This Agreement constitutes the entire agreement between you and BabyMom Confinement Home (Business Registration No.: 201503340898 (IP0443371-A)) (hereinafter referred to as “BabyMom” or “We”) and supersedes any prior written or oral agreement including any prior agreement or understanding with respect to the subject matter thereof. You agree that you have read, understood and accepted the terms and conditions stated herein and this constitutes a valid and legally binding agreement. BabyMom reserves the right to modify, amend or vary the terms and conditions stated herein at any time as it deems fit wherein such modification, amendments or variation to the terms and conditions shall be effective upon notification or communication of the updated version to you.
“Centre” means our confinement home which is located at different places as follows:-
“Check-In Agreement” means the terms and conditions, house rules, information provided under the annexures and any subsequent modification, amendment or variation made to the terms and conditions and house rules from time to time.
“Check-in” means (i) the admission date of which you commence Stay Period with us disregard whether your newborn has been discharged from hospital or (ii) the commencement date where you request for meal delivery (lunch and dinner) from us when you are yet to be discharged from the hospital.
“Check out” means 1pm of the 28th day from your Check In date. Check out later than 3pm will be subjected to a surcharge equivalent to half day rate (package price / 28 / 2).
“Companions” means the spouse and/or child below 5 years old who are allowed to stay in our Centre with you. Under the package of Suite Room, Deluxe Room and Deluxe Supreme Room, accommodation for companions is complimentary with existing bedding but childcare service, laundry service or meals will not be provided to the companions.
“CNY” means 28th day of Chinese New Year Eve to 9th day of Chinese New Year based on the Chinese Lunar calendar.
“EDD” means the estimated date of delivery / due date given by your obstetrician-gynecologist.
“House Rules” means the rules and regulations as set out in Annexure A to be observed by you, your companions and your visitors. It is to be read and construed as an integral part of the Agreement.
“Stay Period” means a stay at our Centre for 28 days and 27 nights unless exceptional arrangement has been agreed upon by the parties.
2.0 Rooms & Packages
2.1 There are 4 packages with 3 styles of room available in our Centre (Superior Room, Suite Room, Deluxe Room and Deluxe Supreme Room)
2.2 We will try our best to accommodate your preference of rooms or packages. but the rooms are subject to availability and reservation of any specific room according to your preference is not permissible.
2.3 You are required to inform us of your EDD. It is compulsory to notify us two (2) days in advance prior to your Check In and to notify us prior to your discharge from hospital.
2.4 In the event you have to check in earlier or later than the EDD due to early or late delivery and your preferred room/package is unavailable, we will arrange a temporary room before you can move into your preferred room/package.
2.5 In the event the temporary room is unsatisfactory and you prefer other room/package available, the payment shall be prorated (initial package price /28 days x checked in days + subsequent choice of package / 28 days x remaining check in days).
2.6 If you intend to change the package that you have signed up, kindly notify us a month before Check In for necessary arrangements to be made. In the event you at your own free will, decided to change package after Check in, the deposit paid shall be forfeited and shall not be deemed as part payment towards any fees payable throughout your stay.
3.0 Fees & Payment
3.1 You shall pay a deposit amounting to Ringgit Malaysia Two Thousand (RM2,000-00) upon confirmation of your reservation with us and/or the execution of this Agreement, which will be deemed as part payment towards the fees payable if you complete your Stay Period with us. Any deposit paid is strictly non-refundable except pursuant to Clause 4.1.
3.2 In the event you do not complete your Stay Period, the deposit paid shall be forfeited and shall not be deemed as part payment towards any fees payable throughout your stay.
3.3 The balance of the fees shall be paid within 7 days after check-in. Payment can be paid via cash, cheque, credit card and online transfer.
3.4 BabyMom reserves the right to charge late payment interest at the rate of eight percentum (8%) per annum calculated on a daily rest on any overdue amount until the full settlement.
3.5 The package rate covers the postpartum care of a new mother and a newborn baby. In the following special request and/or circumstances, you may be liable to pay additional charges as follows:-
4.0 Termination & Refund
4.1 In the occurrence of any unfortunate event such as poor health condition, stillborn, disease or death that leads to termination of your reservation, you may request for:
4.2 In the event the termination is done within 7 days from Check-In, the amount payable for the stay are subject to daily charges as follows:-
4.3 In the event termination is done after the 8th day, the amount payable for the stay shall be prorated ((package price / 28 days x number of days stayed) + administration / processing fees of RM500).
4.4 Notwithstanding Clause 4.3 above, in the event your stay with us is approaching CNY and you decide to check out earlier prior to 28th day of CNY, you are not entitled to request for any refund of deposit or calculation of fees based on prorated charges.
4.5 BabyMom shall be entitled to terminate this Agreement by written notice in the event of the occurrence of the following:-
4.6 Upon termination of this Agreement, you shall immediately vacate the room and settle any amount due and owing to us.
5.0 Non -Disparagement
You, your companions or your visitors hereby agree that:-
Our Centre maintains a strict non-smoking policy (including vape or e-cigarette) at any part of our Centre (including rooms, bathrooms and any common area). In the event you, your companions or your visitor is caught smoking at the premise of our Centre, BabyMom reserves the right to request you to leave and there shall be no refund on any amount paid. In addition, a restoration fee amounting to RM1,000-00 will be imposed as penalty to restore the affected area to non-smoking area.
To the extent permitted by the law, you agree to indemnify and hold harmless BabyMom and its employees or against all liabilities, claims, loss and damages for which BabyMom may suffer due to act or omission, negligence or breach by you, your companions or your visitor.
8.0 Limitation of Liability
8.1 Save and except of any act or omission arising from the wrongful act or negligence of BabyMom, to the extent permitted by the law, BabyMom shall not be liable to you, your baby, your Companions, your visitors or any third party claiming through you for:-
8.2 In the event BabyMom is liable to make any form of compensation or payment of damages to you, the aggregate liability shall not exceed any fee or payment made by you.
9.0 Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have breached this Agreement, for any failure or delay in performing or fulfilling any term of this Agreement (except for any obligation to make payment) and to the extend such failure or delay is caused by or results from acts beyond reasonable control. If the force majeure affects the performance of obligation, the party that is subject to force majeure shall promptly notify the other party and submit a sufficient and valid proof of force majeure. Failing which, the corresponding liability shall not be waived.
10.0 Dispute Resolution
All disputes arising out of or relating to or in connection with this Agreement shall be settled amicably through discussions. In the event the parties fail to resolve the matter, the parties herein shall submit to the jurisdiction of Ipoh courts.