Terms of Service

Zekkei Collection Terms of Service and Use

Zekkei Collection is owned and operated by Zekkei Limited with its principal offices located in Tokyo and Hong Kong.

In using this website of Zekkei Collection, you are deemed to have read and agreed to the following terms and conditions (“Terms of Service and Use”).

Zekkei Collection (hereinafter called the Company) acts as an agent for owners and managers of villas, apartments, suites and resorts. The agreement between the Company and the person making the booking (hereinafter called the Customer or you) is valid only after a booking is received by the Company together with the appropriate deposit.

By confirming a booking with Zekkei Collection, the Customer accepts these conditions and confirms that he or she is authorised to do so on behalf of all other persons named on the booking form thus forming a contract between the Company and the Customer; which in turn forms a contract between the owner or property manager of your chosen villa and the Customer. These booking terms and conditions must be read in conjunction with individual property policies.

GENERAL

These Terms of Service and Use govern your membership on Zekkei Collection site at www.zekkeicollection.com and their associated/affiliated sites and your purchases and/or use of products and/or services available through Zekkei Collection or the Affiliated Sites. Zekkei Collection Site is operated by Zekkei Collection and/or its subsidiaries and affiliates. Your membership on Zekkei Collection and/or the Affiliated Sites and/or use of Zekkei Collection Site and/or the Affiliated Sites and these terms are also governed by this website’s terms of use as set out in these Terms of Service and Use.

TERMINOLOGY

The following terminology applies to these Terms of Service and Use and any or all agreements:

“Client”, “You” and “Your” refer to you, the person accessing and/or using this website and accepting the Company’s terms and conditions.

“The Company”, “Ourselves”, “Zekkei Collection”, “Zekkei”, “We” and “Us”, refer to our Company (Zekkei Limited).

“Party”, “Parties”, or “Us”, refer to both the Client and us, or either the Client or us.

“Affiliated Sites” refer to a third party who has agreed to be our affiliate and to host a link to our website.

“Services” refer to the services as offered by Zekkei Collection on Zekkei Collection Site.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Hong Kong Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

DESCRIPTION OF SERVICES

Zekkei Collection will provide users of Zekkei Collection with access to sales of rooms and/or holiday packages and related travel services that are offered by its participating partners, service providers, villas and/or resorts (“the Services”). Zekkei Collection will facilitate and assist users of Zekkei Collection Site to book and confirm rooms and/or holiday packages as offered above. For the avoidance of any doubt, any new variation or modification to the Services shall be subject to this Terms of Service and Use.

ORDER PROCESSING

Zekkei Collection may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Zekkei Collection deems appropriate in its sole discretion. Zekkei Collection also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Zekkei Collection will either not charge you or refund the charges for reservations that we do not process or cancel.

PRODUCT AND SERVICE AVAILABILITY

In rare cases, a property may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Zekkei Collection to make alternative arrangements or to cancel your reservation and this connection, you hereby agree and covenant that you shall not hold Zekkei Collection for any loss and/or damages that you may suffer as a result of the occurrence of the above event.

PRODUCT AND SERVICE DESCRIPTIONS

While Zekkei Collection will endeavour to provide accurate descriptions of the products and/or services offered on Zekkei Collection Site,Zekkei Collection does not warrant that the descriptions are accurate, complete, reliable, current or error-free.

SPECIAL REQUESTS

If you have any special requests in connection with your itinerary, you must submit them on Zekkei Collection Site at the time of booking of your reservation. We will pass along any requests we deem reasonable to the relevant service providers. However, we cannot guarantee and you accept our said qualification herein, that the service providers will fulfil such requests, as the requested for services or amenities may not be available. That being the case, Zekkei Collection shall not be liable for any failure to fulfil a special request, or accept a cancellation due to any special request not being met shall be allowed. For the avoidance of any doubt whatsoever, Zekkei Collection does not accept booking requests conditioned or contingent on the fulfilment of a special request.

PRICING

Zekkei Collection pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. That being the case, Zekkei Collection retains service fees as compensation for facilitating reservations which vary according to the amount and type of reservation booked through us. The rates displayed on the Zekkei Collection Site reflect our pre-negotiated rates, which include the fees retained by Zekkei Collection as well as all applicable taxes and/or levies. While Zekkei Collection strives to provide accurate pricing information regarding the products and/or services available on Zekkei Collection Site, we cannot, however, insure against pricing errors or pricing changes. Zekkei Collection reserves the right, at its sole discretion, not to process or to cancel any bookings placed for a product or service whose price was:

(1) incorrectly provided as a result of an error, or (2) changed by the service provider.

In the event of either of the above events occurring, Zekkei Collection will notify you by email and correct the pricing on Zekkei Collection Site.

If additional charges apply to your booking (including but not limited to the addition of an extra traveller, resort fees or other taxes or incidentals), which have not been levied at the time of your booking with us, you will be responsible for paying these charges directly to the service provider. For the avoidance of any doubt, Zekkei Collection does not guarantee that it offers the best available rates for products and/or services available on Zekkei Collection Site.

CANCELLATIONS AND CHANGES TO RESERVATIONS

Cancellations and changes to reservations vary depending on the property. At the time of booking, you will be provided with the relevant terms and conditions. With respect to other services and reservations available on Zekkei Collection Site, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancellation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fee that you incur.

To the extent you are eligible to cancel or change your reservation, such cancellation is subject to the property’s cancellation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., either Zekkei Collection credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by us.

You may not sell, auction, barter or transfer your reservation to a third party.

GIFT VOUCHERS

Gift vouchers can be used with villas and participating hotels listed on the website. Participating hotels relates to hotels that Zekkei Collection has a direct contract with and not through affiliated partnerships.

SERVICE PROVIDER RULES AND RESTRICTIONS

Service providers may impose additional rules and restrictions on products and services available through Zekkei Collection Site. Please read these additional terms and conditions carefully. By purchasing products and/or services through Zekkei Collection Site, you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You shall also agree that any breach or contravention of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any charges paid for such reservation, and in being charged by us for any costs we incur as a result of such said breach or contravention.

TAXES AND FEES

The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.

INCIDENTALS

Zekkei Collection bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.

PAYMENT

Save for cases where our partner or affiliates provide a different payment policy, all reservations booked through Zekkei Collection shall be paid in accordance with the payment policy allocated to the booking. You agree to pay to Zekkei Collection the fees, costs, expenses, fees and other charges in connection with your reservation (collectively, the charges”). You further acknowledge and agree that the charges will be billed to your payment card, or that you will pay the charges using another payment method approved by Zekkei Collection.

In the case of those of our partner or affiliates (to wit, those who offer stays in villas or are small boutique hotels) who have a different booking format and payment policy in that the guest shall settle all payments directly with such said partner or affiliate, Zekkei Collection may in some case be authorised to accept a booking deposit from guests booking though Zekkei Collection Site. However, the remainder or all of the costs shall be settled by the guest directly with our partner or affiliate on checkout.

INSURANCE

Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of your trip. Please note that such insurance is not included in your purchase on Zekkei Collection unless you separately purchase.

LINKS TO AND FROM OTHER WEBSITES

Any links to third party websites located on this website are provided for your convenience only. We have not, save for our Affiliated Sites, reviewed each third party website and have no responsibility for such third party websites (including our Affiliated Sites) or their content. We do not endorse the third party websites (including our Affiliated Sites) or make representations about them or any material contained in them. If you choose to access a third party website (including our Affiliates Sites) linked to from this website doing so is at your own risk. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware of this when they leave our website & to read the privacy statements of these other sites. You should evaluate the security and trustworthines

Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.

If you would like to link to our website, you may only do so subject inter alia to the following conditions:

you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

you do not misrepresent your relationship with us or present any false information about us;

you do not link from a website that is not owned by you; and

your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.

If you choose to link to our website in breach of Paragraph 16 hereof, you shall fully indemnify and keep us fully indemnified for any loss and/or or damage suffered as a result of your actions.

VISITOR CONDUCT

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. By posting content to our website you agree that we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents; (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, denial-of-service attack or a distributed denial-of service attack or other potentially harmful software or data.

Although Zekkei Collection does not have a policy of reviewing any messages, content or information which users of The Zekkei Collection Site may post thereon from time to time, your attention is drawn to the fact that Zekkei Collection fully reserves the right to monitor all postings and to remove or to decline to accept any e-mail or postings from Zekkei Collection Site if we decide that such postings are in contravention of the law or of this paragraph herein.

We will also fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our website in breach of these Terms of Service and Use.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

By posting content to our website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.

You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this website, any content you supply to this website, or your violation of these Terms of Service and use or the rights of another.

LOG FILES

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties (save for our partners, affiliates and/or service providers) and is used only within Zekkei Collection on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive web sites Zekkei Collection’s Site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

COPYRIGHT NOTICE

The copyright and other intellectual property rights in all material on this website are owned by us or our licensors or otherwise licensed to us and must not be reproduced without our prior written consent. The material in this website includes, but is not limited to, the design, layout, look, appearance and graphics. Subject to the paragraph below, no part of this website may be reproduced without our prior written permission.

You are permitted to use our website for your own personal use and to print and download material from this website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to the content on this website. Material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.

Zekkei Collection’s logo is pending registration as a trademark of this Company in the Hong Kong and other countries. Accordingly, all brand names and specific services of this Company featured on this website property owned exclusively by us.

EXCLUSION OF LIABILITY

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website.

This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and to the extent permitted by law, we and third parties connected to us hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

BINDING CONTRACT

These Terms of Service and Use have been executed and delivered by you and constitute a valid and binding agreement between you and Zekkei Collection, enforceable against you in accordance with their terms.

You represent that you are:

at least 18 years of age,

of legal age to form a binding contract, and

not a person barred from receiving services under the laws of the Hong Kong or other applicable jurisdiction.

You shall establish and use your membership on Zekkei Collection Site, and purchase and/or use the products and/or services available through Zekkei Collection Site, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, the “Laws”). Membership of the Affiliated Sites require acknowledgement of their own Terms of Service. By using any of the Affiliated Sites or any sites acquired by Zekkei Collection, you agree to abide by each of those terms and conditions of service.

PRIVACY STATEMENT

We are committed to protecting your privacy. Only authorized employees within the Company on a need to know basis use the information collected from individual customers or users of Zekkei Collection Site. We constantly review our systems and data to ensure the best possible service to our customers. Notwithstanding the above, you consent to any personal information we may obtain about you (either via Zekkei Collection Site, by email, telephone or any other means) being collected, stored and otherwise processed.

CONFIDENTIALITY

Client records are regarded as confidential and will not be divulged to any third party save to our affiliates or participating partners or if legally required to do so to the relevant authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Zekkei Collection will only be in connection with the provision of agreed services and/or products.

ENTIRE AGREEMENT

These Terms of Service and Use constitute the entire agreement of between you and Zekkei Collection regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service and Use.

SEVERABILITY

If any provision of these Terms of Service and Use has been rendered invalid, enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

MODIFICATION OF TERMS OF SERVICE AND USE

You acknowledge and agree that Zekkei Collection may, in its sole discretion, modify, add or remove any portion of these Terms of Service and Use at any time and in any manner, by posting revised Terms of Service and Use on Zekkei Collection Site. You may not amend or modify these Terms of Service and Use under any circumstances. It is your sole responsibility to check periodically for any changes we make to the Terms of Service and Use. Your continued use of Zekkei Collection Site after any changes to the Terms of Service and Use means you accept the changes.

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Zekkei Collection membership, or any general legal principles to the contrary, any provision of these Terms of Service and Use that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service and Use.

FORCE MAJEURE

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

NO WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

APPLICABLE LAW

The Parties declare and agree that the Terms and Conditions contained herein shall be governed and construed in accordance with the laws of the Hong Kong and the Parties hereby submit to the exclusive jurisdiction of the Hong Kong Courts. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Zekkei Collection.

NOTICES

All notices from Zekkei Collection intended for receipt by a Client shall be deemed delivered and effective when sent to the email address provided by such Client to us.

BINDING EFFECT

These Terms and Conditions are binding upon the heirs, successors-in-title, administrators, executors, personal representatives and permitted assigns of the Parties herein (whichever is applicable).

NOTE: These terms and conditions form part of the Agreement between the Client and Zekkei Collection. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.