The Dusun is seven self-catering, socially-conscious eco-bungalows on a durian orchard. In 1984, our family began planting trees on this 12-acre lot. We now have huge trees, 2 forest walks, 6 bungalows, 2 pools, deer, chickens, fish and vegetables when the elements cooperate.
The Dusun is designed after our family lifestyle of privacy, long talks, cooking up storms, beautiful views from open-concept houses and watching and listening to nature. It is the perfect place to spend quiet quality time with loved ones or by yourself.
There is wifi in a common area and no TV in any of our bungalows. It is suitable for those looking for an off-grid nature experience.
With bungalows on the top of a hill and wind off the forest reserve, we enjoy cooler temperatures at night. Each house has fully equipped kitchens and outdoor barbecues.
We are committed to low-impact resort operations, hiring locally, supporting the community, composting, phosphate-free products, organic farming and air-cond free houses. We continue to nurture and sculpt our little piece of paradise with more forest walks, plants and animals.
By accepting/ making this booking, you agree to the following terms:
THE DUSUN TERMS AND CONDITIONS
1. Booking Terms
1.1 Couple rate only applies for two (2) persons.
1.2 Rooms are subject to maximum occupancy rules set by the Dusun. Groups showing up with more than the maximum capacity of the house will have their bookings cancelled with no refunds.
1.3 Check-in is at 3.00pm and check-out is at 12.00 noon.
1.4 Early check-in is not possible and check-in after 5.00pm is by appointment only.
1.5 Bookings are secured by payment of a non-refundable and non-transferable deposit equivalent to the first night’s accommodation charge which will be charged at the time of booking and will be deducted from your account at the end of you stay. The deposit paid is strictly non-transferrable and non-refundable under any circumstances.
1.6 The guests who are not staying overnight are not permitted on the property without prior agreement from The Dusun.
1.7 The Dusun have the right to vacate any guest who is unruly or unpleasant or who disturbs the peace of other guests. Any conduct contrary to accepted standards of behavior and public order will result in the Dusun asking the guests to leave the resort with no compensation and/or refund. If no payment has been made, the guests will have to pay the price of nights already stayed before leaving the resort.
2. House Rules
2.1 Guests are to take notice of warnings, cautions and hazards highlighted in Sections 3 and comply with instructions provided via signage, lights, safety cautions, or other indications. Failure to comply with the house rules may result in injury to oneself and others.
2.2 While the Dusun takes measures to ensure guests safety, it is not possible to eliminate risks totally as the resort is situation in a mountainous terrain surrounded by dense tropical rainforest. Stay at the Dusun entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to oneself, to property, or to third parties.
2.3 The Dusun will use its best endeavours and exercise all reasonable care in providing safe stay, unless it is prevented by circumstances beyond its reasonable control to do so.
2.4 The Dusun will not be liable to the customer for any loss, damage, costs, expenses, or other claims for compensation arising from any incomplete, incorrect, or inaccurate information or instructions supplied by the customer
2.5 Children of age 12 and below must be accompanied by an adult at all times. As the parents, guardians, or chaperones of children, adult guests are personally and legally responsible for and must supervise them at all times. For safety reasons, please do not leave children unattended in guesthouses or allow them to roam the resort unsupervised.
2.6 Guests should ensure that all members of their party who are unable to look after themselves are at all times fully supervised by the Guests or by a capable adult member of their party.
2.7 Certain areas at the Dusun may not be suitable for guests who are less physically able, or have certain medical conditions. If in doubt, please check with your doctor. Guests should ensure that all members of their party who are unable to look after themselves are at all times fully supervised by a capable adult member of their party.
2.8 Duties of supervision of children and persons who are unable to care for themselves are lie with the parents, guardians and chaperones.
2.9 Except as and to the extent mandatorily implied or imposed by statute, the Dusun make no representations or warranties of any kind (whether express or implied) and in no circumstances shall we be deemed to have made any representation or warranty or be liable for any loss or damage of whatsoever nature that you may suffer.
3. Caution and Known Risks
Insects, Plants and Animals
3.1 The Dusun recognizes its responsibility to respect the environment and is committed to preserve the natural habitat of the wildlife in the area. Insects, plants and animals are part of the Dusun ecosystem. They will not be removed or killed unless they pose a danger. Guests accept that they are surrounded by the tropical rainforest and may encounter wildlife in, at or surrounding the resort area. In rare occasions, guests may encounter snakes and scorpions. While most are generally harmless, some species may be dangerous.
3.2 There are no life guards on duty at the swimming pool. Special instructions and conditions of use are at the entrance of the swimming pool. Guests are also asked to not swim while it is raining as there is a danger of lighting striking the pool.
Open Concept Resort
3.3 The Dusun’s guest houses are premised on an open-concept - it is open to views and air flows. Please also take note that the wooden windows of the guesthouses expand during the rainy season and may not fully shut. The Dusun does not have air-conditioning and advises guests to keep windows open for ventilation.
3.4 CCTVs are placed on the paths surrounding the public areas and leading to the guesthouses and not around or in the guesthouses for the privacy of our guests. The Dusun seeks to minimize the opportunity for the theft of or loss of property belonging to the guests through appropriate security measures. However, guests should use their own insurance policies to claim the full amount of any loss or damage to his/her property prior to arrival at the Dusun. Under the Innkeepers’ Act 1956, an innkeeper may in certain circumstances be liable to make good any loss of or damage to a guest’s property. However, in those circumstances, the Dusun is only liable up to the maximum sum on RM500 under the Act.
3.5 Rainforests are ecosystems filled with large towering trees that receives high amounts of rainfall. It is natural for moss and overgrown roots to take over some footpaths. While the Dusun try its best to keep footpaths moss-free, it is difficult to do so in the rainy seasons. The Dusun also allows roots to grow over some paths to preserve the natural environment. There are inherent risks associated with walking along the footpaths including, among other things, slipping or falling, or injury from falling trees. Nature sometimes hides dangerous obstacles such as tree stumps, rocks and boulders, slippery rocks, dead fall and poisonous or noxious plants, etc.
Surrounding Forested Areas
3.6 Guests should not stray away from footpaths, venture into forest trails or into the surrounding forested areas without a guide. There is a danger that guests may become lost in the surrounding forests’ wild and rugged terrain. There is also a risk of falling branches, trees and fruits such as durians, which may strike individuals causing serious injury to the back, neck, shoulders and head; and are occasionally fatal.
3.7 Vectorbourne illnesses such as dengue can be common in tropical countries like Malaysia. Dengue is a viral infection transmitted by mosquitoes which predominantly feed between dawn and dusk. It causes a flu-like illness, which can occasionally develop into a more serious life-threatening form of the disease. Guests are advised to take measures to protect themselves from mosquito bites to prevent dengue.
3.8 The Dusun is committed to ensuring that our premise continues to be a safe place to stay and visit. The health, safety and wellbeing of all our guests and third-party visitors as always remains our utmost priority. While the Dusun will abide by the applicable standard operating procedures that is for the time being in effect, there still remains a risk of contracting COVID-19 that is beyond the control of the Dusun. Guests are reminded to adhere to the COVID-19 health and safety guidelines issued to the public by the relevant authorities from time to time.
4. Assumption of Risks
4.1 By staying at the Dusun, the Guest warrants and represents that he/she is aware of the abovementioned risks and will take all reasonable and necessary precaution in avoiding them.
4.2 The Guest understands and agrees that his/her stay at the Dusun, including the use of the services and facilities, whether directed by the Dusun or self-directed, comes with inherent risks and hazards, and may result in injury or death including cuts and bruises falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heat exhaustion and permanent disability. The Dusun has taken all reasonable measures to ensure the proper construction and maintenance of its facilities and has taken all reasonable precautions in providing its services, however, these risks cannot be eliminated without jeopardizing the essential qualities of stay at the Dusun.
4.3 The Guest knowingly and voluntarily accepts and assumes any and all such risks that may be suffered by him/her or minors and dependents in her/her charge from their stay or their use of the services and facilities at the Dusun. The Guest agrees to release the Dusun and its employees or agents from all liability and responsibility for any loss, or damage which he/she may incur.
5.1 Notwithstanding all efforts made by the Dusun to ensure the safety and security of the Guest and to the full extent permitted by law, the Dusun shall not be responsible to the Guest or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with the following :
(i) failure to comply with house rules in Section 2;
(ii) any of the hazards or risks mentioned Section 3 and Section 4;
(iii) failure to comply with the fire safety policy in Section 8;
(iv) negligence of the management, its employees, servants or agents;
(v) natural calamity, acts of God, flood, landslide or lightning;
(vi) fire or failure of electric power, gas, water, or other utility service;
(vii) burglary, robbery with or without violence, armed or otherwise;
(viii) criminal acts by third parties; or
(ix) any cause beyond the control of the management, its employees, servants or agents.
5.2 Notwithstanding the above, and to the full extent permitted by law, in the event the Dusun is held liable for any of the aforementioned loss or damage, the sole and exclusive remedy shall be limited to the amount the Guest paid for services or products.
6. Limitation of Liability
6.1 The terms of the Innkeepers Act 1952 (the “Act”) shall apply to the guests of the Dusun. Under the Act, an innkeeper may in certain circumstances be liable to make good any loss of or damage to a guest’s property. However, in those circumstances, the Dusun is only liable up to the maximum sum of RM500. Guests are advised to obtain insurance to cover curtailment, and loss of luggage, personal effects, damages, personal injuries and money/valuable belongings.
7. Damage Policy
7.1 The Dusun reserves the right to charge the Guest the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the Guest to the resort’s property or structure.
Should this damage come to light after the Guest has departed, the Dusun reserve the right to make a charge to the Guest’s credit / debit card.
Removal of Resort Property
7.2 The Dusun further reserves the right to charge the Guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact that the item is missing come to light after the Guest has departed, we reserve the right to make a charge to the Guests credit / debit card.
8. Fire Safety Policy
Burning candles including fire spark candles, birthday cake firework candles, incense, essential oils (diffusing, vapourizing, etc.), any fireworks, open fires and all naked flames are prohibited. The use of cooking appliances and grills, apart from those equipped by the Dusun in the guesthouse kitchens and outdoor barbecues are not allowed anywhere in the guesthouse or anywhere on the Dusun’s property. All these items will be immediately removed by the Dusun. The Guest shall compensate the Dusun for any loss or damage resulting from fire caused by the failure of the Guest to adhere to this fire safety policy or arising out of the deliberate, negligent or reckless act of the Guest.
9. Liability Waiver
9.1 The Guest acknowledges that he/she is aware of the inherent dangers and risks involved in the stay and participation in activities at the Dusun, and that his/her stay and participation is voluntary.
9.2 The Guest understands and agrees that he/she must at all times, comply with all signage as well as directions of the Dusun and its staff on the use of all services and facilities at the Dusun.
9.3 The Guest represents and warrants to the Dusun that he/she is at least 18 years of age, acknowledges that he/she owes a duty of care towards any accompanying minors, and warrants to take all reasonable effort to ensure that the minors comply with all the terms and safety instructions. Minors remain under the care and supervision of their parent or legal guardian.
9.4 The Guest represents and warrants that he/she is the parent or legal guardian of the minors in his/her company or duly authorized by the parent or legal guardian and assumes the duty and obligations of the parent or legal guardian over the minors in his/her company.
9.5 Notwithstanding the generality of the above, any child aged 12 or below must be accompanied and supervised by the Guest or a responsible adult aged 18 or above at all times.
9.6 The Guest acknowledges that he/she owes a duty of care towards any accompanying persons who are unable to look after themselves, and warrants to take all reasonable effort to ensure that such persons comply with all the terms and safety instructions. Such persons remain the responsibility of the Guest.
9.7 The Guest acknowledges that minors and any accompanying persons who are unable to look after themselves are exposed to a higher level of risk and thus, require extra care and protection from the Guest and their respective guardian/parents.
9.8 The Guest acknowledges that the Dusun reserves the rights to refuse entry to any Guest at any time. In the event that he/she is required to leave the premises, he/she shall do so promptly.
9.9 The Guest undertakes to indemnify the Dusun from any and all payments, expenses, costs, and legal fees resulting from any claims and liability with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from the stay in the Dusun’s or the use of its facilities and/or services or his/her own negligent or reckless behaviour and actions.
9.10 The Guest agrees that he/she shall be solely responsible for all his/her belongings. The Guest shall not hold the Dusun responsible for any losses, except where permitted by Law.
9.11 The Guest agrees to comply with the Dusun’s terms and conditions, and obey all of the Dusun’s house rules as well as all safety instructions and policies, verbal and written, including any alterations and amendments to them.
9.12 The Guest represents and warrants to the Dusun that all details and particulars herein and/or given at any time to the Dusun is true and correct.
9.13 To the fullest extent permitted by law, the Guest hereby expressly agrees to waive, relinquish, discharge, release and covenant not to sue the Dusun, its members, officers, directors, employees, advisors, agents, insurers and lawyers (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representatives), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that he/she may have against the Released Parties arising out of, or in any way related to his/her stay or use of the services and facilities at the Dusun, save and except where such Claims are proven to be directly due to the negligence of the Dusun.
9.14 To the fullest extent permitted by law, the Guest hereby expressly agrees on behalf of any and all minors in his/her charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their stay or the use of the services and facilities at the Dusun, save and except where such Claims are directly due to the negligence of the Dusun.
The Guest have read this document, fully understand its terms and agree to be bound by it. The Guest also understands that he/she has given up substantial rights in the liability waiver by signing below, and do so freely and voluntarily without any inducement.