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| 1.
TERMS AND CONDITIONS OF USE AND PURCHASES |
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Your use of the borneotours.com.my websites is on condition
that you accept without variation the terms and conditions
set out here in which may be varied by us (borneotours.com.my)
from the time to time without notice to you.
Your use of these website
constitutes your agreement to all the terms and conditions
in force for the time being as set out herein. If you
do not agree to any part of the following terms or conditions,
you must not use these website.
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| 2.
REPRESENTATIONS & WARRANTIES |
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You represent and warrant
that:
a. You are of sufficient legal
age to use these website in accordance with all terms
and conditions herein
and to create
binding legal obligations for any liability you may incur
as a result of the use of these
websites.
b. All information supplied by
you in using these website are true and accurate.
c. You will not post or transmit
any unlawful, threatening, libelous, defamatory, obscene,
indecent,
inflammatory,
pornographic or profane material that could constitute
or encourage would be
considered
a criminal offence, give rise to civil liability, or otherwise
violate any law.
d. You will not use these website
to make any speculative, false or fraudulent reservation
or any in anticipation
of demand.
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| 3.
DISCLAIMER |
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Your use of these websites is
at your sole risk. These websites (including the products
and services) is provided on as “as is” basis
and you assume total risk and responsibility for your
use of these websites.
To the maximum extent permitted
by law, borneotours.com.my specially disclaims all warranties,
express or implied in respect of these websites purpose,
non-infringement of intellectual property or other proprietary
right or compatibility between these websites and any
software or hardware.
The information contained in these websites is subject
to change without notice. borneotours.com.my neither warrants
nor makes any representations regarding the accuracy or
completeness of these websites or of any of the date or
information contained in these websites or that the use
of these websites will be uninterrupted or error free
or that any information, data, content, software or other
material accessible through these websites will be free
of bugs, viruses, worms, Trojan horses or other harmful
components.
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| 4.
LIMITATION OF LIABILITY |
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borneotours.com.my shall not be
liable for any direct, indirect, special, incidental or
consequential damages arising out of or in any way connected
with the use of or inability to use these websites, or
the information, products and services obtained through
these websites, the submission of any personal information,
including but not to, bank and credit card details, the
performance or non-performance by borneotours.com.my,
or any unauthorized access or breach of security into
these websites through the internet or otherwise arising,
whether contract, strict liability, tort (including negligence),
product liability or otherwise even if borneotours.com.my
has advised of the possibility of such damages. Notwithstanding
anything to the contrary in this Agreement, the liability
of borneotours.com.my shall in no event exceed in the
aggregate, Ringgit Malaysia One Thousand.
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| 5.
ACKNOWLEDGEMENT |
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The disclaimer and limited liability
of borneotours.com.my as set in this Agreement are fundamental
elements of the basis of the bargain between you and borneotours.com.my,
and you agree that borneotours.com.my would not otherwise
be able to offer the products and services on its present
basis without such limitations. This clause shall service
any termination or this Agreement.
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| 6.
FORCE MAJEURE |
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borneotours.com.my shall not be
liable for damages of any kind arising out of any failure
or delay by borneotours.com.my in performing any or all
of our obligations contained herein or in respect of any
product or service if the failure or delay is due to circumstances
or cause beyond our reasonable control.
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| 7.
CANCELLATION OF SERVICE |
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borneotours.com.my may at any time
and at its sole discretion and without cause or notice,
terminate or restrict you access to these websites or
refuse to give effect to any booking or reservation requested
by you without being required to give any reasons or advance
notice to you.
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| 8.
INDEMNITY |
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You shall indemnify and keep borneotours.com.my
indemnified against all claims, demands, actions, proceeding
made or brought against borneotours.com.my arising from
you use of these websites and/or any breach of any term
or condition by you. |
| 9.
LINKS TO THIRD PARTIES |
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These websites may contain hyperlinks to websites operated
by parties other than borneotours.com.my. The inclusion
of hyperlinks to such websites does not imply borneotours.com.my
endorsement of such websites not any association with
their operations. borneotours.com.my is not responsible
for contents of other websites. |
| 10.
VARIATIONS |
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borneotours.com.my may at any time vary these terms of
use (including without limitation borneotours.com.my conditions
purchase as set out below). |
| 11.
SEVERABILITY |
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Any provision of this Agreement
which is invalid, prohibited or unenforceable in any jurisdiction
shall:
a. Be ineffective in that jurisdiction
to the extent of the invalidity, prohibition or unenforceability;
b. Not invalidate the remaining
provisions of this Agreement; and
c. Not effect the validity of
that provision in any other jurisdiction.
d. You will not use these website
to make any speculative, false or fraudulent reservation
or any in anticipation
of demand.
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| 12.
RELATIONSHIP BETWEEN THE PARTIES |
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No joint venture, partnership, employment or agency relationship
exists between you and borneotours.com.my as a result
of this Agreement or your use of these websites. |
| 13.
ADDITIONAL TERMS AND CONDITIONS |
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Additional terms and conditions will apply to your booking
and purchases of our products and services. You agree
to abide by borneotours.com.my’s conditions of purchases
and/or the terms and conditions of any supplier of the
travel-related products or services. |
| 14.
ENTIRE AGREEMENT |
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This Agreement (including borneotours.com.my’s conditions
of purchases which are set out below) is the entire Agreement
between the parties in respect of its subject matter and
supersedes all prior understanding or Agreements (whether
oral or written) regarding the subject matter. |
| 15.
GOVERNING LAW |
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This Agreement shall be governed by and construed in accordance
with the law of Malaysia and you shall submit to the non-exclusive
jurisdiction of the courts of Malaysia. |
| 1.
www.borneotours.com.my CONDITIONS OF PURCHASES |
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Please note that the booking and purchase of our products
and services are subject to the following terms and conditions
AND other terms imposed by our supplier(s) from time to
time (supplier Term”).
By effecting a booking through these websites, you agreed
to be bound by borneotours.com.my conditions of purchases
and the supplier terms.
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| 2.
CHANGE OF RATES |
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The rate quoted in respect of the products or service
is subject to change without notice. |
| 3.
TRAVEL VOUCHERS |
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It is your responsibility to ensure that the details on
your travel voucher are in order. You are liable for any
additional charges arising from correction of any inaccuracies
in the voucher. |
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4 . PAYMENT |
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a. Payment may be made
by credit card or cash payment by bank-in to our account.
b. All payment must be made in full upon confirmation
or your reservation will be cancelled automatically.
c. Payment by credit card will be in online or offline
settlement mode.
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| 5.
BOOKING/RESERVATION REQUESTS |
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In order for us to process your booking/reservation request,
you are required to provide details of passenger/s name,
date of birth, NRIC no or passport no with expiry date,
citizenship, credit card or etc. Submission of your booking
request shall be deemed to be IRREVOCABLE AUTHORIZATION
by you for borneotours.com.my to book the Travel Product(s)
immediately on your behalf and charge your credit card
for full payment upon receipt of the Supplier’s
confirmation of the availability of your requested Travel
Product(s).
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| 6.
NO LIABILITY |
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borneotours.com.my merely
acts as a platform for products and services of the supplier
and shall not be responsible nor liable for:
a. overbooking, misinformation
or mishandling of any reservation or booking by the supplier;
or
b. any other dissatisfaction or
complaint of the member relation top the quality of the
product or services
provided by
supplier or otherwise howsoever;
c. any damage or loss to your
personal property or personal injury howsoever or caused.
In the event of mishandling, misinformation or overbooking
by a supplier, or any other dissatisfaction or complaint
aforesaid, the member should take up the matter directly
with the supplier who is under an obligation to deal with
such matters in accordance with borneotours.com.my policies.
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| 6.
TRAVEL REQUIREMENTS |
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It is your responsibility to obtain a visa (where required
by law of Malaysia)
Please ensure you have a valid passport for the duration
of your trip. If you require any further information on
visa requirements, please contact us.
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| 7.
FORCE MAJEURE |
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Neither borneotours.com.my nor the supplier shall be liable
for damages of any kind arising out of changes to the
rates, rouse, timetable, itinerary in respect of the product
or services due to unforeseen circumstances or circumstances
beyond our control or cause by nature.
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| 8.
ON REQUEST |
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Where you request a product or service which is subject
to confirmation, you irrevocably authorize borneotours.com.my
to automatically charge your credit card upon receipt
of confirmation from the supplier of the product or services
at the quoted rate.
All reservations must be made through our website at least
14 days before departure or arrival and is subject to
availability.
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| 9.
NON-AVAILABLILITY |
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All products and services offered on these websites are
subject to availability and acceptance, at the discretion
of the supplier of such product or service.
In the event a product or service booked by you is not
available, borneotours.com.my shall use its reasonable
endeavors to suggest an alternative product or services
of similar pricing and quality.
Where the product or service is either not available or
our suggested alternative (where applicable) is not acceptable
to you but fully paid, we shall make a refund in accordance
with our refund policy.
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| 10.
REFUND POLICY |
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Refunds may be made by
borneotours.com.my in the following circumstances:
a. The product or service fully
paid for is not available and our suggested alternative
is not acceptable to
you or
b. You cancel your booking within
the time period stipulated in our travel voucher where
refunds are
available (
the “cancellation Period”)
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| 11.
CANCELALTION PERIOD |
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In the event of a confirmed booking being cancelled/Partially
cancelled, a cancellation charge will be levied. Any cancellation
received will incur the following cancellation charges:-
Accommodation
If notification of cancellation is received after booking
is confirmed (Hotel check-in voucher issued) or payment
is done, there will be a cancellation charges as below
plus a 4% or RM 50 (Whichever is higher) of administration
fees.
- 45 days and above before check-in date the
full amount will be refunded.
- 14 to 45 days before check-in date one room
night per room will be charged.
- Below 14 days or no show, there will be
no cancellation acceptable and there will be no refund.
- During Peak season, closed out period and
eve & public holidays, once booking is confirmed and
voucher
issued, no cancellation is allow and
strictly NO REFUND.
- Due to each hotel’s terms and conditions
differs from each other, when we sent out the confirmation
to
our guest, the cancellation policy
of each hotel will be mentioned.
- Any cancellation policies dictated by the
hotel during the peak season, closed out date will always
supersede those stated here. In such
case borneotours.com.my staff will inform you clearly
and complete
details when we issue the confirmation
voucher/email to you.
- Booking under promotion Rate No Refund or
amendment is allows.
Tours, Transfer and Packages
If notification of cancellation is received after booking
is confirmed (voucher issued) or payment is done, there
will be cancellation charges as below plus 4% or RM 50
(whichever is higher) of administration fees.
- 45 days and above before arrival date, the
full amount will be refunded.
- 30 to 45 days before arrival, 25% of the
total charges.
- 14 to 30 days before arrival, 50% of the
total charges.
- 7 to 14 days before arrival, 75% of the
total charges.
- Below 7 days or no show, there will be no
cancellation acceptable and there will be no refund.
- During Peak season, closed out period and
eve & public holidays, once booking is confirmed and
voucher issued, no cancellation
is allow and strictly NO REFUND.
- Due to each hotel’s terms and conditions
differs from each other, when we sent out the confirmation
to our guest, the cancellation
policy of each hotel will be mentioned.
- Any cancellation policies dictated by the
hotel during the peak season, closed out date will always
supersede those stated here. In
such case borneotours.com.my staff will inform you clearly
and complete details when we issue
the confirmation voucher/email to you.
- Booking under promotion Rate No Refund or
amendment is allows.
Flight
Non-refundable once ticket issued.
To cancel your reservation, you must do one of the following:
a. Cancel by sending us an email
(enquiries@borneotours.com.my) with the word “CANCEL”
in the subject line
and quoting your booking ID with detail of your reservation
like name, relevant dates, hotel name and
etc or
b. Cancel by sending us a facsimile
(603 – 5637 0988) with the word “CANCEL”
and quoting your booking ID
with detail of your reservation like name, relevant dates,
hotel name and etc.
We do not accept cancellations by telephone.
If you were to cancel directly with the hotel itself,
we will not entertain any dispute, promises or refund
that transpire between your goodself and the hotel staff
at all
Failure to do so will result in you being subject to the
conditions described above so it is imperative that you
let us know as early as possible.
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| 12.
OTHERS |
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Payment made by credit card and the transactions are handled
by a third-party financial institution, which receives
the credit card number and other personal identifying
information only to verify the credit card numbers and
process transactions. Payments are therefore subject to
approval of the financial institution and borneotours.com.my
shall not be liable in any way if such institution refuses
to accept or honor the credit card for any reason.
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