1. Definitions
– “Property” refers to the specific apartment unit at Malhana Apartments you have booked.
– “Booking” refers to the confirmed reservation for the Property.
– “Guest,” “You,” “Your” refers to the person who made the booking and all individuals who will occupy the Property during the stay.
– “Management,” “We,” “Us,” “Our” refers to Malhana Apartments and its representatives.
– “Bond” refers to the security deposit held against potential damages or breaches of these terms.
2. Agreement
This Agreement constitutes a legally binding contract between the Guest and Malhana Apartments. The Guest is responsible for ensuring all members of their party are aware of and comply with these Terms.
3. Booking and Payment
3.1. A booking is considered tentative until a non-refundable deposit or full payment, as specified at the time of booking, is received and confirmed by us.
3.2. Final Payment: Full payment for the entire stay is required no later than 24 hours prior to the scheduled check-in time. Failure to complete payment will result in the automatic forfeiture of your reservation and any payments made to date.
3.3. All rates are quoted in Fijian Dollars (FJD) and are inclusive of VAT unless otherwise stated.
4. Cancellation and Refund Policy
4.1. Cancellation by Guest:
– Cancellations received more than 72 hours prior to the scheduled check-in time will receive a refund of any amounts paid, minus the non-refundable booking deposit.
– Cancellations made within 72 hours of check-in, or failure to arrive (“No-Show”), will result in a 100% forfeiture of the total booking cost.
4.2. Early Departure: No refunds or credits will be given for unused nights due to early departure.
4.3. Cancellation by Management: In the rare event that we must cancel your booking due to circumstances beyond our control (e.g., property damage, unforeseen maintenance), a full refund of all payments paid will be offered. This is the full extent of our liability.
5. Security Bond
5.1. A security bond of FJD $150 is mandatory for all bookings to cover potential costs associated with damage, loss, extra cleaning, or breaches of these Terms.
5.2. Bond Payment Methods:
– A. Credit/Debit Card Pre-Authorisation (Preferred Method): Upon check-in, a pre-authorisation hold for FJD $150 will be placed on your card. This is a temporary hold, not a charge. The hold will be released within 7 business days after check-out, pending a satisfactory property inspection. The time for funds to reappear in your account depends on your bank’s policy.
– B. Cash Bond: If a card is not available, the bond must be paid in cash at check-in. A detailed receipt will be provided. This cash will be refunded only after the property inspection has been completed and the Property is found to be in a satisfactory condition. For check-outs outside staffed hours, the cash can be collected the next working day.
5.3. The bond will be refunded in full via the original payment method after check-out, subject to the property being left in good condition. Any deductions will be itemised, documented with photographs where possible, and communicated to you in writing.
5.4. In the event that the cost of repairs, replacement, or additional cleaning exceeds the bond amount, the Guest authorises Malhana Apartments to charge the outstanding balance to the credit/debit card provided or to issue an invoice payable within seven (7) days of notice.
6. Bond Agreement and Authorisation
By signing below, the Guest acknowledges and agrees to the following:
Bond Amount: I authorise Malhana Apartments to hold a security bond in the amount of FJD $150.
Purpose of Bond: I understand this bond is held as security against any costs, charges, or damages incurred during my stay, including but not limited to: property damage, loss of items, extra cleaning required beyond normal wear and tear, breaches of the Terms and Conditions (e.g., smoking indoors, exceeding occupancy limits), and any unpaid fees.
Payment Method Authorisation:
– If paying by Card: I authorise Malhana Apartments to place a pre-authorisation hold on my credit/debit card for the bond amount. I understand this is a temporary hold on my funds and not an immediate charge. The hold will be released by Malhana Apartments within 7 business days of my check-out, subject to a satisfactory property inspection. I understand the time it takes for my bank to release these funds back into my account is beyond Malhana Apartments’ control.
– If paying by Cash: I have paid the bond amount in cash and understand it will be held securely and refunded to me only after a satisfactory property inspection has been completed after my check-out.
Deductions: I understand that should any deductions from the bond be necessary, they will be fully itemised and communicated to me in writing, with supporting evidence such as photographs or receipts.
Excess Charges: I further authorise Malhana Apartments to charge any additional costs for damages or losses that exceed the bond amount to the credit/debit card provided during booking or at check-in.
7. Check-In and Check-Out
7.1. Check-In: Is from 2:00 PM onwards. Early check-in is subject to prior arrangement and availability and may incur an additional fee.
7.2. Check-Out: Is strictly by 10:00 AM. Late check-out (after 12pm) will incur a minimum fee of FJD $50 per hour, (after 2pm) a full day’s rental fee at our discretion. Subject to availability.
7.3. At check-out, you must return all keys, and property related items. Failure to return these items will result in replacement charges being deducted from your bond.
7.4. A routine inspection will be conducted by Management after check-out. Guests are encouraged to be present during inspection where feasible. Any concerns about the condition of the Property must be reported in writing within 24 hours of check-in.
8. Guest Responsibilities and Conduct
8.1. Occupancy Policy
STRICT OCCUPANCY LIMITS – MUST NOT BE EXCEEDED.
The Property comprises two types of apartments with the following maximum occupancy limits:
Apartment 1 and Apartment 4 (2 units available):
Maximum occupancy: 6 guests
These units are sold based on a group (pack) size. The base rate covers 4 guests. Any additional guests (up to 2 persons) will incur an additional per-person charge.
Apartment 2 and Apartment 3 (2 units available):
Maximum occupancy: 8 guests
These units are sold based on a group (pack) size. The base rate covers 4 guests. Any additional guests (up to 4 persons) will incur an additional per-person charge.
Important Notice:
Exceeding the stated maximum occupancy for any unit constitutes a serious breach of these Terms and Conditions and will result in immediate termination of the stay without refund and may also result in additional penalties or charges.
Rates and occupancy charges are outlined in the Current Rates and Charges Schedule, which forms part of these Terms and Conditions and may be updated from time to time at Management’s discretion.
8.2. Noise
Guests must not create excessive noise or engage in behaviour that disturbs neighbours or other guests. Quiet hours are strictly enforced between 10:00 PM and 7:00 AM.
8.3. No Parties/Events
The Property is for residential accommodation only. Parties, gatherings, events, or commercial functions are strictly prohibited unless a prior written notice and approval is obtained from Management via email.
8.4. No Smoking:
Smoking is strictly prohibited inside all units, on balconies, or in any area of the Property where signage prohibits smoking. Evidence of indoor smoking will result in the immediate forfeiture of the full security bond (FJD $150) to cover deep cleaning, deodorising, and potential loss of rental income. Smoking is permitted only in designated outdoor areas .
8.5. Property Care:
Guests must maintain the Property in a clean, tidy, and good condition at all times. Any damage, loss, or malfunction must be reported to Management immediately.
8.6. Pets:
Pets are not permitted on the Property unless expressly agreed to in writing prior to booking.
8.7. Illegal Activity:
Any illegal activity is strictly prohibited and will result in immediate eviction and reporting to the relevant authorities.
8.8 Malhana Sweets & Consumable Stock
Any Malhana Sweets, minibar items, or consumable stock provided within the Property or units are not complimentary.
8.9 Charges for Consumption
Consumption, removal, or use of these items will be charged to the Guest at the applicable retail price.
8.10 Recovery of Charges
Applicable charges may be deducted from the security bond or invoiced to the Guest after check-out.
9. Liability
9.1. Personal Property: Management is not responsible for any loss or damage to guests’ personal property during their stay. Guests are advised to safeguard their belongings and ensure they have adequate travel insurance.
9.2. Personal Injury: Guests and their invitees use the Property and its facilities at their own risk. Management is not liable, to the extent permitted by law, for any injuries, accidents, or illnesses that occur during the stay.
10. Termination of Stay
Management reserves the right to terminate your stay immediately if you or any member of your party breach these Terms and Conditions, create a nuisance, or cause damage to the Property. In such cases, you must vacate the Property immediately upon request. Management may deny re-entry or seek assistance from law enforcement if necessary. No refunds will be issued, and any damages will be deducted from your bond or charged to your account.
11. Force Majeure
We are not liable for failure to perform our obligations under this Agreement if such failure is due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, flood, earthquake, epidemic, pandemic, government restrictions, or power failures.
12. Governing Law
This Agreement is governed by the laws of the Republic of Fiji. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Fiji.
13. Access for Maintenance or Inspection
Management or its authorised representatives may enter the Property at reasonable times to carry out repairs, maintenance, or inspections. In emergencies (e.g., suspected damage, fire, or security concerns), Management may enter without prior notice.
14. Privacy
We respect your privacy. Personal information collected during the booking process is used solely for managing your reservation and ensuring your stay is safe and comfortable. We do not share your information with third parties except as required by law.
Acknowledgement and Acceptance
By making a payment for your booking and/or staying at Malhana Apartments, you acknowledge that you have read, understood, and agree to be bound by all the Terms and Conditions outlined in this document.