Fat Rhino Terms and Conditions
These Terms and Conditions (Conditions) set out the basis on which Fat Rhino (as defined below) will provide accommodation and other products and services at its hostels to Customers (as defined below) and Guests (as defined below). By making a Booking (as defined below) the Customer agrees to comply with these Conditions.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Arrival Date” means the date on which the Customer’s stay at the hostel is due to commence, as per the Booking Details
“Booking” means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Fat Rhino
“Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the duration of the Guests’ stay at the Hostel and any other products and/or services to be included in the Booking
“Charges” means the charges payable by the Customer in connection with the Booking
“Contract” means the contract between the Customer and Generator in relation to the Booking
“Customer” means person who makes the Booking
“Fat Rhino” wholly owned by Top Notch Accommodations Sdn Bhd (registered company number M-1101968)
“Guests” means the Customer and any third parties they invite to the Hostel in connection with the Booking
“Hostel” means the hostel owned or operated by Fat Rhino the location of which is specified in the Booking
2.1 Customers can request Bookings via Fat Rhino’s website, by contacting Fat Rhino’s staff at the Hostel or by Online Travel Agents for example; Trip Advisor, Agoda, Booking.com, Hostelworld, etc
2.2 When requesting Bookings, Customers will be required to provide identification information including, but not limited to, their name, address, contact telephone number and email address.
2.3 No request for a Booking should be deemed to be accepted unless and until Fat Rhino confirms its acceptance and provides a booking reference, at which point the Contract will come into existence.
2.4 Subject to clause 4 Fat Rhino will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details but any request to change the dates or length of stay or add products and/or services will be subject to availability and the Customer paying for such increased length of stay and/or products and/or services at Fat Rhino’s standard rates from time to time.
2.5 When booking beds in a shared room, Fat Rhino will attempt to put people on the same booking in the same room, however this cannot be guaranteed
Fees and payment
3.1 The Charges will be as quoted by Fat Rhino to the Customer upon the Customer’s request for a Booking.
3.2 Unless otherwise agreed by Fat Rhino, the Charges only cover the provision of accommodation at the Hostel and the Customer may incur additional charges including, without limitation, charges for meals, beverages, tours and diving packages (the “Additional Charges”).
3.3 Customers will be informed of the amount of the Additional Charges before they are incurred.
3.4 Bookings will be subject to the Customer:
making payment of the Charges in full in advance or, at Fat Rhino’s option, paying a booking fee and/or deposit; and providing valid Debit or Credit Card details via which payment of the Charges or the balance of the Charges(as the case may be) and any Additional Charges can be taken at check in at the hostel or at the time of booking.
3.5 If not prepaid in full at time of booking the balance of the Charges must be paid by the Customer immediately on checking in at the Hostel. Any Additional Charges must be paid either as they are incurred or, at Fat RHino’s option, upon the Customer checking out at the Hostel.
3.6 The following payment methods are accepted by Fat Rhino
3.6.1 Credit and Debit Cards
3.6.2 Paypal to account email@example.com
3.6.3 Cash or Credit or Debit Cards, if the Customer is paying in person at the Hostel.
3.6.4 Online Bank Transfer to the following account
Bank: CIMB Bank Berhad
Account Name: Top Notch Accommodations Sdn Bhd
Account Number: 8007772243
Swift Code: CIBBMYKL
Bank Address: 1st Floor, Central Building, Jalan Pantai, 88000, Kota Kinabalu, Sabah, Malaysia
4.1 Subject to clause 4.2, the Customer may cancel the Booking without charge if notice is given to Fat Rhino at least one (1) month prior to 1400 hours (local time) on the Arrival Date. In which case Fat Rhino will refund to the Customer all sums paid by the Customer in advance minus any bank fees. You may be entitled to the following refunds:
Within 7 days of check In = No refund
Eight (8) to 15 days before check in = 50% Refund
16 – 29 days before check in = 75% Refund
30 days plus before check in = 100% refund
4.2 Where the Customer has been offered a discounted rate on condition that the Booking becomes non-refundable upon cancellation then, provided the Customer has been informed of such Condition, in the event of cancellation of the Booking, all Charges applicable to that Booking remain payable in full..
4.3 Where the Customer fails to give sufficient notice of cancellation as per clause 4.1 or fails to arrive (no show) at the Hostel, the Booking will be deemed cancelled and the Customer must pay the Hostel an amount equivalent to the Charges applicable to the first’ night’s stay at the Hostel.
4.4 Fat Rhino may at any time cancel a Booking if the Hostel becomes unavailable due to circumstances outside Fat Rhino’s control in which case Fat Rhino will pay the Customer a full refund of any Charges and any booking fee paid.
4.5 Fat Rhino may at any time cancel the Booking if the payment details provided by the Customer in accordance with clause 3.6 are invalid and the Customer fails to provide alternative valid details.
Check in and Check out
5.1 Check-in time at the Hostel booked is from 1400 hrs. Check-in prior to 1400 hrs. may be available subject to prior arrangement with Fat Rhino and subject to the full range of services and facilities at the Hostel not being available until the standard check in time.
5.2 Check-out time at the Hostel booked is 1200 hrs.. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability. (In the absence of such prior arrangement, failure to check-out by 1200 hrs may result in the Customer being charged for an additional night’s accommodation at the standard applicable rate
6.1 Valid photo identification in the form of a Driver License or Passport is required at check-in..
6.2 Customers are required to conduct themselves and ensure that their Guests conduct themselves in a reasonable and responsible manner at the Hostel and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Hostel in which event all Charges and Additional Charges shall become immediately payable by the Guest.
6.3 Smoking is not permitted inside the Hostel and only in the designated smoking areas.
6.4 The Customer will be responsible for any loss or damage caused at the Hostel by Guests or visitor of the Guest. The Guest may be liable for Fat Rhino’s reasonable cost of repairing, cleaning or replacing any property of Generator which is damaged, soiled or lost by a Guest.
6.5 No animals are allowed in the Hostel with the exception of guide dogs.
6.6 Fat Rhino does not accept bookings made by those under the age of 16. Under 18’s cannot stay in any shared rooms unless in a group and accompanied by their teacher, however they can stay in private rooms when accompanied by an adult over 18 years. If you’re between 16-18 and want to stay in a private room, you’ll need written consent from your parent or guardian. Failure to adhere to this rule will result in automatic Cancellation with no refund given.
Food and Drink
7.1 Unless otherwise agreed by Fat Rhino, the Charges only includes a light breakfast, water and free flow gourmet coffee. Any other food and drink is not included
7.2 Customers and their Guests may only consume food and drink purchased from Fat Rhino in the hostel No externally purchase food and drink may be consumed inside Fat Rhino unless consent is provided by the hostel.
8.1 Nothing in these Conditions purports to limit or exclude the Generator’s liability for:
(a) death or personal injury caused by the negligence of Fat Rhino its employees, subcontractors or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for the Hostel to limit or exclude its liability.
8.2 If Fat Rhino breaches these Conditions or is negligent, it is responsible for the loss of damage suffered by the Customer that is a foreseeable result of the breach of negligence but are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Fat Rhino’s breach of these Conditions or if they were contemplated by Fat Rhino and the Customer when they entered into the Contract.
8.3 The Customer agrees that Fat Rhino is only supplying its facilities, products and services to the Customer for private use and have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.1 Fat Rhino treatment of Customers data follows the Malaysia Data Personal Act (2010).
9.2 The Customer herby consents to Fat Rhino’s collecting of the Customers personal data such as name, surname, email address, customer number, address, contact information and details of the bank account number and IP number.
9.3 The personal data is used by Fat Rhino for the performance of the Contract and for marketing and as a basis for statistics and for Fat Rhino’s product development. Fat Rhino has the right to share your personal data with its partners for advertisement and promotion.
9.4 The personal data may be analysed and grouped for the selection, prioritization and planning of the marketing of Fat Rhino, so-called profiling.
9.5 As a customer of Fat Rhino, you agree to receive marketing information via mail, telephone, or e-mail and text messages, and other digital channels. Your personal data may be disclosed to all offices within the Fat Rhino group.
9.6 Personal information is disclosed to Malaysian authorities only when it is required by law or official order.
10.1 The Customer’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Conditions.
10.2 Fat Rhino may transfer its rights and obligations under the Contract to another organisation but will always inform the Customer if this happens and this will not affect the Customer’s rights under the contract.
10.3 Fat Rhino will not be liable to the Customer for any failure to perform or delaying in performing its obligations where such failure or delay is due to an event outside Fat Rhino’s control (including without limitation, extreme adverse weather, industrial action or natural disaster). If such an event prevents Fat Rhino from fulfilling the Booking, either party may cancel the Contract.
10.4 Fat Rhino may, from time to time, change these Conditions without notice. However, the version of these Conditions in force at the time of the Booking will continue to apply to the Contract. Customers are advised to check Fat Rhino’s website for the latest version of these Conditions before making a Booking.
10.5 Fat Rhino complies with its obligations under the Malaysia Data Personal Act (2010) in relation to data protection. Fat Rhino will process personal data (as defined in the Act) in relation to Customers and Guests solely for the purpose of performing its obligations and exercising its rights in connection with the Contract. Fat Rhino will not provide any such personal data to any third parties apart from third parties who provide services to Fat Rhino such as the provision of legal advice.
10.6 No failure by Fat Rhino to enforce these Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
10.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.8 These Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Malaysia and the court of Malaysia will have jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with it.
10.9 No person who is not a party to the Contract will have any rights in connection with it.