Terms & Conditions

TERM & CONDITIONS

The following terms and conditions shall apply to, and to be read together with the letter of engagement/ letter of appointment/ letter of mandate provided together with this proposal, being our appointment and/or engagement as your travel agency: –

 

  1. CONTRACT DOCUMENTS

The following documents shall form the contract documents herein for this contract. In the event of any ambiguity and/or discrepancy and/or inconsistency arose from these documents, the Travel Proposal and the Terms and Conditions annexed hereto shall prevail:

  • the mandate, letter of award, or letter of appointment;
  • the client’s progressive report;
  • any other documents forming part of the engagement; and
  • variance orders (if any).

The abovementioned documents shall constitute a valid and binding obligation of the parties herein and it shall be enforceable in accordance with the respective terms stipulated herein below.

  1. TRAVEL DATE & TIME

The abovementioned transportation, accommodations, activities and meals (“Package”) are on a tentative basis which is subjected to any changes on, including but not limited to, airline ticket(s) fare rate(s), availability of airline flight schedule, rate of currency exchange and economic factors. Hence, the reservations for the Package (“Reservations”) shall be executed upon receiving your written instructions pertaining to the preferred Package, and such execution thereof shall also be made after receiving the 1st milestone payment stipulated in Clause 3.1 below. Upon completion of the same, we shall confirm to you if the Reservation has been successfully made.

Subject to Clause 3.1 herein, for the avoidance of doubt, we shall retain the sole and absolute right and/or discretion to affect any Reservations before receiving the 1st milestone payment from you. Any Reservations paid and/or made and/or caused by us shall not be construed, in any manner whatsoever, to be a waiver of the 1st milestone payment or any payments required in Clause 3.1 herein.

In the event that the proposed Package is not available, we shall notify you of the same and the parties shall work together to identify a suitable alternative to proceed with and perform the intended trip, and any additional fees or costs associated with the alternative Package shall be borne by you.

The Parties hereby agree and acknowledge that in the event of any objection, disagreement, decline and/or contention by you to any of the contents in the respective Contract Documents, you shall notify us, in writing vide email or letter, within three (3) working days from the date of the execution of the said document(s) forming the Contract Documents. In the event that we do not receive any objection, disagreement, decline and/or contention by you within the stipulated period stated above, you shall be deemed to have agreed to and/or accepted the contents of the same and all arrangements set out therein. For completeness, in the event that you communicate and/or attempt to communicate any objection, disagreement, decline and/or contention by you concerning the same beyond the stipulated period stated above, such objection, disagreement, decline and/or contention by you shall be invalid and unenforceable.

  1. FEE QUOTE & PAYMENT CLAUSE
    • Fee Quote: Our proposed fees (excluding the prevalent service and services taxes (“SST”) rate (“Fees”) shall be payable upon the occurrence of the following: –

Milestones

Fees

1 week upon our appointment as your travel agent i.e, to be calculated from the date of execution of the letter of appointment / letter of engagement / letter of mandate and the Travel Proposal herein (“1st Milestone”)

50% of the Fees

4 weeks before the departure date (“2nd Milestone”)

50% of the Fees

Insofar as the 1st Milestone payment is concerned, subject to receiving your written request, we shall retain the sole and absolute right and/or discretion, to allow an extension of the period of the 1st Milestone payment to a maximum period of one (1) calendar month from the date of the execution of the letter of appointment / letter of engagement / letter of mandate and the Travel Proposal herein.

Upon the expiry of the abovementioned period to pay the 1st Milestone payment by you to us, in the event that you failed to pay the 1st Milestone payment, such failure and/or neglect and/or refusal to pay the said payment shall constitute a breach on your part. Henceforth, we shall retain the absolute and sole right and/or discretion to terminate this contract in light of your breach. Consequentially, you shall be liable and responsible to reimburse and/or pay us for any sum of monies advanced by us on your behalf (with or without your consent or knowledge) for any expenses arising from this contract including but not limited to advance flight booking(s). You shall also be responsible for any fees or costs incurred by us as a result of the cancellation, including but not limited to fees paid to third-party vendors, deposits, and/or non-refundable travel expenses.

In the event of your refusal to reimburse and/or to pay us for such advancements on our demand, we shall be entitled to claim for the said monies as a debt which is due, payable, and owing by you to us.

For the avoidance of doubt, any delay in the termination of this Contract by us due to delays and/or refusal to pay the 1st Milestone and/or the 2nd Milestone payments and/or any other payments arising from the Variance Order, shall not be construed and/or treated as a waiver of our rights to enforce our contractual rights stipulated herein.

Subject to any extension in writing granted by us pursuant to the above terms, we shall retain the right and the sole discretion to impose and/or charge a late payment interest to be calculated at the rate of 8% per annum on all outstanding sums to be calculated from the date of our demand for the 1st and 2nd milestone payments, without any notification to you.

The said late payment interest rate shall be mutually agreed by the parties herein to be a genuine pre-estimate of loss on our part.

This fee quote is valid until and unless, we provide a new fee quote in the event of any changes to amongst others, airline ticket(s) fare rate(s), availability of airline flight schedule, rate of currency exchange and economic factors. Upon the issuance of the new fee quote (if applicable), the said fee quote shall supersede the previous quote accordingly.

  • Other Available Services: Any add on service will be charged accordingly, which includes: –
  • Child or Infant

 

  • “Child” shall be defined as an individual with the age from 2 years to 12 years old whereas “Infant” shall be defined as an individual with the age below 2 years old.
  • Each parent is allowed to share room with a maximum of 2 Children and/or Infants, additional room is required for additional child and/or infant whereby adult rate will be charged.

The charged for Child and Infant shall be as follows: –

Each Infant

10% of quoted adult price

Each Child with twin sharing bed

95% of quoted adult price

Each Child with extra bed

90% of quoted adult price

Each Child without extra bed

85% of quoted adult price

  • insurance coverage;
  • application of visa and/or health certificate;
  • photographer and/or videographer service; and
  • provision of free gifts.
  • Hike in Price: You hereby acknowledges that the fluctuation of prices from our vendors. As such, if you fail to make necessary payment to us in accordance with the payment schedule set out in Item 3.1, any hike in price from our vendors shall be borne you. Any price that is expressly stated as “projection”, “estimation” or any similar cognate expression may subject to further changes if there is any hike in price by our vendors. Such increased sum shall be borne by you subject to us providing you with an advance notification on the increased sum.
  • No Refund: We shall not be responsible for any programme of the Trip that are missed or unconsummated food resulting from the late arrival or early departure of the participants, and no refund shall be made in whole or in part in connection therewith.

 

  • Number of Participants: In the event that: –
  • any participant fails to attend the Trip for whatsoever reasons, you shall be responsible for any fees or costs incurred by us for the participant and no refund shall be made; and
  • the number of participants decreases or changes the names of participants after the booking has been confirmed, Clause 3.4 shall apply mutatis mutandis;
  • the number of participants shall be lesser than the abovementioned Group Size, this Travel Proposal shall be deemed null and void and we reserve the rights to provide a new fee quote;
  • the number of participants increases, we shall adjust the fees accordingly and you shall be liable for the additional amount due.

For the avoidance of doubt, in the event that the Group Size reduces after we had made any relevant payment to our Vendors (e.g., air ticket(s), booking fee for hotel or restaurant etc.), subpara (a) shall apply.

 

  • Ad Hoc Arrangements: Any ad hoc arrangements or upgrades made by you during the Trip, including but not limited to add-on excursions, purchase of gifts or cash give-outs beyond the agreed scope, shall be borne by you and payable within 3 working days upon receipt of our invoice.

 

  • Currency and Payment Methods: Unless otherwise agreed by us in writing, all payments shall be made in Malaysian Ringgit (MYR) by way of cash, bank transfer, cheque or such other methods agreed by us in writing.

 

  • Disputed Payment: In the event of any dispute and/or disagreement and/or contention on any portion of our Fees, you shall provide a written notice to us detailing the reasons for the dispute, within three (3) days of the receipt of our invoice, failing which, such Fees shall not be disputable and shall be deemed to be final and accurate and it shall be binding against you in any legal proceedings. For completeness, any notification to the said effect beyond the stipulated above period, such notification will be ignored and rejected.

 

Without derogating from the above, in the event of a payment dispute, both parties shall make reasonable efforts to resolve the issue through good-faith negotiations and discussions. If the dispute remains unresolved, either party may seek appropriate legal remedies as provided by Malaysian law.

  • Tax and Duties: You shall be responsible for any applicable taxes, duties, or levies imposed by the Malaysian government or other relevant authorities and you shall remit such payments in addition to the Fees.

 

  1. VARIATION OF TRAVEL PROPOSAL

We reserve the rights to vary the itinerary or the Travel Proposal at any time due to circumstances beyond our control. In the event: –

  • the variation does not significantly alter the nature of the package, we shall notify you of such variation;
  • the variation is more inferior than the original Package, we shall refund to you that is proportionate to the extent of the variation made; and
  • the variation is requested by the participants or you, we shall provide a quote for the requested variation and such variation shall be made after your agreement to the quote.

 

 

 

  1. HYPERSENTIVITY

You shall inform us in writing, of any special needs or conditions, including but not limited to pregnancy, food intolerances, disabilities and/or or medical conditions that require special attention or accommodation, prior to the Reservations. We shall not be liable for any loss or injury arising from or relating to such special needs or conditions.

  1. COMPLIANCE WITH RULES

You shall use your best endeavours to ensure participants to comply with the rules, guidelines, the general prudence and diligence and the specific rules and regulations of the countries of destination of the Trip. The participants shall comply with all airline regulations, including baggage limits. Any excess baggage fees shall be borne by the participants.

  1. LIMITATION OF LIABILITY

We shall not be liable for any injury, loss or damage to any person or property arising from or in connection with your use of any venue, transportation, accommodations, activities, or meals arranged by us. You shall indemnify us (including our agents and employees) and hold us harmless from and against any and all claims, liabilities, damages and expenses arising from or in connection with your utilization of the Package.

If expression like “satisfactory”, “satisfaction” or any cognate expression that impute any subjective standard or requirement shall be evinced by proper documentation. To this end, any service rendered shall be deemed satisfactory unless we have been notified of your dissatisfaction and we have failed to remedy such dissatisfaction (circumstances beyond our control excepted).

  1. FORCE MAJEURE

We shall have the rights to cancel the Trip or modify the itinerary in the event of any circumstances beyond our control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, inclement weather or changes in government regulations. In such cases: –

  • we shall not be liable for any damages or losses incurred by you, and any refunds or compensation shall be subject to the terms and conditions of the relevant vendors; and
  • we shall be entitled to claim from you any costs or expenses incurred by us.
  1. WHOLE AGREEMENT

Save for the exceptions stated herein, this Travel Proposal (together with any documents referred hereto) constitutes the whole agreement between the parties hereto relating to the subject matter of this Travel Proposal at the date of this Travel Proposal to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between the parties in relation to the matters dealt with in this Travel Proposal. It is expressly declared that no variation hereof shall be effective unless made by the parties hereto in writing.

  1. COMMUNICATION

Any notice or communication by way of instantaneous electronic media in connection with the Trip shall be deemed delivered on the date of receipt by the recipient.

  1. SEVERABILITY

If any provision of this Travel Proposal or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

  1. TIME

Time whenever mentioned in this Travel Proposal is of the essence.

 

  1. GOVERNING LAWS

This Travel Proposal shall be legally binding and governed by the laws of Malaysia and its validity, construction and performance shall be interpreted in accordance with laws of Malaysia. The courts in Malaysia shall have jurisdiction relating to all matters affecting or arising out of this Travel Proposal and the parties hereto hereby submit to the jurisdiction of the Courts of Malaysia for these purposes and for the determination of all actions and proceedings arising out of this Travel Proposal.

  1. COLLECTION OF AND PROCESSING OF PERSONAL DATA

Please note that in the course of carrying out our work we are required to process data which may be personal to individuals this are classified as “personal data” in accordance with the Personal Data Protection Act 2010 (“PDPA”). For the purposes of the Trip, we will collect various information from you in order to implement our given scope of work. In certain circumstances, we may also obtain or have obtained your personal information from third parties such as your representatives, employees, financier, insurer, intellectual properties agents, tax consultants or other organizations.

In some circumstances, you may provide personal relating to others for the Trip. In such cases, you represent and warrant that you will obtain or have obtained their consent or are otherwise entitled to provide their information to us (Note: Kindly refer to Sections 130 and 131 of the PDPA).

You hereby agree and authorize us to use your name and such photographs and videos taken during the Trip for our marketing purposes (including posting on social media platform). In addition, you warrant and represent you have obtained all necessary consents from all Participants featured in the photographs and videos taken in the Trip to authorize us to use such photographs and videos for marketing purposes. This authorization shall survive the termination of this Travel Proposal and the completion of the Trip.

  1. WAIVER OF RIGHTS

No modification or waiver of any provision of this payment clause shall be effective unless it is made in writing by the parties. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or otherwise. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law. Without limiting the foregoing, no waiver by any Party of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

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