Please review this Cancellation and Refund Policy (“Cancellation and Refund Policy” or “Policy”), which is incorporated in and forms part of the PCuti 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.

Definitions

“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.

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.

Application

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

Cancelled by the Customer

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 PCuti or his Host, the Customer shall be treated as a “no show” and shall not be entitled to any refund

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

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 PCuti judgment; or

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

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.