YOUR CONTRACT – PLEASE READ THIS CAREFULLY
These booking terms and conditions govern all bookings that you make with E-BORNEO.COM TOURS & TRAVEL SDN BHD (the Company).
This contract will come into existence between us when we accept your booking and full payment in cleared funds have been received.
All services offered are subject to availability.
When you make a booking, you confirm that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.
It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
Reservation for tours and accommodation must be made in writing to E-BORNEO.COM TOURS & TRAVEL SDN BHD via facsimile or e-mail.
To ensure that your reservations are processed smoothly, please furnish to us the following information (All Participants):
- Full name as per passport
- Passport No.
- Passport Expiry
- Place of Issue
- Date of Birth
- Rooming list / room type and special meals arrangement if required
- Pick-up point / Arrival & Departure dates including flight details
Upon confirmation of booking, a deposit of 50% of the total tour price per person is required within 7 days to secure reservations.
Full payment must be received 30 days prior to guest’s arrival. Failure to comply with term of payment will result in the cancellation of your reservation. Payment can be made via telegraphic transfer or Internet Online Banking to our bank as detailed below:
Lot 1, Nountun Industrial Estate
Mile 5 1/2, Jalan Tuaran
88450 Kota Kinabalu
CURRENT A/C NO:
Kindly advise us by email or fax of your remittance details (i.e. remittance date, your Bank and its corresponding Bank in Malaysia).
Late bookings can be accepted subject to availability of accommodation and other facilities. Full payment upon confirmation is needed for late bookings.
In the event that full payment is not received, the Company has the right to stop, cancel or downgrade the tour schedule wherever applicable, and this contract will automatically be null and void.
CANCELLATION/AMENDMENT BY THE CLIENT
All amendments or cancellations must be received and acknowledged by us in writing (i.e., e-mail). Any Hotels, Restaurants, Carriers, Contractors and other companies related to the services required may charge cancellation fees depending on the circumstances. If any such charges are imposed by them, these charges will be billed to you through E-BORNEO.COM TOURS & TRAVEL SDN BHD.
For cancellations received before tour commencement, the following charges will apply :
30 days and above before arrival 30% of tour cost forfeited
21 days to 27 days before arrival 50% of tour cost forfeited
14 days to 20 days before arrival 75% of tour cost forfeited
7 days to 13 days before arrival 100% of tour cost forfeited
Passenger “no show” 100% of tour cost forfeited
For services not utilized, no refund will be made for any part of services, tours hire, meals etc.
Note: If, some, but not all-party members, cancel the holiday or part of it, additional charges may be payable by the remaining members.
CANCELLATION BY US
We reserve the right to cancel your holiday for any reason. However we will not cancel your holiday less than 8 weeks prior to departure unless it is for a reason outside our control. If we have to cancel your holiday we will offer you:- alternative travel arrangements of equivalent or of very closely similar standard and price, if available travel arrangements of a lower standard and a refund of the difference in price; or a full refund of all monies paid.
LIABILITY AND LIMITATION
The Company shall not be liable for failure of travel service suppliers, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers. The Company, in providing travel management services, does not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you for which payment has been made, the sole recourse for refund shall be with the defaulting supplier, from insurance covering such defaults if any or from other responsible third party unless such was caused by the Company.
The Company has the sole and absolute discretion to cancel or shorten the duration of any tour in the event of hostilities, accident or other circumstances beyond the control of the Company which render it necessary in the Company’s reasonable opinion that such steps be taken. The Company shall be relieved from all liabilities and obligations resulting there from. The Company assumes no responsibility of liability for any injury, damage, loss, accident with any services resulting directly or indirectly from acts of God, strikes, government regulations, theft, failure of any means and discrepancies of changes over which it has no control.
The Company acts only as an agent for the hotels, guesthouses, airlines, bus companies, railway, restaurants and other contractors and shall not be liable or responsible for any loss, injury or damage to person, property or otherwise whether due to its or their negligence or otherwise in connection with any accommodation, transportation or any other services.
SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special requests, please advise us at time of booking. Although we will endeavour to pass any such requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing before of booking giving full details. Regrettably, many overseas destinations do not have even basic facilities required by disabled travellers. If we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Payment for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions We expect all clients to have consideration for other people. If in our reasonable opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your arrangements without notice. In this situation your total booking with us, including your return transportation arrangements, will immediately cease and we will not be responsible for paying any costs, expenses, refunds or compensation.
We will not pay you compensation and will not be held responsible, if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include war or threat of war, civil strife, industrial dispute including air traffic control disputes, terrorist activity and its consequences, natural and nuclear disaster, fire or adverse weather conditions, epidemics & pandemics, unavoidable technical problems with transport, closure or congestion of airports or ports. You can check the current position of any country by telephoning the Foreign and Commonwealth Offices Travel Advice Unit on 0845 850 2829.
You are responsible for obtaining valid passports, visas, vaccination certificates, health documents, foreign exchange for personal requirements etc. It is your responsibility to check entry requirements with the Embassy or Consulate of the country you plan to visit. You should also contact your GP in good time before you travel for health advice. You will be solely responsible if failure to obtain such documents results in your being unable to travel or refused entry or in fines, surcharges or other financial penalties being imposed on you. The Company has no liability whatsoever to you through your failure to do so. It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited. The Company and its representatives reserve the right to cancel your holiday at any time if in our reasonable opinion you are found to be behaving in a socially unacceptable manner or indulging in illegal activities, without any refund and legal claim against the Company.
Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under two years of age on the date of his/her return flights.
We will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your arrival is not as described in the final itinerary. We do not accept responsibility for any occurrence that is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.
TOUR PROTECTION PLAN
During your holiday, the Company will ensure the best possible safety to the travellers. Anyhow, for claims which involve personal injury, illness or death, the Company has not to be considered liable. By signing the contract, you confirm your understanding that you are fully responsible for your health within the travel.
We strongly recommend that you and all members of your party are covered by a policy of travel insurance for peace of mind during vacation.
CLAIMS AND COMPLAINTS
If you have a complaint during your holiday, please bring it to the attention of our local Representative / Agent / and or the hotel as quickly as possible, so that they can attempt to rectify the matter on spot.
This contract is governed by the Laws of Malaysia, and any dispute arising between the parties is subject to the jurisdiction of the courts of Malaysia.