Terms & Conditions

The Hotel Terms & Conditions

These hotel terms and conditions, including any revised hotel terms and conditions that The Hotel may amend from time to time (“Terms and Conditions”), state the Terms and Conditions under which The Empire Brunei (“the Hotel”) will provide hotel accommodation to you (“you”). Please read these Terms and Conditions carefully.

Unless the context otherwise requires, any capitalised terms used in these Terms and Conditions shall have the following meanings:

  1. "Booking" means a Direct Booking and/or a Third-party Booking;
  2. "Card" has the meaning given to it in clause 2.1;
  3. "Charges" has the meaning given to it in clause 3.5;
  4. "Direct Booking" has the meaning given to it in clause 1.8;
  5. "Force Majeure" means an unforeseeable, unavoidable event beyond a party’s reasonable control, including fire, storm, earthquake, tsunami, flood, hurricane or other act of God, explosion, casualty, strike, unavoidable accident, riot, insurrection, civil disturbance, act of public enemy, act of terrorism, embargo, war, inability to obtain labour, materials or supplies, economic downturn, social or political factors, any outbreak of disease, epidemics, quarantine restrictions, public health restrictions, any governmental regulation, disruption to local, national or international transport services, restriction or prohibition or any other similar cause;
  6. "guests" means registered in-house guests;
  7. "OTA" means online travel agents;
  8. "Payment Information" means in relation to a Card, the cardholder’s information and the billing details;
  9. "Room" means any rooms, suites, and villas at the Hotel;
  10. "Third-party Booking" has the meaning given to it in clause 1.13; and
  11. "visitors" are as described in clause 10.
Contents
Hotel Reservation
  1. 1. Bookings
  2. 2. Payment
  3. 3. Security Deposit
  4. 4. Cancellation/modification/no-show
  5. 5. Privacy Policy
Hotel Stay
  1. 6. Check-in and Check-out Times
  2. 7. Room Rules
  3. 8. Service Charge
  4. 9. Guest Behaviour
  5. 10. Visitors
  6. 11. Property damage/loss
  7. 12. Valuables
  8. 13. Pools, Ponds, Lagoons, and Water-activities
  9. 14. Food and Beverage
General Conditions
  1. 15. The Hotel’s Policies
  2. 16. Limitation of Liability
  3. 17. Severability
  4. 18. Waiver
  5. 19. Miscellaneous
1. Bookings
  1. 1.1. Rooms are subject to availability and any applicable service charges set out in clause 8 and as advised during your booking process.
  2. 1.2. The guest named in the Booking must be present at check-in. The Hotel may refuse to complete the check-in process if the guest named in the Booking is not present. One person may only register for themselves and not for multiple rooms.
  3. 1.3. The Hotel reserves the right to require proof of identity (original valid passports for all international guests or national identity cards for Bruneian nationals) from all guests over twelve (12) years of age checking in, and shall have the absolute discretion to refuse to complete the check-in process if any guest refuses to provide the requisite proof of identity to the Hotel.
  4. 1.4. The principle guest must be over the age 21 years of age at the time of check-in.
  5. 1.5. The Hotel may cancel your Booking at any time, without prejudice to any other right it may have: (a) if you are in breach of any of these Terms and Conditions; (b) for security purposes; (c) by order of the Government or any public authority; or (d) due to an event of Force Majeure.
  6. 1.6. In the event you complete a Booking based on a rate that has been incorrectly posted, the Hotel reserves the right to correct the rate or cancel the reservation at its discretion, and will contact you directly in order to do so.
  7. 1.7. Please note that currency conversions at the point of Booking are for comparison purposes only and the actual currency conversion rate may vary at the point of payment due to market fluctuations. Any reliance upon the currency rates provided is at your own risk and the Hotel accepts no responsibility for any adverse consequences.
    1. Direct Booking
    2. 1.8. You can make a Booking through the Hotel’s website or by emailing res@theempirebrunei.com, or by calling the Hotel’s reservation number (“Direct Booking”).
    3. 1.9. Notwithstanding the Room type requested at the time of booking, the Hotel reserves the right to substitute your requested Room for another similar Room in the same category, or to upgrade you to a higher Room category at no additional cost to you, if the Room type specified in your Direct Booking is unavailable.
    4. 1.10. Requests for specific Rooms, building, views, etc cannot be guaranteed and are subject to the availability at the time of check-in and at the Hotel’s sole discretion.
    5. 1.11. After your Direct Booking is secured, if you decide to upgrade to a higher Room category than the one originally booked, a rate modif ier will apply, subject to Room availability.
    6. 1.12. If you intend to book three (3) or more Rooms for the same period of stay, you must contact the Hotel directly to make the reservations.
      Third-Party Booking
    1. 1.13. You can make a Booking through an OTA or other third-party agents (“Third-party Booking”).
    2. 1.14. Unless otherwise stated, Third-party Bookings are subject to the terms and conditions of such OTA/third-party.
2 . Payment
  1. 2.1. The Hotel accepts all major international credit and debit cards (“Card”).
    1. Payment For Direct Booking
    2. 2.2. A valid Card is required to secure your Direct Booking. You are required to supply the Hotel with the correct Payment Information. Please note that all e-commerce transactions require a 3D secure card (i.e. Verif ied by Visa or a Master secure code, or an American Express safe key) to be processed.
    3. 2.3. The Hotel may outsource payment processing to a third-party provider. The Hotel will not be liable to you or anyone else for any loss resulting from an act or omission of a third-party payment provider.
    4. 2.4. Saving your Payment Information on the Hotel’s website or to the Hotel’s third-party payment processing provider is entirely optional. Saving your Payment Information may help expedite your Booking in the future. You acknowledge that the Hotel may communicate your Payment Information for the purpose of facilitating the Direct Booking or as requested by you, including through applications on any mobile devices that you utilize that provide the Hotel with your Payment Information or if you have established a link with such devices.
    5. 2.5. While all reasonable security measures will be taken to secure your Payment Information, you agree to hold the Hotel and the Hotel employees and its officers blameless and release the Hotel from any actions, claims, liability, damage or loss resulting from any loss, release, compromise, or disclosure of your Payment Information caused by malware attacks, phishing attacks, viruses, hacking activities, malicious software and any other unlawful interference of the Hotel’s website’s operating system or unauthorized access by third parties.
    6. 2.6. For Direct Bookings your Card will be used as a reservation guarantee and will only be charged at check-in unless an alternative pre-payment arrangement has been made.
    7. 2.7. Prior to your check-in date, you may choose to make payment for the Direct Booking by cheque or via bank transfer. Local company cheques will only be accepted provided they have cleared through to the Hotel’s bank account at least three (3) days prior to check-in. Personal or international cheques will not be accepted. Bank transfers must be received by the Hotel at least three (3) days prior to check-in.
    8. 2.8. Upon check-in, payment by Card will only be accepted if the cardholder is present with valid proof of identity.
    9. Payment For Third-Party Booking
    10. 2.9. For Third-party Bookings, payment would be as per your arrangement with the OTA/ third party in accordance with the OTA/ third party’s terms and conditions.
3. Security Deposit
  1. 3.1. At check-in you will be required to provide a security deposit equivalent to the amount of your Booking and applicable service charges for the duration of your stay (“Room Security Deposit”). The Hotel reserves the right to refuse check-in and cancel your Booking if, on arrival, such Room Security Deposit in the form of a cash deposit or Card pre-authorisation is not provided.
  2. 3.2. At check-in you may also be required to provide a security deposit to cover any incidentals (such as Room service, mini-bar and any meals charged to your Room) consumed during your stay (“Incidentals Security Deposit”). If you do not provide such Incidental Security Deposit in the form of a cash deposit or Card pre-authorisation, you will not be permitted to charge any incidentals to your Room.
  3. 3.3. Security deposit provided in the form of cash deposits must be in local currency and any foreign currency will be converted into local currency at the Hotel existing rates and the balance shall be returned to you in local currency. If during your stay, the outstanding Charges exceed the cash deposit amount, you shall immediately deposit such additional sums as advised by the Hotel. Upon settlement of the Charges upon check-out, any unutilized cash deposit will be refunded.
  4. 3.4. Booking charges, incidentals charged to the Room (if an Incidental Security Deposit is provided), fees, and any expenses incurred by the Hotel to remedy any loss or damage pursuant to clause 11 (“Charges”) are payable upon check-out. You agree to be personally liable for all Charges incurred. Payment by personal or international cheques will not be accepted.
  5. 3.5. If you check-out of the Hotel without paying the Charges in full, you expressly and irrevocably authorize The Hotel to charge all outstanding Charges to the Card which was used at the time of check-in, provided to secure the Hotel reservation, or saved in your account (whichever is available).
4. Cancellation/Modification/No-show
  1. 4.1. Cancellations of your Direct Booking made less than 48 hours in advance of your check-in date or no shows will be charged one (1) night’s Room charge (inclusive of the service charge) unless otherwise stated at the time of booking.
  2. 4.2. You acknowledge and agree that, if applicable, The Hotel may charge the fee for the cancellation or amendment of your Direct Booking and/or no-show to your Card.
  3. 4.3. Any modification to your Direct Booking (e.g. changes in date or Room category) is subject to availability as well as an additional charge and any difference in price.
  4. 4.4. Any modification, cancellation, or no show with respect to a Third-party Booking is subject to the OTA/third-party’s terms and conditions.
5. Privacy Policy
  1. The Hotel respects your privacy and are committed to protecting the privacy, conf identiality and security of the personal data and Payment Information you provide or that The Hotel otherwise collects about you during the Booking and check-in process.
6. Check-In And Check-Out Times
  1. 6.1. The Hotel’s standard check-in time is 2 pm and check-out time is 11 am.
  2. 6.2. Late check-outs may be available subject to Room availability and occupancy level on the day of departure. If available, a half-day Room charge may be incurred for late check-out between 11 am and 2 pm, and a full day Room charge may be incurred for late check-out after 2 pm.
7. Room Rules
  1. 7.1. All rooms are designed to accommodate a ma ximum of two adults and one child under twelve (12) years of age. A cot or rollaway bed may be provided (at a charge) for small children, which is not suitable for adults. The Hotel does not offer ‘triple occupancy’ rooms for three adults to share.
  2. 7.2. The following are prohibited in the Rooms at all times:
    1. Smoking, including the use of e-cigarettes, shisha or other smoking apparatus. Smoking is only permitted on the Room balcony with the sliding doors closed to prevent the smoke from entering the Room. You will be charged a fee equivalent to BND $500 for cleaning and deodorizing the Room and furniture if you smoke in the Room or allow the smoke from the balcony to enter the Room;
    2. Using incense, candles or any form of open f lame;
    3. Cooking;
    4. Pets or other animals;
    5. Use of bicycles, skates, skateboards, etc;
    6. Social gatherings and/or parties;
    7. Loud noises, e.g. talking or playing music at high volume;
    8. Items or food that emit strong odours (e.g., durians);
    9. Re-arrangement of any furniture, fixtures, or fittings in the Room; or
    10. Leaving the entrance door propped open when not in use.
8. Service Charge
  1. All Booking charges, food and beverage, activities and services provided by the Hotel (excluding activities and services of third-party providers which are to be settled directly with the third-party providers) will be subject to an additional 10% service charge.
9. Guest Behaviour
  1. 9.1. Playing music out loud or the use of speaker phone for audio or video calls is not permitted in the public areas of the Hotel as it will cause a disturbance to other guests and visitors.
  2. 9.2. Smoking, including the use of e-cigarettes, shisha or other smoking apparatus, is not permitted in the Hotel except in expressly designated outdoor areas, at least six (6) meters from the entrances and on the Room balconies.
  3. 9.3. Guests and visitors should refrain from taking photographs or videos of:
    1. The Hotel's premises, for sale or for any other commercial purpose; or
    2. Other guests, visitors or employees of the Hotel.
  4. 9.4. The Hotel reserves the right to refuse entry to you or any of your guests and/or visitors, and cancel your Booking if, on arrival, the Hotel considers that you or your guests and/or visitors, are under the influence of illegal substances, are unsuitably dressed or are behaving in a threatening, abusive or otherwise unacceptable manner towards the employees of the Hotel and/or other guests.
  5. 9.5. The Hotel reserves the right to require you or any of your guests and/or visitors to immediately vacate your Room, check-out and leave the Hotel’s premises if the Hotel considers that you or your guests and/or visitors are behaving (or have behaved) in a threatening, abusive or otherwise unacceptable manner which could trigger (or has triggered) a risk to the safety and health of other guests or employees of the Hotel or are causing (or have caused) a disturbance or annoyance to other guests or employees of the Hotel.
10. Visitors
  1. 10.1. You and your guests and/or visitors may encounter wildlife on the Hotel’s premises. Please take care and do not approach or feed such wildlife.
  2. 10.2. Only fully registered guests will be permitted to stay in the Hotel and non-registered visitors are required to vacate the property by 10 pm.
11. Property Damage/Loss
  1. 11.1. You shall be liable for any loss or damage to the Hotel’s property, furnishings, fittings or equipment (including, without limitation, towels and linen), caused by you or by any of your guests and or visitors. All expenses required to remedy any such loss or damage caused will be charged at your sole expense in accordance with clause 3.5.
  2. 11.2. All vehicles parked in the Hotel’s car parks are at the owner’s risk.
12. Valuables
  1. 12.1. We recommend that you keep your passport, money and valuables secure throughout your stay.
  2. 12.2. A room safe is available in all Rooms for your convenience. All items stored in the room safe are entirely at your own risk in accordance with the notice of use of the in-room safe.
  3. 12.3. Alternatively, deposit facilities, under the safe custody of the Hotel, are available from Reception, subject to terms and conditions.
  4. 12.4. Valuables are not to be left unattended any where in the Hotel at any time and the Hotel shall not be liable for any loss or damage to your valuables as a result thereof.
13. Pools, Ponds, Lagoons, And Water-Activities
  1. 13.1. Please be advised that there is no lifeguard on duty at any time and that the use of pools, ponds, lagoons, beaches, and other water activities is at your own risk.
  2. 13.2. The Hotel shall not be held responsible for any form of personal injury, loss, damage, or death caused by the usage thereof by you or your guests and/or visitors (except that nothing affects the liability of the Hotel for death or personal injury caused by the Hotel’s gross negligence or wilful misconduct or any other liability which may not be excluded or limited by law).
  3. 13.3. To meet the Hotel’s exacting water standards, it is routinely necessary to close swimming pools for maintenance, sometimes at short notice. However, every effort is made to ensure a minimum of two (2) guest swimming pools remain open at any one time.
  4. 13.4. Children under the age of sixteen (16) must be supervised by an adult at all times.
  5. 13.5. Subject to clause 13.3, the swimming pools are open daily at the times published. The opening times of the swimming pools may be amended by the Hotel from time to time.
14. Food And Beverage
  1. 14.1. With the exception of baby and infant food or unless explicitly approved by the Hotel, neither you nor any of your guests and/or visitors may bring your own food or drink into the Hotel for consumption at the Hotel.
  2. 14.2. Food and beverage served at buffets and events may only be consumed at the venue at which they are served and cannot be taken away for later consumption.
  3. 14.3. Respecting the local Law and Religion, alcohol is not available for sale in Brunei Darussalam. Alcohol brought into Brunei Darussalam for personal consumption may only be consumed in your Room. Consuming alcohol in restaurants or other public areas in the Hotel is strictly prohibited.
15. The Hotel’s Policies
  1. 15.1. Guests and/or visitors are not permitted to enter areas of the Hotel which are indicated as restricted or closed to the public.
  2. 15.2. By making a Booking with the Hotel, you agree to comply with, and be bound by, all house rules, regulations, disclaimers, waivers of liability, and policies as prescribed by the Hotel from time to time; all reasonable directions, orders and/or instructions imposed by the Hotel; and all applicable local laws and regulations of the Brunei Darussalam during your stay.
  3. 15.3. You are required to comply with the Hotel’s rules and regulations relating to the use of any of the Hotel’s facilities, equipment and services such as swimming pools, saunas and steam rooms, gymnasiums, spas, massage and beauty therapists, fitness instructors, beaches, water slides, and fitness equipment. The use of these facilities, equipment and services are entirely at your own risk.
  4. 15.4. To the extent permitted by law, the Hotel shall not be liable for any personal injury or loss or damage to property caused to any person arising from or in connection with your use or your guests’ and/or visitors’ use of the Hotel’s facilities, equipment and services.
  5. 15.5. For safety, security and housekeeping reasons, the Hotel reserves the right to enter a guest Room at least once a day even if the “Do Not Disturb” sign is on.
16. Limitation Of Liability
  1. 16.1. To the extent permissible by any applicable law or unless otherwise provided in these Terms and Conditions, the Hotel excludes all liability and responsibility for the Hotel and/or the Hotel’s representatives or persons tasked to perform an obligation of the Hotel, including the Hotel employees, affiliates, partners and agents (hereinafter referred to as “Representatives”) for loss or damage of whatever nature arising from or in connection with your stay, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission of the Hotel, the Hotel’s Representatives, the Hotel’s Aff iliates and Representatives of the Hotel’s aff iliates (whether negligent or not), except that nothing affects the liability of the Hotel and/or the Hotel’s Representatives for death or personal injury caused by the gross negligence or wilful misconduct of the Hotel and/or the Hotel’s Representatives or any other liability which may not be excluded or limited by law.
  2. 16.2. The Hotel accepts no liability for services rendered by third parties to you or any of your guests and or visitors notwithstanding that such services may be arranged by the Hotel. Any claim, demand, charge, suit or damages which may be incurred by you or any of your guests and/or visitors shall be made directly with such third parties.
  3. 16.3. The Hotel shall not be liable to you or any of your guests and/or visitors, for any loss or damage to property suffered or incurred in the Hotel caused by the misconduct or negligence of any third party.
  4. 16.4. The Hotel shall not be liable to you for any failure or delay in performing any of its obligations if the failure or delay was due to an event of Force Majeure.
17. Sever Ability
  1. If any provision of these Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and Conditions and shall not affect the validity and enforceability of any other provisions.
18. Waiver
  1. The Hotel’s failure to exercise or enforce any rights or provisions of the Terms and Conditions will not constitute a waiver of such rights or provisions.
19. Miscellaneous
  1. 19.1. Nothing in these Terms and Conditions shall create a contractual relationship with, or course of action in favour of, any third party. Any rights of any third party to enforce these Terms and Conditions under any applicable legal principle, statute or otherwise are excluded.
  2. 19.2. General words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of assets, matters or things.
  3. 19.3. The Hotel is entitled to amend and/or otherwise change these Terms and Conditions at any time without prior notice.
  4. 19.4. If you have any questions or if you have any complaints, please contact the Hotel by email on info@theempirebrunei.com.

Use of Website Terms & Conditions

Welcome to The Empire Brunei's use of website terms and conditions (“Terms and Conditions”). These Terms and Conditions were last updated on 1st November 2019

    General
  1. This website ("Site") is owned and operated by The Empire Brunei, a business registered under the Business Names Act (Cap. 92 of the Laws of Brunei), carrying on its business at Muara-Tutong Highway, Kg Jerudong BG3122, Negara Brunei Darussalam ("the Hotel").
  2. For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to the Hotel. Please review these Terms and Conditions carefully before using this Site. Your use of this Site indicates your acceptance and compliance with these Terms and Conditions (as may be amended by Us from time to time) and all applicable notices, disclaimers, laws and regulations including copyright, trademark, and other intellectual property rights contained below and elsewhere on the Site.
  3. This Site is intended only for your personal, non-commercial use. The Site should not be used for unlawful, immoral or illegal purposes or for any purposes other than those stated in these Terms and Conditions. Unless otherwise specified, you alone are solely responsible for determining whether any feature of this Site is appropriate or suitable for your requirements.
  4. You must be of sufficient legal age and capacity to make reservations and/or purchases through the Site. If you are a child or minor, you may only use the Site and make reservations and/or purchases through the Site with permission of your parent or guardian.
  5. You warrant, represent and undertake that you possess the legal right and ability to access the Site in accordance with these Terms and Conditions and, where relevant, to make reservations and/or purchases through the Site.
  6. We may, at Our sole discretion, impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions, We may, in addition to any other rights or remedies that may be available to us and without any liability whatsoever, in our sole discretion, terminate, restrict or withdraw the Site or your access to the Site, at any time and without notice to you.
  7. Data Protection
  8. You can access most of the areas of the Site without registering with us or providing us with your personal information but certain areas (such as room reservations) may require you to register or provide personal information. We have in place reasonable technical and organisational measures to prevent unauthorised or accidental access, processing, erasure, loss or use of your personal information and to keep your personal information confidential.
  9. Proprietary Rights
  10. All information, documents, images and other materials provided on this Site (as well as the organisation and layout of this Site) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material (whether in hardcopy, electronic or any other form) on this Site or the underlying software code whether in whole or in part. The contents of this Site may, however, be downloaded, printed or copied for your personal non-commercial use.
  11. Any unauthorised use of this Site may result in a violation of copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Nothing in this Site should be construed to be a grant of a licence, ownership or any other proprietary right in this Site, its contents or the underlying software code. All rights not expressly granted in these Terms and Conditions are reserved.
  12. User Content
  13. Whenever you make use of a facility on this site that allows you to upload your own content such as feedback and comments (“User Content"), you must comply with the acceptable use obligations below. You warrant that you have the right to upload User Content and that any such User Content complies with these Terms and Conditions, and you fully indemnify Us for any loss suffered as a result of any breach of that warranty.
  14. By submitting User Content to this Site by electronic mail, postings on this Site or otherwise, you grant Us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
    1. use, reproduce, modify, adapt, translate, distribute, publish and create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; and
    2. use the name that you submit in connection with such User Content.
  15. You also grant Us the right to pursue at law any person or entity that violates your or Our rights in the User Content by a breach of these Terms and Conditions. You acknowledge and agree that all User Content submitted by you is non-confidential and that no third parties have any rights in such User Content which could be infringed by Our use of it. You agree to do all things and execute all documents required to allow Us to take full advantage of the rights granted to Us by this clause.
  16. This Site may contain feedback forums, bulletin boards or other forums in which you or third parties may post reviews, comments or other User Content, on the Site ("Interactive Areas"). If We provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:
    1. User Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. User Content that would constitute, encourage or provide instructions for the commission of a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the User Content is published;
    3. User Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
    4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Us;
    5. unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
    6. private information of any third-party, including, without limitation, names, addresses, phone numbers, email addresses, social security and identity card numbers and credit card numbers;
    7. viruses, corrupted data or other harmful, disruptive or destructive files;
    8. User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
    9. User Content or links to User Content that, in Our sole judgement, either (i) violates any of the above; (ii) is objectionable; (iii) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site; or (iv) exposes (or may expose) Us, any of our affiliates, or other users of the Site to any harm or liability of any type.
  17. We take no responsibility and assume no liability for any User Content posted, stored or uploaded onto the Interactive Areas by you or any third-party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. We are not liable for any statements, representations or User Content provided by users of the Site in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
  18. If it is determined that you retain any moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Us or Our affiliates, licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (iv) you forever release Us and Our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.
  19. Your use of the Interactive Areas or other parts of the Site in violation of these Terms and Conditions may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, summons or court orders, to protect other users of the Site, our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your user profile information (i.e, name, email address, etc.), IP address and traffic information, usage history, and User Content submitted to this Site.
  20. We will not be responsible or liable to any third-party, for the content or accuracy of any User Content on our Site.
  21. Acceptable Use
  22. You may only use this Site in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Brunei Darussalam and any other jurisdiction from which you are accessing this Site.
  23. In particular, you agree that you will not:
    1. use this Site in a manner which causes or may cause an infringement of the rights of any other or is in breach of confidence or privacy;
    2. use this Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, any network connected to any of our servers or any related infrastructure or impose an unreasonable or disproportionately large load on the bandwidth connecting to the Site;
    3. use this Site in any manner that would, or could reasonably be expected to, interfere with any other party's use of this Site;
    4. access the Site through devices or services that are designed to provide high-speed, automated, repeated access;
    5. make any booking which is unauthorised, false or fraudulent;
    6. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site including but not limited to uploading or making available files containing corrupt data, viruses, logic bombs, Trojan horses, worms, armful components or other malicious software or harmful data via whatever means;
    7. deface, alter or interfere with the front end 'look and feel of this Site or the underlying software code;
    8. obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks;
    9. use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (“Automated Process") to process, monitor, copy or extract any web pages on the Site, or any of the information, content, User Content or data contained within or accessible through the Site, without our prior written permission;
    10. use any Automated Process to aggregate or combine information, content, User Content or data contained within or accessible through the Site with information, content, User Content or data accessible via or sourced from any third-party;
    11. use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;
    12. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or
    13. copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Site without our prior written permission.
  24. Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to (a) cancel your bookings without reference to you; and/or (b) deny you access to this Site where We believe in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
  25. Modifications
  26. We reserve the right to make updates to the information, services, products and other materials on this Site at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Site. We are under no obligation to specifically contact or notify you of any variation to these Terms and Conditions. Your continued access or use of this Site is deemed to be your irrevocable acceptance of the modified Terms and Conditions.
  27. Limitation Of Liability
  28. You agree that you do not (and will not) have any right to bring an action (of any nature) against Us or any company or entity managed or operated by Us, or Our or their affiliated, associated or subsidiary companies or the officers, directors, managers, shareholders or staff thereof (together "The Empire Brunei Entities") with respect to or in connection with the use of this Site.
  29. Further, in no event will We or any of the Empire Brunei Entities be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of or in connection with the access to, or the use of this Site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties and whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
  30. Disclaimer Of Warranty
  31. We provide this Site on an "as is" and "as available” basis and without any warranty or condition, express, implied, statutory or otherwise. We and The Empire Brunei Entities, specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent that such disclaimers are held to be valid.
  32. We provide this Site on an "as is" and "as available” basis and without any warranty or condition, express, implied, statutory or otherwise. We and The Empire Brunei Entities, specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and on-infringement, to the maximum extent that such disclaimers are held to be valid.
  33. In particular and without limiting the foregoing, although reasonable care has been taken to ensure that the information contained on this Site is accurate, We do not warrant, represent or undertake that:
    1. the Site will meet your needs or expectations, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or
    2. the information obtained from or available on the Site will be accurate, reliable or fit for purpose.
  34. Use of information contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.
  35. Indemnification
  36. You agree to indemnify and keep Us indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation direct losses, consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your breach of these Terms and Conditions.
  37. Affiliates And Other Links
  38. We do not review, monitor or endorse any third-party websites linked to Our Site and we are not responsible for the content of any website linked to Our Site. Your access to any website that links to Our Site is at your sole risk. We are not responsible for the information, material, products, or services contained on or accessible through such other websites and will not be liable for any form of loss or damage arising as a result of or in connection with your visits to such websites.
  39. Any links to other websites are provided merely for the convenience of the users of this Site and the inclusion of these links does not imply an endorsement of the linked websites or the content therein.
  40. In addition, you agree not to link your website or any other third-party website to Our Site or frame Our Site as part of any other website without Our express prior written consent. To request such consent, you may send an e-mail message to the following address info@theempirebrunei.com. We reserve the right, at any time and for any reason not prohibited by law, to deny permission to anyone to link a website to, or frame, Our Site. If consent is given, we reserve the right at Our sole discretion upon written notice to withdraw Our consent at any time, and any such link to, or framing of, Our Site shall be immediately removed upon such notice.
  41. Copyright And Trade Marks
  42. All intellectual property rights, including without limitation copyright in all content on the Site, are owned by Us or by Our licensors.
  43. The Empire Brunei trademarks ("Trade Marks") are the sole property of Us or Our licensors. You may only use and/or reproduce the Trade Marks with our express written consent.
  44. Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted by these Terms and Conditions or under applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third-party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without Our express prior written consent.
  45. Governing Law And Jurisdiction
  46. Your use of this Site and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of Brunei Darussalam, You agree, acknowledge, and submit to the Courts of Brunei Darussalam having exclusive jurisdiction over all and any dispute or difference between us arising out of or in connection with these Terms and Conditions.
  47. Waiver
  48. Our failure to enforce the strict performance of any provision of these Terms and Conditions or the documents it incorporates by reference will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms and Conditions or the documents it incorporates by reference.
  49. Severability
  50. If any provision (or part thereof), of these Terms or Conditions shall be deemed unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
  51. Assignment
  52. We may perform any of our obligations, and exercise any of the rights granted to us under these Terms and Conditions, through a third-party. We may assign, novate, sub-contract or otherwise transfer any or all of our rights and obligations under these Terms and Conditions to any third-party.
  53. Complete Agreement
  54. These Terms and Conditions and the documents incorporated by reference constitute all the terms of your agreement with Us relating to your use of this Site. Save as otherwise provided in these Terms and Conditions and the documents incorporated by reference, you acknowledge that you shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently) made by Us, The Empire Brunei Entities, any of Our or The Empire Brunei Entities' staff, directors, agents, consultants or representatives (and whether authorised or not for this purpose).
  55. Contact Us
  56. If you have any questions, concerns or complaints in relation to the Site or these Terms and Conditions please contact us by sending an email to info@theempirebrunei.com.