Como Metropolitan Como Metropolitan

TERMS AND CONDITIONS

Terms for use of website 

Thank you for visiting www.como.bz, (hereafter referred to as this “Website”). By accessing and/or using any part of this Website and/or using any of the services provided via this Website, you shall be deemed to have accepted to be legally bound by the terms and conditions set out herein (these “Terms of Use”). 

1. GENERAL
1.1. The COMO Group comprises Club 21, COMO Hotels and Resorts, COMO Shambhala and the COMO Foundation.
1.2. These Terms of Use contain the provisions in the contractual relationship entered into between you and the COMO Group which you agree to be binding and enforceable at the time you access and/or use this Website and any of the services provided by the COMO Group via this Website.  You are deemed to have read, understood and accepted these Terms of Use.
1.3. The COMO Group reserves the right to modify, add, vary or amend all or part of these Terms of Use from time to time without prior notice to you.  Your continued use of this Website and any of the services provided herein after such changes are posted, shall be deemed an agreement by you to these Terms of Use as modified.

2. INTELLECTUAL PROPERTY RIGHTS
2.1. This Website and all materials, including but not limited to photographs, illustrations, data, text, images and information on the COMO Group and each member of the COMO Group, the hotels and resorts, the COMO Foundation activities, all programmes, products and services offered by the COMO Group (the “Contents”) appearing on this Website are protected by copyright, trademark and other forms of proprietary rights (“Intellectual Property”) which are owned, licenced to or controlled by the COMO Group or its affiliates.
2.2. Except as otherwise provided and agreed to in writing by the COMO Group, you are strictly prohibited from uploading, downloading, copying, reproducing, re-publishing, transmitting or distributed in any way, the Contents or any part thereof.
2.3. The COMO Group retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in this Website.

3. ACCESS TO WEBSITE
3.1. The COMO Group reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.

4. LINKS
4.1. This Website may contain links to other websites and pages which are not maintained by the COMO Group including but not limited to the online booking, reservations applications, tools or facilities maintained by third party service providers.  By clicking on or activating such links, you acknowledge that the COMO Group does not exercise control over any data or any information which you give to any other entity after leaving this Website.  Any access to such other websites is entirely at your own risk.  The COMO Group shall not be liable for any damages or loss arising from you accessing such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and the COMO Group is not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.

5. CONFIDENTIALITY
5.1. No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, the COMO Group does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
5.2. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis.  The COMO Group therefore reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, releasing such information to any advertisers, parent company, related companies and associated companies in connection with the development, marketing, manufacturing of products and services.

6. SECURITY OF WEBSITE
6.1. You hereby expressly acknowledge and agree that:-
6.1.1. This Website is provided on an “as is” basis without warranties of any kind and the COMO Group does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
6.1.2. The COMO Group does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, non-infringement of the Contents;
6.1.3. To the fullest extent permitted by law, the COMO Group is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of this Website.  Accordingly, you hereby release each member of the COMO Group (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with your use of this Website;
6.1.4. Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material.  No member of the COMO Group is liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
6.2. While the COMO Group shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
6.3. You agree to indemnify and hold each member of the COMO Group, its directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, demand or costs (including solicitors’ fees on a full indemnity basis) which the COMO Group may suffer or incur due to or arising out of in connection with:-
6.3.1. Your breach of any of the provisions of these Terms of Use; and
6.3.2. Otherwise in connection with these Terms of Use and your use of this Website.

7. FORCE MAJEURE
7.1. The COMO Group shall not be liable to you or any other party, or be deemed to be in default, for any delay or failure in performance under these Terms of Use resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes (whether or not involving the COMO Group’s employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of the COMO Group, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services.

8. OTHER PROVISIONS
8.1. No failure, delay, relaxation or indulgence on the part of the COMO Group in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.
8.2. If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the terms of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use.
8.3. Except for the members of the COMO Group, no person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) unless that person is expressly named in these Terms of Use.

9. APPLICABLE LAW
9.1. These Terms of Use shall be governed by, and shall be construed in accordance with the laws of Singapore and you agree to submit to the jurisdiction of the Singapore courts.

TERMS AND CONDITIONS

1. GENERAL
1.1 The terms and conditions detailed below (these “Terms and Conditions”) apply to all online reservations and bookings of hotels (together, the “COMO Hotels” and individually a “COMO Hotel”) that are managed by COMO Hotels and Resorts Pte Ltd (“COMO”) at www.como.bz or via the individual COMO Hotel’s website (the “Websites”).
1.2 These Terms and Conditions contain the provisions in the contractual relationship entered into between you and us. 
1.3 COMO reserves the right to modify, add, vary or amend any of these Terms of Conditions from time to time without prior notice to you. 

2. INTELLECTUAL PROPERTY
2.1 Information found or comprised in the Websites is the property of COMO, or other information or service providers and are confidential or the subject of copyright or other applicable moral or intellectual property rights.  You may not reproduce, hyperlink to, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information found in the Websites in any manner without the express written consent of COMO (or the relevant information/service providers as the case may be) or use such information or services for any unlawful or unauthorised purpose.
2.2 You may electronically copy and/or print hard copies of the confirmation details and confirmation pages of your online booking from the Websites solely for your own personal non-commercial use only.

3. RATES
3.1 Unless otherwise stipulated in the individual website of the COMO Hotel, all rates are quoted in US Dollars, and will be converted to local currency with the service charge and taxes, at the prevailing exchange rate.
3.2 COMO and each COMO Hotel reserves the right not to accept any request for a booking in its sole and absolute discretion without furnishing any reasons to you.
3.3 All rates featured on the Websites are subject to a service charge (at the prevailing rates at time of payment, and which is featured on the individual COMO Hotel website) and applicable government tax and charges.
3.4 Unless otherwise stated, all rates featured on the Websites are based on a maximum of two persons in each room.  Further charges may be incurred if more than two persons are found to be in occupancy of each room. 
3.5 Other details and features of the rooms and facilities available at each COMO Hotel are set out in the individual COMO Hotel website.
3.6 All rates featured on the Websites are subject to change without notice. In particular, during certain “high peak seasons” such as periods that coincide with major social events, festivities, conferences and exhibitions, the rates may be increased accordingly.  However, the rates which are featured in your booking confirmation is guaranteed.
3.7 The rates featured in the Websites and in your booking confirmation do not include any and all other incidental charges which you may incur during your stay (including but not limited to the charges incurred from the mini-bar facilities, external telephone charges made to and from your room, internet charges, laundry charges, room service, pay per view movies, etc). Such charges will be payable by you when you check-out (or such earlier date as we may require in our sole and absolute discretion).  You hereby irrevocably authorise us to deduct all and any such charges from your credit/debit cards should you fail, neglect or refuse to make any payment of any of such charges.
3.8 Unless otherwise stated, the rates featured on the Websites do not include breakfast.  If breakfast is expressly included, the breakfast menu offered will be either traditional or continental breakfast (with tea or coffee included) whichever the hotel or resort determines in accordance with its respective meal policy.  Please enquire directly with the hotel or resort if such details are not clear.  There is no refund for meals which are not taken by guests.

4. CHECKING IN (ARRIVAL) AND OUT (DEPARTURE)
4.1 Unless otherwise expressly stipulated by the individual COMO Hotel, hotel rooms are available from 14.00 hours on the day of arrival. Rooms must be vacated by 12 noon on the day of departure. For some of our hotels and resorts, such timings may differ. Please ask for details of the arrival and departure times when making your booking.

5. HEALTH LEISURE AND BEAUTY
5.1 Many of the COMO Hotels have excellent leisure facilities such as swimming pool, steam room, sauna and jacuzzi, but the availability and range of facilities varies according to each hotel or resort.  Please check the availability and range of facilities at your chosen hotel or resort when making your booking. 
5.2 Certain facilities such as but not limited to additional personal trainers for the gymnasiums, exercise classes, spas and beauty treatments may be subject to additional charges.   Please enquire with the individual COMO Hotel before making any booking for such facilities.  In addition, your use of such facilities is subject to the specific terms and conditions and policies which apply at the individual COMO Hotel. 

6. BOOKING INFORMATION
6.1 Our online booking application is outsourced to a third party service provider, i-hotelier (by TravelCLICK Inc) or such other subsequent service provider as we may use from time to time.  All online bookings will be routed to the websites maintained by such third party service provider.  Further booking terms are found on these websites and you hereby agree to be bound by all booking terms featured on this website and the Websites. 
6.2 By clicking on or activating the links to the third party service provider, you acknowledge that COMO Hotels does not exercise control over any data or any information which you give to any other entity after leaving the Websites. COMO Hotels shall not be liable for any damages or loss arising from you accessing such other websites.
6.3 If you are unable to place an online booking, please call the individual COMO Hotel for assistance and to place your booking via telephone or facsimile. 

7. DEPOSITS AND PRE-PAYMENTS
7.1 It is a condition precedent to making a booking and our acceptance of any booking that you guarantee your booking with a valid credit or debit card. No payment is deducted from your credit or debit card at the time of booking. However, if you cancel your booking within 48 hours prior to your checking-in date or fail to show up on the date or dates on which your booking has been confirmed for, you are liable for cancellation charges.  In such event, you hereby irrevocably authorise us to deduct such charges as are due and owing to us from the credit or debit card. 
7.2 Upon arrival at the individual COMO hotel, you will be asked to produce a valid debit or credit card (which may not be the same card details as you had provided at the point of online booking) for the hotel to take an imprint. If you are settling your account in cash, you will be asked for a deposit to cover the cost of your room for your stay.

8. CANCELLATIONS AND AMENDMENTS
8.1 Any cancellations must be made in accordance with our cancellation policy then existing at the time of purported cancellation. 
8.2 Please do note however that the cancellation policy and the cancellation terms may vary according to the type of room rates you have booked, and also subject to the individual COMO Hotel’s sole, absolute and final discretion. 
8.3 If any cancellation is not made in accordance with our applicable cancellation policy and terms, we reserve the right to charge you for the entire period of stay you have booked, or, subject to our sole, absolute and final discretion, the first night’s accommodation.
8.4 Whilst every effort is made to fulfill any particular requests which you may have in relation to your stay with us, we cannot and do not guarantee that we will be able to meet or satisfy any particular requests by you and our failure in this regard does not and will not constitute any breach of contract on our part.  [We also reserve the right to amend or cancel your booking arrangements at any time and in any manner to accommodate any changes effected at the individual COMO Hotel and should we amend or cancel your reservation, we reserve the right to do so in our sole, absolute and final discretion.]
8.5 [For the avoidance of doubt, each member of the COMO Hotels shall have no further liability to you for any amendments to or the cancellation of any online booking. ]

9. FURTHER WARRANTIES AND LIMITATION OF LIABILITY
9.1 Although every effort has been made to ensure the accuracy of the rates and information featured in the Websites, we are not responsible for any errors or omissions, and reserve the right to vary, amend, supplement or cancel any of the information or offers featured online at any time.
9.2 COMO will not be liable, whether under tort or contract, for any damages or losses suffered or incurred by visitors, including direct, consequential, incidental, special, or indirect damages, arising from or otherwise resulting directly or indirectly from:
(a) Any government restriction, war, strike, industrial action, civil commotion, national disaster or any other event or circumstances beyond COMO’s (or each member of COMO Hotels’) control; and
(b) Any failure of any computer hardware, application software or software utilised in relation to or in respect of the provision of the Websites or any interruption, interference, delay in respect of or loss of use or access to the Websites due to technical difficulties or outages that may affect COMO or each member of the COMO Hotels, or any other party (including its third party service providers)’s computer, communications or power systems or supplies) under any circumstances whatsoever.
9.3 You agree to indemnify and hold COMO, each member of the COMO Hotels, their affiliates, members, directors, officers and employees, harmless from any claim, demand or cost (including solicitors' fees on a full indemnity basis) which any such entity or person may suffer or incur due to or arising out of or in connection with:-
(a)  Your breach of any of the provisions of these Terms and Conditions;
(b)  Your infringement of any rights or intellectual property rights, including copyrights, trademarks or rights of confidence of any person or entity providing any service pursuant to the services offered under the Websites;
(c)  Any action taken or omitted to be taken in good faith by COMO (or a member of the COMO Hotels) pursuant to any instructions, notice or request by you; and
(d)  The enforcement of COMO (or a member of the COMO Hotel)’s rights against you under these Terms and Conditions.

10. OTHER PROVISIONS
10.1 No failure, delay, relaxation or indulgence on the part of COMO Hotels or any member of the COMO Hotels in exercising any power or right conferred upon it in these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
10.2 If any provision of these Terms and Conditions is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the terms of these Terms and Conditions, such provisions shall be fully separable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms and Conditions.
10.3 The electronic records of the Websites, tax invoices, invoices of booking fees and fees payable by you and such other documents relating to or in connection with your use of the Websites to place an online booking or reservation with us (the “Records”) which are kept, stored and/or maintained by us (or the individual COMO Hotel) shall, save in the case of manifest error, be conclusive evidence of the contents thereof.  You hereby agree to the admission in the Singapore courts, such Records and any part, copy or computer output thereof, as an original document and further agree not to challenge or dispute the admissibility, authenticity or accuracy of such Records.
10.4 No person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) unless that person is expressly named in these Terms and Conditions.

11. APPLICABLE LAW
11.1 These Terms and Conditions shall be governed by, and shall be construed in accordance with the laws of Singapore and you agree to submit to the jurisdiction of the Singapore courts.

© 2008 COMO Hotels and Resorts
All rights reserved

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  Copyright ©2008 COMO Hotels and Resorts. All rights reserved.