Agreement between “Customer” and “www.heaven-rentals.com”
This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", "Website" refer to Heaven Rentals Limited, a Hong Kong Special Administrative Region corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website or through our call center agents, you agree that this Agreement shall apply to all such transactions. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through this Website or our call center agents. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
- Use of the Website
1.1. As a condition of your use of this Website, you warrant that:
1.1.1. you are at least 18 years of age;
1.1.2. you possess the legal authority to create a binding legal obligation;
1.1.3. you will use this Website in accordance with this Agreement;
1.1.4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
1.1.5. you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
1.1.6. all information supplied by you on this Website is true, accurate, current and complete, and
1.1.7. you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. To the extent permitted under applicable law, we retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- Prohibited Activities
2.1. The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
2.1.1. use this Website or its contents for any commercial purpose;
2.1.2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
2.1.3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
2.1.4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
2.1.5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
2.1.6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written consent.
- Payment Terms
3.1. If you make a booking request, the deposit payment must be made within 5 working days of availability confirmation. The following deposit payment must be received by Website:
3.1.1. if you book the travel service more than 65 (sixty five) days in advance of the travel date, 50% (fifty percent) of the total booking price is paid to reserve the travel service (the “Deposit”) at the time of the reservation;
3.1.2. if you book the travel service less than 65 (sixty five) days before the travel date, the total booking price is due at the time of the reservation.
3.2. Payment of the balance of the total booking price must be made at least 65 (sixty five) days in advance of the arrival date. Failure to make payment in full within 50 (fifty) days of the first day of reservation will result in the cancellation of your reservation and the forfeiture of the Deposit.
3.3. Website makes no guarantee that a booking may be reserved by partial payment or Deposit and any option to reserve will only be offered to you at the time of booking payment and in accordance with the terms above.
3.4. Please note that our payment terms supersede any specific payment conditions that may apply to some of our properties, except for properties for which the payment terms are stricter.
- Bank and Credit Card Fees
4.1. Some banks and credit cards impose fees for international transactions. If you are making a booking your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website.
4.2. In addition, the currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
- Additional Terms and Conditions
5.1. Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products or services.
5.2. Some rental property suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Website for your rental property booking.
5.2.1. The standard security deposit required for each Property is stated in the Property description; however the Owner has the right to impose different requirements on a case by case basis. Access to the Property may be refused if security deposit is not paid in full.
5.3. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
5.4. The number of guests (adults and children) staying at the Property must not exceed the maximum number of sleeping places indicated in the property description. Exceeding this number may invalidate any insurance policy on the Property. Entry or access to the Property may be refused or limited where the number of guests exceeds the stated requirement.
- Arrival / Departure Times
6.1. Each Property Check-In and Check-Out policy will apply on a case by case basis.
6.2. Subject to availability, Website will, at its sole discretion; endeavor to accommodate requests for early Check-In and/ or late Check-Out.
6.2.1. You acknowledge that depending on the Property Terms & Conditions, early Check-In and/or late Check-Outs may be at an additional charge.
- Cancellation Terms
7.1. Cancellation of a booking includes but is not limited to:
7.1.1. cancellation of one or more days of a booking;
7.1.2. an amendment of a booking so that none of the dates of the booking once amended fall within the same dates that originally constituted the booking.
7.2. Properties offered by Heaven Rentals Limited are not commercial entities like hotels. The villas must be booked far in advance and are not easily re-rented. We strongly recommend you take out Travel Insurance to protect against circumstances which could preclude you from traveling.
7.3. Amendments or booking cancellation request must be sent to: firstname.lastname@example.org
7.4. No refunds shall be made on payments received.
7.5. In case of a cancellation after payment is received, Heaven Rentals will contact the villa owner who will be the sole decision maker on the cancellation terms that he wishes to apply.
- Conduct and Due Care
8.1. You are responsible for the behavior of the guests staying at the Property, as well as visitors to the Property during the Rental Period. Should any guest(s) or visitor(s) not behave in a suitable manner, the Owner or Owner’s Representative may, in their absolute discretion, require you and your visitor(s) to leave the premises and/or vacate the Property immediately, without compensation or refund.
8.2. In the interests of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be given around pools, beaches and roads, and when using all Property’s facilities.
- Travel Destinations and Insurance
9.1. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge travelers to review travel prohibitions, warnings, announcements and advisories issued by the government of the traveler’s origin and/or citizenship.
9.2. By offering for sale reservations to particular international destinations, Website does not represent or warrant that travel to such destination(s) is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
9.3. You must take out comprehensive travel insurance covering for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment.
9.4. You must ensure that you have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned.
- Liability Disclaimer
10.1. The information, products, and services published on this Website may include inaccuracies or errors, including pricing errors. Website does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the rental property, products, and services displayed on this website (including without limitation, the pricing, photographs, list of rental property amenities, general descriptions of the rental property, etc.), much of which information is provided by the respective suppliers. In addition, Heaven Rentals Limited expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
10.2. Rental Property ratings displayed on this website are intended as only general guidelines, and Heaven Rentals Limited does not guarantee the accuracy of the ratings.
10.3. Heaven Rentals Limited makes no representations about the suitability of the information, products, and services contained on this website for any purpose, and the including or offering of any products or services on this website does not constitute an endorsement or recommendation of such products or services. All such information, products, and services are provided “As Is” without warrant of any kind. Heaven Rentals Limited hereby disclaims all warranties and conditions with regard to the information, products, and services offered on the website including all warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
10.4. The rental property owners, agents, and affiliates are not agents or employees of Heaven Rentals Limited and Heaven Rentals Limited is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such owner, agent, and affiliates, or for any personal injuries, death, property damage, or other damages and expenses resulting therefrom. Heaven Rentals Limited will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond Heaven Rentals Limited’s direct control, and Heaven Rentals Limited has no responsibility for any additional expense, omissions, delays, or acts of any government or authority.
10.5. In no event will Heaven Rentals Limited be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with, your access, display, or use of this website or with the delay or inability to access, display, or use this website (including but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display, or use of this Website) whether based on theory or negligence, contract, tort, strict liability, or otherwise, and even in the event that Heaven Rentals Limited has been advised of the possibility of such damages.
10.6. In the unlikely event of a problem with your travel service occurring, whilst you are abroad, you must inform the villa owner/manager so that the matter can be put right. If the villa owner/manager cannot resolve the problem to your satisfaction at the time, you should inform Heaven Rentals Limited by e-mail within 48 hours or the arising of the problem. We will forward your written complaint to the Owner and will within reason liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
10.7. Heaven Rentals Limited cannot be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner's control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
10.8. If, despite the limitation above, Heaven Rentals Limited is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Heaven Rentals Limited will in no event exceed the service fees you paid to Heaven Rentals Limited in connection with such transaction(s) on this Website. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Heaven Rentals Limited, and/or their respective suppliers.
11.1. You agree to defend and indemnify Heaven Rentals Limited and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
11.1.1. your breach of this Agreement or the documents referenced herein;
11.1.2. your violation of any law or the rights of a third party; or
11.1.3. your use of this Website.
- Links to Third-Party Sites
12.1. This Website may contain hyperlinks to websites operated by parties other than Heaven Rentals Limited. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
- Copyright Notice
13.1. All information, content, and services displayed on, transmitted through, or used in connection with Heaven Rentals Limited, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Heaven Rentals Limited, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
13.2. If you operate a web site and wish to link to Heaven Rentals Limited, you may do so provided you agree to cease such link upon request from Heaven Rentals Limited. No other use is permitted without prior written permission of Heaven Rentals Limited. The permitted use described in this Paragraph is contingent on your compliance at all times with this Agreement.
13.3. You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Heaven Rentals Limited, not to insert any code or product or manipulate the content of Heaven Rentals Limited in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- Claims of Copyright Infringement
14.1. If, in good faith, you believe that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
14.1.1. A clear identification of the copyrighted work you claim was infringed.
14.1.2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
14.1.3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
14.1.4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
14.1.5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
14.1.6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14.1.7. Notices with respect to this Website should be sent to us by any of the following methods: email to email@example.com or by mail to the address below:
Heaven Rentals Limited,
Office 4, 10/F., Kwan Chart Tower,
No. 6 Tonnochy Road, Wanchai,
- Miscellaneous Provisions
15.1. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
15.2. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
15.3. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Heaven Rentals Limited with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Heaven Rentals Limited with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15.4. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
15.5. Any rights not expressly granted herein are reserved.
16.1. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
- Governing Law
17.1. This Agreement will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region without regard to its conflicts of law provisions. You agree no such claim may be brought as a class action.