongoing, and any consequences or situations arising from COVID-19 as they are no longer unforeseen or unexpected. You hereby acknowledge and agree that in the event that a booking is cancelled by the Host or Customer, or otherwise cannot be completed due to any reasons or circumstances related to or arising from COVID-19, no refund shall be applicable and you and the Host or Customer, as the case may be, shall reschedule your booking through GoWaus at no additional costs. You hereby further acknowledge and agree that if a booking cannot be rescheduled to a date and time within twelve (12) months of the Check-In Time, the booking shall be cancelled and the Total Charges (or any sums already paid by the Customer pursuant to the booking) shall be converted to a voucher which may be used by the Customer toward the booking of any new Accommodation or Activity on the Platform, and thereupon the contract between the Host and the Customer shall cease to have any effect. If requested, you must provide documentation that shows how COVID-19 has impacted you or your booking.
5.3 Cancellation due to Force Majeure Event
If we notify you or publish information confirming that a Force Majeure Event applies to your booking, please follow the cancellation instructions that we provide. If you believe that a Force Majeure Event applies to your booking but we have not notified you or published information about the Force Majeure Event, please contact us at the email provided in the “Contact Us” section below to cancel your booking. In all cases, you should be prepared to provide documentation that shows how the Force Majeure Event has impacted you or your booking.
5.4 Consequences of a Force Majeure Event
If the booking cannot be completed due to a Force Majeure Event, the Total Charges (or any sums already paid by the Customer pursuant to the booking) shall be fully refunded to the Customer and for this purpose GoWaus shall be irrevocably authorised to release to the Customer any such Total Charges already paid and thereupon the contract between the Host and the Customer shall cease to have any effect and become null and void, and neither GoWaus, the Host or the Customer shall have any further claim whatsoever against one another save and except for any antecedent breach of the Terms. Hosts that are impacted by a Force Majeure Event can cancel without having to pay any Cancellation Fee and without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled booking.