All customers are acknowledged to have read and understood the following terms and conditions when they book with us.
Please read these booking conditions carefully. They set out your agreement with Whoa Adventures Sdn Bhd and our associate operators (hereinafter referred to as the Company" or "Whoa Adventures") and contain important information.
1) THE CONTRACT
It is essential that you carefully read and that you understand these Terms and Conditions which contain important information. They constitute the contract between Whoa Adventures Sdn. Bhd. and you for the services provided by Whoa Adventures Sdn. Bhd. And our associate operators and set out the basis of your legal relationship with Whoa Adventures Sdn. Bhd.
By booking with us you acknowledge that you have read and understood and that you agree to be bound by these Terms and Conditions.
By making a booking by telephone, or on our website, or by email or facsimile with the Company you accept and are bound by these Terms and Conditions. The person or persons named on the booking are hereafter referred to as the -Client". These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
2) BOOKING FEE REQUIREMENT/ CLIENT DETAILS
Booking fee is at 50% of trip price and must be paid 45 days before the date of the trip. This booking fee is refundable. Booking fee will not be refunded if cancellation is made after 30 days before the trip. The Company will require client details that will be specified in your booking form. Client details will, as a minimum, include:
a) Full name;
b) Gender,
c) Mobile phone number;
d) Email Address;
e) Identification card/ passport number;
f) Date of birth;
g) Proposed accommodation check-in and check-out dates;
h) Required proposed pick-up and drop-off dates and time;
i) Flight number, arrival and departure time
3) FINAL PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS
Final payment for Whoa Adventure trips must be confirmed in writing by the Company. Please refer to your confirmation invoice for details regarding final payment. Payment of the balance of the tour price is due 20 days before the departure date. If a booking is made 20 days or less before the departure date then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client's booking as cancelled.
4) LAST MINUTE BOOKINGS
For any bookings made within 10 days of departure, there will be a RM$50.00 fee charged to the file. This last minute booking fee covers the Company's additional costs for couriers, communication, and administration.
5) CANCELLATION BY THE CLIENT
Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the letter is received by the Company will determine the cancellation applicable. Cancellations made after 20 days before the date of the trip will not be refunded. We reserve the right to grant refunds based on compassionate reasons.
6) CANCELLATION OF A TOUR BY THE COMPANY
The Company reserves the right to cancel a tour for any reason, but will not cancel a tour less than 30 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company's control. When a tour is cancelled by the Company, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc. If the alternative tour chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. An alternative tour chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
7) UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination, i.e. sickness, death of a family member, etc.
8) PRICES AND SURCHARGES
The Company reserve the right to impose surcharges (price increases) up to 45 days before departure due to unfavourable changes in exchange rates, increases in transportation / petrol costs, increases in local operator costs, taxes, or if government action should require us to do so.
9) VALIDITY OF INFORMATION
The prices in this brochure and on our website are based on exchange rates and costs in effect at time of printing the brochure or posting to our website. Whoa Adventures reserves the right to alter prices for new bookings if these rates change substantially. The validity of the information is advised on each channel such as brochures and our website. For trips that are beyond 31st December 2006, the itineraries and prices are indicative only.
10) FLEXIBILITY
The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries. amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, climate and other unpredictable or unforeseeable circumstances.
11) CHANGES
(a) Changes made by the Company: The Company reserves the right to change any of the facilities, services or prices described in the brochure before a booking is made. If such a change is made, the Client will be told at the time of booking or when the change occurs. While the Company will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is lime before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid of accepting any alternative tour offered by the Company.
(b) Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 45 days before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge an administration fee of 10% of the value of the first booked tour. Any request to transfer received less than 45 days, before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tone A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation lees will apply.
(c) Transfer of name: If you are prevented from traveling on the tour you booked by circumstances, you may transfer your booking to another person, provided they meet all the requirements relating to that tour. If changes are made after 30 days before departure, administrative lee of 10% of the total value of the tour will apply.
(d) Amendments: Within 30 days of departure any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of RM$50.00. No amendments are permitted to your booking within 10 days of departure.
12) ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
13) AUTHORITY ON TOUR
At all times the decision of the Company's tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with us the Client agrees to abide by the authority of the tour leader, who represents the Company. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of Malaysia. If the Client is affected by any condition, medical or otherwise, that might affect other people's enjoyment of the tour, the Client must advise Whoa Adventures at the time of booking in writing. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client's behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that Client's travel arrangements without any liability on the Company's pad and the Client will not be entitled to any refund.
14) TRAVEL DOCUMENTS
The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (your passport must be valid 6 months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents and permits, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas. vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided.
15) FACTORS OUTSIDE THE COMPANY'S CONTROL (FORCE MAJEURE)
Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or properly or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or properly is caused by Act of God, war or war like operations, terrorist activities, civil commotion, labor difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, or any other cause whatsoever beyond the reasonable control of Company.
16) INSURANCE
Clients are well advised to obtain travel insurance while traveling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. When the Client has obtained personal accident insurance through the Company, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by the Company. Where the Client has declined to purchase insurance through the Company, the Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost When obtaining travel insurance from a source other than the Company the Client most ensure the insurer is aware of the type of travel to be undertaken.
17) RESPONSIBILITY FOR YOUR TOUR
All services herein are organized by Whoa Adventures. Notice is hereby given that all arrangements made on behalf of customers are made by organizers on the sole condition that the organizers shall not be held responsible la any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any company and/or person engaged in carrying out the arrangements. Whoa Adventures acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, ay defect in a vehicle or any other form of conveying a traveler, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house, pension, or other form of accommodation.
The Company provides services with due care and skill. The Company is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage or expense (including loss of money paid in advance) which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by the Company which has not been stated expressly in this brochure. The Company will not accept responsibility or liability for any passenger who contravenes any law or regulation of any country visited. Any independent arrangements that you make that are not part of the Company’s s trip are entirely at your own risk.
The Client acknowledges that the quality of the products organized by the Company, including accommodations and all other services related to the tour which are organized by the Company, are not within the control of the Company and that in any event the quality of such products may be compromised by local conditions. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related b the quality of such products. The information contained in this brochure is correct to the best of the Company's knowledge and the Company accepts no liability for any innocent inaccuracies contained herein. The Company reserves the right to alter any itinerary in progress or service at any lime without penalty to the Company. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement and agreement of the above items.
18) HEALTH AND FITNESS
The majority of trips are not demanding for people who are healthy and reasonably fit. Trips graded Moderate and Challenging require a good level of fitness. Please ensure you select a suitable holiday, and if necessary contact the Company for further advice. The Company strongly recommends a visit to your doctor and dentist before your trip. You must ask your doctor about current inoculation requirements.
19) CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company, the Client must first inform the tour leader or company representative whilst on the tour in order that the leader/representative can attempt to rectify the matter. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Company within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
20) SUPPLIERS CONDITIONS
Airlines, railways, coach, shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.
21) LOCAL CONDITIONS
Client acknowledges that she/he will be visiting places where the cultural and geographical attributes present certain dangers and physical challenges greater than those present in our daily lives. By booking travel with the Company, Client acknowledges that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. Client is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each slop along the itinerary, and is encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
22) OPTIONAL EXTRAS
Optional extras do not form part of the lour or contract. It is understood and accepted by the Client that ay assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Amongst others, optional extras include park fees which may not included in the tour price unless explicitly expressed.
23) SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy on la any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
24) SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
25) ERRORS AND OMISSIONS
Although the Company has made a conceded attempt to verify the accuracy of statements made herein and the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure.
26) PUBLICITY
You agree that the Company may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
27) PRIVACY POLICY
We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. Certain information will be collected by us to supply the services to you. Your personal information is collected only to enable us to provide you with the services you wish us to provide. The information may be disclosed to or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. The products or services may not be provided without this information. The information may also be used to inform you of additional products and services, which may be of interest to you. All marketing material sent to you will include an option for you to request removal from mailing or contact lists for any future marketing. All reasonable information which we collect will be kept confidential to the best of our ability. Whoa Adventures will not disclose personal information such as your name, address, telephone number to any person outside of the organisation, unless you have authorised us to do so or unless required by law to disclose such information. Furthermore, under no circumstances will the Company sell or lease or in any other way provide personally identifying information to any third party. You may request access to your personal information while it is stored by us and we will assess your request in accordance with the law. We will give you reasons where we deny access. Once your personal information is no longer required, we will take reasonable steps to destroy or permanently de-identify the information. We do our utmost to protect your personal information.
28) APPLICABLE LAW AND CHOICE OF FORUM
This Agreement shall be governed by the laws of Malaysia. Each party hereto irrevocably submits to the exclusive jurisdiction of the Federal Court of Malaysia at Kuala Lumpur, Wilayah Perseketuan, Malaysia in respect of any action or proceeding relating in any way to this agreement.
Updated April 1, 2005 Malaysia.