TERMS & CONDITIONS
The services provided and the respective responsibilities and liabilities are outlined and governed by these TERMS AND CONDITIONS.
The online submission of the booking/enquiry request form or via email shall be deemed to constitute the acceptance of the Terms and Conditions and Payment Methods by the Client. The Client shall ensured that he has the authority to act for and on behalf of the persons named on the Booking/Enquiry Request Form for the travel and tour services. For purposes of these Terms and Conditions, 'Client' hereby referred to the named persons in the Booking/Inquiry Request Form including any travelling companions.
All general and collateral agreements or special requests of the client must be recorded in a written form and are deemed to be officially agreed upon only after their being included in the booking confirmation and client invoice.
1.0 Modes of Payment
Full payment will be required for all bookings / reservation before tour commencement.
The tour prices are quoted in Ringgit Malaysia (RM):
1. Payment via bank-in/telegraphic transfer to our Malaysian bank account in Ringgit Malaysia (RM).
2. Payment via visa/master credit card in Ringgit Malaysia (RM) only. A 3.0% convenience fee applies.
We accept payment by cash, cheques and interbank funds transfers (all administrative bank charges to be borne by client). Please bank-in or telegraphic transfer to our appointed company bank account(s) and fax/email us the bank-in or TT slip for our reference. Credit card payments (VISA or MASTERCARD only) can be processed via a secured payment web link sent to your email address.
Deadline / cut of date for deposit and payment will be guided and advice upon our written confirmation of bookings. Any booking without payment within the stipulated terms and conditions will be considered cancelled.
2.0 Reservations Deposit & Payment Terms for Mount Kinabalu Climb with Via Ferrata activity
The reservation for Mount Kinabalu Climb & Via Ferrata packages can only be held for 5 days from the date of invoice issued. A 100% full payment is required to secure the climb slots. Other 3rd parties’ (Mountain Torq’s) terms & conditions as stated on this website link http://www.mountaintorq.com/terms-conditions shall also apply. Failure to comply with this may result in an automatic cancellation of your reservation and the release of your climb slots to others in the queue system without prior notice. All bookings are subject to availability at the time of booking.
3.0 Amendment
Amendment to bookings after payment is made will be charged at a minimum of RM50.00 per service amendment in addition to any changes as levied by the hotels, climb operators or service providers concerned and other 3rd party company involved. A transfer to another package less than 30 days prior to the departure does not constitute an amendment but entails the cancellation of the original booking and is subjected to the appropriate cancellation fees stated in the clause of “Cancellation Policy”.
4.0 Cancellation Policy
In the event of cancellation of booking by Guest, a written notice must be provided. Any postponements are considered as a new booking.
Any cancellation shall be liable to pay a fee to cover the estimate cost and expenses incurred by the travel agent and others 3rd party involved based on the terms and the schedule set out hereunder:-
|
PERIOD OF NOTICE |
CANCELLATION FEE |
|
31 days or more |
50% of the total tour price / package |
|
15 – 30 days |
75% of the total tour price / package |
|
Less than 14 days or No Show |
100% of the total tour price / package |
For tour products or individual components supplied by 3rd parties, e.g. Air Tickets, Hotel/Lodge Bookings, etc, cancellation fees under the terms and conditions of the respective 3rd parties shall apply plus a minimum handling charge of RM50.00 per service per person.
If the change or cancellations is due to force majeure events (including without limitation political unrest, war or threat of war riots, civil strife, closure of airports or ports, industries disputers, terrorist activity, natural and nucleus disasters, fire, epidemic or health risk, Acts of God, flood, adverse weather conditions or other similar events beyond Borneo Via Ferrata and the respective travel agent’s control), you agreed no refund or resources can be claimed against Borneo Via Ferrata and the respective travel agency.
5.0 Refunds
There would be no refunds for cancellation after the tour has commenced or for any unused tour services including but not limited to transfer, meals & accommodation, sightseeing or any other services not utilized.
6.0 Special Requests
Borneo Via Ferrata and the respective travel agency will endeavor to meet your special requests on meals, dietary requirements, private, heated or adjoining rooms, coach seating arrangements and so on, please inform the reservations department during booking. However, such requests are strictly subject to confirmation and availability.
Borneo Via Ferrata and the respective travel agency will endeavor to meet your special requests on meals, dietary requirements, private, heated or adjoining rooms, coach seating arrangements and so on, please inform the reservations department during booking. However, such requests are strictly subject to confirmation and availability.
7.0 Risk Managament
On the adventure tours which include Mountain Climbing & Via Ferrata, the location is in areas where it is less accessible and the events that may occur in such places are less predictable. There will be elements of uncertainty as we are visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in our daily lives. Borneo Via Ferrata and the respective travel agency will put every effort to ensure comfortable travelling of the Client, but we seeks mutual understanding that certain parts of the destinations will not have the same facilities, emergency, healthcare and safety services of the same quality level as what the Guest may be accustomed to in their own country. Road travel may be uncomfortable or even unreliable at times. Guest may possibly encounter power failure, insufficient water and limited food selection in remote areas. It is a fundamental condition that the Guest acknowledges that all adventure tours require some flexibility and the most meticulously planned arrangement can go wrong. The day to day itinerary is an indication of what the group should accomplish, but not a contractual obligation. 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 or rail cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances. Therefore, Borneo Via Ferrata and the respective travel agency will make the necessary changes in view of the safety and best interest of the Guest. These amendments may be made with or without the consultation of the Guest. Nonetheless, the Borneo Via Ferrata and the respective travel agency will do everything within our control to minimize the effects of the enforced changes. Borneo Via Ferrata and the respective travel agency however, cannot be held responsible for the results of these changes, regardless of how they were caused.
8.0 Travel Documents & VISA
All passports and visas must be valid for at least six (6) months from the date of entry into the country destination. It is Guest’s sole responsibility to ensure their proper travel documents. Borneo Via Ferrata and the respective travel agency will not be liable for any expenses, reimbursements or refund of any tour fare in the event that the Guest is refused entry by immigration authorities into the country of destination for any reason whatsoever.
9.0 Insurance & Health
All tour packages offered by the respective travel agency are inclusive of Personal Accident insurance. However, Guest is still strongly recommended to purchase a comprehensive personal travel insurance policy for the duration of the trip; to cover against Personal Accident, Loss of baggage, Delays, Unexpected alterations to travel arrangements, Cancellation, Act of God, Emergency Medical Evacuation, Infectious diseases, Epidemics, Terrorism etc. Guests must generally be in good health in order to enjoy the tour. It is recommended that all climbers should have themselves medically checked before attempting any mountain climb. It is vital that climbers with pre-existing medical problems or conditions make these known to Borneo Via Ferrata. It is also important that climbers consult their doctors for vaccination and other medical requirements before the trip.
1) Check your insurance covers before commencing any of the tour packages offered.
2) Make sure your personal insurance covers all the adventure activities such as; diving, climbing, mountaineering, hiking, white-water activities, loss of deposit or cancellation fees.
3) You agreed and expressly acknowledge that in event of any tour packages as a result of illness or whatsoever reason, no refunds will be made for any absence in participation from the said of tour packages.
10.0 Limitation of Liability
Borneo Via Ferrata and the respective travel agency shall be exempted from liability for loss, injury or damage to property or personal accidents, delays irregularities or the occurrence beyond our control. Every person participating in any tour organized by the respective travel agency shall be regarded as carrying his own risk with respect to loss or injury to person or property.
11.0 Force Majeure
Borneo Via Ferrata and the respective travel agency shall not be liable where the contract is affected by 'force majeure'. In the context of these terms and conditions, 'force majeure' is any event that is beyond our reasonable control or which are unavoidable by the exercise of due diligence on Borneo Via Ferrata and the respective travel agency's part including but not limited to war, threat of war, riot, civil commotion or strife, hostilities, industrial dispute, natural disaster, fire, acts of God, terrorist activity, nuclear disaster, adverse weather, government action or technical problems with transportation.
12.0 Possible Changes
It is possible that due to inclement weather or any other unforeseen circumstances that itinerary or routings could be changed. Arrangements of the similar standard will be substituted, should it occur. However no refunds will be accorded. Borneo Via Ferrata and the respective travel agency reserves the right to make changes to travel arrangements at any time without compensation.
13.0 Confidentiality
Borneo Via Ferrata will safeguard according to strict standards of security and confidentiality, any information on the Guest. We will limit collection and use of the guest’s personal particulars/information to the minimum and for the sole purpose of completing the transaction as well as facilitating the smooth delivery of services. Every effort shall be made to ensure the integrity of the guest’s personal particulars and confidential information entrusted to Marvelous Borneo are not compromised. Borneo Via Ferrata also undertakes not to divulge the guest’s personal information to any unauthorized 3rd party without prior written consent.
14.0 Guest Comments
Any comments regarding complaint/claims should be lodged in writing with supporting documentation to Borneo Via Ferrata within 7 days from date of return.
