Last Updated: 24 September 2021

 

Please review this Cancellation and Refund Policy (“Cancellation and Refund Policy” or “Policy”), which is incorporated in and forms part of the GoWaus Terms of Service (“Terms”), to understand your rights and obligations with respect to booking cancellations and refunds. We reserve the right to amend this Cancellation and Refund Policy at any time. To the fullest extent permissible under applicable law, your continued use of the Platform or Services, including placing of any bookings, shall constitute your acknowledgement, consent and acceptance of the changes made to this Cancellation and Refund Policy.

1.1 Definitions

In this Cancellation and Refund Policy unless the context otherwise requires or unless it is otherwise expressly provided the following words and expressions shall have the following meanings:

“Accommodation Issue”has the meaning ascribed in Clause 4.2 of this Policy;
“Activity Issue”has the meaning ascribed in Clause 4.3 of this Policy;
“Cancellation Fee”means the cancellation fee payable to GoWaus or a Host, as the case may be;
“Cancellation and Refund Policy” or “Policy”means this Cancellation and Refund Policy;
“Check-In Time” means the time and date on which a Customer is due to arrive at an Accommodation or begin an Activity as stated in the Booking Confirmation;
“Force Majeure Events”means circumstances that occur after a booking is made which were unforeseen at the time of booking and prevent or legally prohibit completion of the booking as detailed in Clause 5.1 of this Policy;
“Host Terms”means the Additional Terms of Service for Host signed between GoWaus and a Host including all amendments and modifications made from time to time and in force;
“Issue”means an Accommodation Issue or Activity Issue, as the case may be; and
“Terms” means the Terms of Service available on the Platform including all amendments and modifications made from time to time and in force.

1.2 Interpretation

Except where the context otherwise requires, or unless this Cancellation and Refund Policy otherwise provides, all terms words and expressions used or referred to in this Policy shall have the same meanings as provided for in the Terms or Host Terms and the principles of interpretation therein shall also apply to this Policy.

1.3 Application

This Cancellation and Refund Policy applies to all Users (both Hosts and Customers) except where expressly stated otherwise.

2.1 Refund Due to Cancellation by Customer etc.

If a booking is cancelled by the Customer, the amount to be refunded to the Customer and the Cancellation Fee to be paid by the Customer to the Host and GoWaus shall be as follows:

Cancellation policy 2.1

2.2 No Show

In the event that a Customer does not check-in at the Accommodation or Activity within one (1) hour of the Check-In Time without informing GoWaus or his Host, the Customer shall be treated as a “no show” and shall not be entitled to any refund.

3.1 Refund Due to Cancellation by Host

 

If a booking is cancelled by the Host at any time, the Total Charges shall be refunded to the Customer in full.

3.2 Consequences of Cancellation by Host

 

If a Host cannot fulfil a booking for any reason, it is their responsibility (and not the Customer’s) to cancel in a timely manner to allow their Customer to adjust their plans.  If a Host cancels a booking, the following consequences will apply:

(a) Cancellation Fee

The Host shall pay GoWaus a Cancellation Fee equivalent to ten percent (10%) of the Total Charges or RM50.00 (whichever is higher). Typically, we deduct the Cancellation Fee from your first Payout after the cancellation. The Cancellation Fee will be waived if you have completed at least ten (10) consecutive bookings without cancelling or in circumstances enumerated in Clause 3.3 below.

 (b) Unavailable/blocked calendar

The Host’s calendar may be blocked, in which case the Host will not be able to accept another booking that overlaps with the cancelled booking.

(c) Customer review

Customers may choose to leave a public review on the Listing if a Host cancels a booking.

(d) Listing suspension or deactivation or Account Termination

If a Host cancels three (3) or more bookings within a year, GoWaus may suspend or deactivate the Host’s Listing. If a Host cancels five (5) or more bookings within a year, GoWaus may terminate the Host’s Account.

3.3 Exceptions to Adverse Consequences

 

The consequences set out in Clause 3.2 above may not apply in the following circumstances:

(a) Force Majeure Events

Hosts may cancel reservations without adverse consequences where they can establish a Force Majeure Event or similar conditions beyond their control which prevent completion of the booking. In determining whether the consequences should be waived, we may consider relevant factors including how timely the Host cancelled the booking after becoming aware they could not host.

(b) Unauthorized Parties

Hosts may cancel bookings without adverse consequences where they reasonably believe, and we confirm based on a review of available evidence such as message threads that the Customer intends to hold an unauthorized party or event in violation of any applicable law, rules or regulations including those rules specified in the Host’s Listing;

(c) Customer’s Intention

Hosts may cancel bookings without penalty under certain circumstances related to the Customer. Some examples include the Customer makes it clear that they will likely break one of the Host’s house rules (e.g. bringing a pet or smoking) or the Listing does not fit the needs of the Customer.

4.1 Refund Due to Accommodation Issue or Activity Issue

 

Notwithstanding anything to the contrary contained herein, in the event a Customer suffers an Accommodation Issue or Activity Issue:

(a) the amount refunded to the Customer will be determined by us in accordance with the policies herein; and

(b) the amount paid to the Host will be reduced by the amount we refund to the Customer, by our Cancellation Fee and by other reasonable costs we incur as a result of the cancellation.

4.2 Accommodation Issue

 

An Accommodation Issue means any of the following:

 

(a) The Host of the Accommodation fails to provide the Customer with reasonable ability to access the Accommodation (e.g. Host does not provide the keys and/or security code and cannot be reached);

 

(b) The Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:

(i) the physical attributes of the Accommodation (e.g. number and size of the beds, bedroom, bathroom, kitchen etc.);

(ii) the physical location of the Accommodation (proximity);

(iii) the availability of special amenities or features represented in the Listing (e.g. decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), electrical, heating or air conditioning systems, accessibility features are missing, not provided or do not function or under construction); or

(iv) whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking.

 

(c) At the start of the Customer’s booking, the Accommodation:

(i) is not generally clean and sanitary (e.g. unclean bedding and bathroom towels);

(ii) contains a safety or health hazard that would reasonably be expected to adversely affect the Customer’s stay at the Accommodation in GoWaus’s judgment; or

(iii) contains pets not disclosed in the Listing, vermin or insects.

4.3 Activity Issue

 

An Activity Issue means any of the following:

(a) The Host refuses or fails to carry out the Activity or arrives more than fifteen (15) minutes past the Check-In Time, causing the Customer to abandon the Activity;

 

(b) The Host makes significant changes to the Activity after booking;

 

(c) The Activity contains a safety or health hazard that would be reasonably expected to adversely affect the Customer’s participation in the Activity; or

 

(d) For Activities that take place online, the Customer cannot participate in or the Host cannot lead the Activity because of technical difficulties caused by the Host, including audio or visual issues.

4.4 The Customer Refund Policy

 

If you are a Customer and suffer an Issue, you are covered by this policy as follows:
(a) If you report an Accommodation Issue within twenty-four (24) hours from the Check-In Time, we agree, at our discretion, to either:

(i) provide you with a refund of the Total Charges paid by you in full; or

(ii) use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features and quality.

 

(b) If you report an Accommodation Issue after twenty-four (24) hours from the Check-In Time, we agree, at our discretion, to either:

(i) provide you with a refund of up to the Total Charges paid by you depending on the nature of the Accommodation Issue suffered; or

(ii) use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality.

 

(c) If you report an Activity Issue, we agree, at our discretion, to provide you with a refund of up to the Total Charges paid by you depending on the nature of the Activity Issue suffered.

4.5 Conditions for Making a Claim

 

To submit a valid claim for an Accommodation Issue or Activity Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the Customer that booked the Accommodation or Activity;

(b) you must report the Accommodation Issue or Activity Issue to us in writing or via telephone within twenty-four (24) hours of discovering the existence of the Accommodation Issue or Activity Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Accommodation or Activity and the circumstances of the Accommodation Issue or Activity Issue;

(c) you must respond to any requests by us for additional information or cooperation on the Accommodation Issue or Activity Issue within the time specified by GoWaus;

(d) you must not have directly or indirectly caused the Accommodation Issue or Activity Issue (whether through your action, omission or negligence);

(e) you must have used reasonable efforts to try to remedy the circumstances of the Accommodation Issue or Activity Issue with the Host unless otherwise specified by GoWaus or GoWaus advises you that the Accommodation Issue or Activity Issue cannot be remediated; and

(f) in order to receive a refund of Total Charges or assistance with booking an alternative Accommodation (if you suffer from an Accommodation Issue) you must agree to vacate the Accommodation or abandon the Activity. If you choose to stay in the Accommodation or participate in the Activity, you may still qualify for a partial refund at GoWaus’s discretion as described in this policy.

4.6 Acknowledgment

 

You acknowledge and agree that GoWaus shall decide:

(a) whether an issue reported by a Customer qualifies as an Accommodation Issue or Activity Issue;

(b) whether to provide a refund or to book an alternate Accommodation for a Customer who suffers an Accommodation Issue;

(c) whether an alternate Accommodation is comparable or better;

(d) the amount of any refund depending on the nature of the Accommodation Issue or Activity Issue suffered, and

 

you further agree that GoWaus’s decisions under this Clause are final and binding on you but do not affect other contractual or statutory rights or remedies that you may have against a Host or a Customer, as the case may be. GoWaus is not liable and shall not be liable for any claims, damages, losses, costs and/or expenses arising from any of its decisions under this clause.

4.7 Responsibilities of Hosts etc.

 

(a) As a Host, you are responsible for ensuring:

(i) that the Accommodation or Activity you list on the Platform is accessible, adequately and accurately described in the Listing, safe and clean and complies with applicable laws;

(ii) that a Customer is not presented with any Accommodation Issues or Activity Issues; and

(iii) that during a Customer’s stay at an Accommodation or participation in an Activity, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Accommodation Issues or Activity Issues or other issues faced by Customers.

 

(b) If you are a Host and GoWaus determines that a Customer has suffered an Accommodation Issue or Activity Issue related to your Accommodation or Activity and GoWaus either refunds that Customer (up to their Total Charges) or provides an alternative Accommodation to the Customer (in the case of an Accommodation Issue), you:

(i) agree to pay GoWaus a Cancellation Fee of RM50.00 or, in the event that the Issue concerns a safety or health hazard, a Cancellation Fee equivalent to the Total Charges plus RM50.00;

(ii) agree to reimburse GoWaus any amount paid by GoWaus including but not limited to additional costs incurred to relocate a Customer in the case of an Accommodation Issue; and

(iii) authorize GoWaus to collect any amounts owed to GoWaus by reducing your Payout or as otherwise permitted pursuant to the Terms, the Host Terms and/or this Policy.

4.8 Dispute of Issue

As a Host, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Accommodation Issue or Activity Issue. In order to dispute an Accommodation Issue or Activity Issue, you must use reasonable and good faith efforts to try to remedy any Accommodation Issue or Activity Issue with the Customer prior to disputing the Accommodation Issue or Activity Issue claim unless GoWaus advises you that the Accommodation Issue or Activity Issue cannot be remediated or the Customer has vacated the Accommodation or abandoned the Activity.

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.

5.2A COVID-19

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.

6.1 No Insurance

This Cancellation and Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Customer, and the Customer has not paid any premium in respect of this Policy. The benefits provided under this Policy are not assignable or transferable by you.

6.2 Modifications

GoWaus reserves the right to change, modify, add to and delete this Cancellation and Refund Policy at any time. If we modify this Policy, we will post the revised Policy on the Platform and update the “Last Updated” date at the top of this Policy. Please check this Policy every time you use the Platform to ensure that you have reviewed the current version. We will also provide you with notice of any material changes at least thirty (30) days before the date they become effective. If you disagree with the revised Policy, you may terminate this agreement immediately as provided in our Terms. If you do not terminate your agreement before the date the revised Policy become effective, your continued access to or use of the Platform will constitute acceptance of the revised Policy. Note that we will continue to process all claims for Accommodation Issues or Activity Issues made prior to the effective date of the modification according to the then applicable policy.

6.3 Entire Agreement

This Cancellation and Refund Policy constitutes the entire and exclusive understanding and agreement between GoWaus and you with respect to booking cancellations and refund and supersedes and replaces any and all prior oral or written understandings or agreements between GoWaus and you regarding the same.

6.4 Refund Method

 

You agree that:

(a) Any refund to be provided to a Customer shall be made to the original mode of payment used by the Customer to make the booking within thirty (30) days of the refund request being approved; and

 

(b) Any amount payable by a Host to GoWaus including any Cancellation Fee shall be deducted from the Host’s Payout (typically the first Payout after cancellation). In the event that the amount payable to GoWaus cannot be sufficiently met by the Payout, or there is no Payout to be made to said Host, then such amount shall constitute a debt owing from the Host to GoWaus and shall be payable by the Host to GoWaus within seven (7) days from the date of GoWaus’s request and/or demand. If we reasonably expect to provide a refund to a Customer under this Policy, we may delay release of any Payout for that booking until a refund decision is made.

Any complaints, cancellations or refunds with respect to your Accommodation or Activity and questions, concerns or grievances about this Cancellation and Refund Policy should be directed to GoWaus at the following:

Phone number: +6017-348 4536