Mango and Chili Resort

Terms of Use

These Terms of Use (“Terms”) establish a legally enforceable agreement between you (“Guest” or “User”) and Mango & Chili Resort Kapas Island (“The Resort”) governing the access to and utilization of our official website, reservation platform, and all on-site resort services.

1. Acceptance and Agreement

By accessing or utilizing The Resort’s website, confirming a reservation, or making use of any of our facilities and services, the Guest explicitly accepts and agrees to be legally bound by these Terms, the Privacy Policy, and the Resort House Rules.

2. Reservation and Financial Conditions

- Contract Confirmation:
  A confirmed reservation constitutes a binding agreement for accommodation and services. All published rates for rooms and supplemental offerings are final upon booking confirmation.
- Cancelation Policy:
  At the moment we do not require down- or prepayments. You just pay at our reception. We simply trust in honest and friendly guests.
  If you need to cancel your booking just inform us as soon as possible to give us the chance to rent the room to other guests. We think this is the simplest way for both of us. Help us to maintain this policy as long as possible.

3. Service Provision and Limitation of Liability

Boat Service Facilitation:
The Resort functions exclusively as an intermediary to secure passage on external, licensed ferry operators. We are not the carrier and explicitly disclaim all liability for any damages, losses, delays, or injuries resulting from the actions or omissions of the contracted boat company.
Island Activities Risk:
Participation in all Island Activities—including the use of Snorkeling equipment and participation in Jungle Trails—is undertaken entirely at the Guest’s own risk. The Guest assumes full responsibility for their safety and adherence to all provided instructions.
Limitation of Liability:
The Resort shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of profit or personal injury, arising from the Guest’s stay, except in cases resulting from the Resort’s proven gross negligence or willful misconduct, and subject to the fullest extent permitted by Malaysian law.

4. Intellectual Property and Content

The entire content of the website, including all textual descriptions of the Mini Island Paradise, imagery (especially Coral Reefs and the Resort’s unique branding), and the trade name “Mango & Chili Resort Kapas Island,” is protected intellectual property and may not be reproduced without prior written consent.

5. Force Majeure

The Resort shall not be liable for any failure to perform its obligations under the reservation if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God (natural disasters, severe weather events impacting the Boat Service), war, terrorism, government order, or pandemic-related disruptions. In such cases, the Resort reserves the right to offer credit or alternative dates, subject to its sole discretion.

6. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malaysia. In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter amicably through good faith negotiation. If a resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.