This Agreement is made between Avasee Asia Travel & Tours Sdn Bhd. (Co. No.1214548-X) (hereinafter referred to as the Company”, “we”, “us” and “our”) which operates online or otherwise tour booking/reservation services
You (referred to all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires) who uses/accesses/visits our website online or otherwise direct/indirect reservation bookings via telephone, over the counter, by facsimile or email (hereinafter referred as Tour booking or Reservation Services)
You hereby agree and accept to be bound by the terms and conditions hereinafter appearing.
1.1 Avasee Asia Travel & Tours Sdn Bhd will make arrangements for and on your behalf in respect of Products and Services booking(s) and/or reservation(s) of:-
are hereinafter collectively referred as the “Tour Products”.
1.2 Removal of Tour Products – Avasee Asia Travel & Tours Sdn Bhd reserves the right at any time and from time to time to remove, modify or discontinue, temporarily or permanently the Tour Products or any part thereof, with or without notice. You agree that Avasee Asia Travel & Tours Sdn Bhd shall not be liable to you or to any third party in any way for any modification, suspension or discontinuance of the Tour Products.
Your booking/reservation request(s) are SUBJECT to the additional terms and conditions imposed by our third party provider(s), fulfilment provider(s), hotels, car rentals companies, tour operators, other travel products and independent supplier(s) from time to time (hereinafter referred to as the “Suppliers’ Terms”). By effecting/making a booking/reservation request(s) of our Tour Products, you expressly agree to be bound by the terms and conditions herein as well as the Suppliers’ Terms with the respective Suppliers.
3.1 In order for us to process your booking/reservation request, you are required to provide details of your name list of all traveller(s) (name(s) according to passport(s)) and furnish us with additional information or request (if any). Submission of your booking/reservation request shall be deemed to be an irrevocable authorization by you for us to book the Tour Products immediately on your behalf upon receipt of the Suppliers’ confirmation of the availability of your requested Tour Products.
3.2 If for any reason whatsoever, you do not receive an email confirmation from us after making payment in FULL, you are solely responsible to check the status of your booking with our Tour Consultant immediately during office hours. Your failure in verifying confirmation from us in respect of non-receipt of an email confirmation by the Reservation Service shall not invalidate your booking nor render the same void.
3.3 Avasee Asia Travel & Tours Sdn Bhd shall have absolute discretion to refuse and/or decline to accept any booking/reservation request SUBJECT to the following:-
3.3.1 That you are responsible for your tour plan and any booking/reservation request made based on your planning, the Reservation Service will not be held liable nor entertain any refund whatsoever in the event that you have made such booking/reservation request on the our Tour Products that is not suitable and would want to make any change(s); and/or
3.3.2 If you have any special requests as to the above Clause 3.3.1, such request will be forwarded or passed on to the respective Suppliers however, we will not guarantee such request for change; and
3.3.3 All booking/reservation requests once made and confirmed are non-exchangeable and non-transferable and payments made are non-refundable.
4.1 A 50% deposit is required for booking confirmation and the balance must be paid one (01) month prior to tour commencement. In case of a short-term reservation made within one (01) month prior to tour commencement, the reservation is deemed to be a late booking and 100% full payment is required for immediate confirmation of the booking and admission to the tour. Should the payment not be received by the due date, we reserve the right to cancel all reservations without prior notice. All bookings are subject to availability at the time of booking.
4.2 Payment can be made via Telegraphic Transfer or Credit Card:
4.2.1 Telegraphic Transfer:-
|Account Name:||Avasee Asia Travel & Tours Sdn. Bhd.|
|Name of Bank:||Maybank|
|Bank Account Number:||5-6018405888-7|
Ground & First Floor
Lot 10 & 11, Putatan Court
Putatan Square, Phase II
Lorong Putatan 1
88200 Kota Kinabalu, Sabah
4.2.2 Credit Card
You are required to give details of your credit card by completing the Credit card details form provided by our Tour Consultant and email it back to us. We will charge your credit card for deposit or full payment upon receipt of the Suppliers’ confirmation of the availability of your requested Tour Products.
There will be an additional of 3% from the (nett) prices quoted if payment by Credit Card; and all payments in foreign currencies to include all bank charges/commission and exchange rates to be borne by you.
Upon your settlement of Deposit and/or Full Payment for Tour bookings, and in the event of your request for cancellation, we may at their absolute discretion PROVIDED THAT WE have received a written notice from you within 3 working days from date of confirmation of booking/reservation request made to consider your request for cancellation SUBJECT to the following cancellation charges:-
|Applicable to Tour Package(s) Only||Forfeiture of Payment(s)|
|After confirmation||10% of total price|
|30 days or more||50% of tour cost|
|15 days to 29 days||75% of tour cost|
|05 to 14 days||90% of tour cost|
|Less than 05 days or No Show||100% of tour cost|
Avasee Asia Travel & Tours Sdn Bhd act merely as agents to other principals who supply services for the tour. As such Avasee Asia Travel & Tours Sdn Bhd shall not be held liable for any delay, change, omission or cancellation of services or any loss, damage or injury suffered by your traveling as tour member or as traveller/consumer/client as a result of negligence or deliberate acts of any person, employee, agent, servant or representative outside of its direct employment or any unforeseen circumstances or occurrences beyond our control. By purchasing and accepting our services, Avasee Asia Travel & Tours Sdn Bhd and/or its Suppliers reserve their right to demand, postpone, or cancel any or all parts of a program/tour arrangement under unfavourable conditions. Should a tour or an arrangement be cancelled, equitable refund shall be made to each customer/traveller but the refund sum shall not exceed the original amount paid for the event/package.
6.1 Avasee Asia Travel & Tours Sdn Bhd gives no express or implied warranty in respect of any tour services in respect of :-
6.1.1 Any loss (whether direct, indirect, incidental, special, punitive or consequential) or damages arising from the use of such our Tour Products provided; and/or
6.1.2 Any claims against any non-fulfilment or unsatisfactory fulfillment of services and products provided by third parties’ providers, including and not limited to airlines, hotels, tour operators, car rental companies, independent suppliers (“Suppliers”) whatsoever; and that you have agreed to the above terms of purchase and we shall not be held liable for the aforestated Clause 6.1.1 and 6.1.2
Avasee Asia Travel & Tours Sdn Bhd will not be held liable for any damages or loss arising from any events which are beyond the reasonable control of our company or any of its Supplier(s). Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government actions, compliance with any laws, regulations or orders of the country(ies), widespread of viruses worldwide, frequent flight delays, rerouting, retiming, misconnection, overbooking, mishandled baggages, default of any Supplier(s), civil war, industrial disputes, power failure, hardware and/or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.
8.1 Avasee Asia Travel & Tours Sdn Bhd reserves the right to change the terms and conditions and policies in respect of our Tour Products and Services offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified or varied terms posted from time to time. Your continued use of our sites shall constitute your acceptance of the terms and conditions, as modified including and not limited to that of the Suppliers Terms.
8.2 Avasee Asia Travel & Tours Sdn Bhd may at any time modify these terms and conditions without notice to you and your usage of our sites shall be conditional upon the terms and conditions in force at the time of your use.
9.1 It is your own responsibility to ensure the following possession of valid travel documentation required to perform the trip:-
9.1.1 An international passport or other recognized travel documents which should be valid for at least six (6)months from the date of return to the country of origin; and/or
9.1.2 The necessary visa and vaccination and health certificate as required by the various authorities of the countries to be visited.
9.2 Our Tour Consultant will brief or inform:
9.2.1 tour members on what documentation is required;
9.2.2 wherever possible, assist you/tour members in obtaining the necessary visa. However, we cannot guarantee the approval of any visa application.
9.3 Service charges and visa fees levied shall be borne entirely by the tour members.
9.4 If for any reason, the application for visa or necessary exit permit is rejected, a refund of tour fare will be made less administrative fees.
9.5 Avasee Asia Travel & Tours Sdn Bhd shall not be held responsible or liable for any expenses, reimbursement or refund of tour prices if any tour member is refused entry or deported by immigration authorities resulting from the possession of unlawful items or holding improper travel documents or any other causes, or whose behaviour and activities are considered to be detrimental by a foreign government/authority/country.
9.6 Notwithstanding Clause 9.2.2, Avasee Asia Travel & Tours Sdn Bhd is in no position in the advice of visa assessment and decision making process nor have any right to approve or reject visa application nor decide the type of visa and validity period to be issued. The duration of stay and number of entry is based on the relevant laws and regulations of the country the visa is being applied for.
We strongly recommends you to purchase travel insurance prior to your travel/trip in order to safeguard yourselves against sickness, loss of money, flight cancellations, delays, lost of baggages, hospitalization, medical expenses and/or any unforeseen events and circumstances. You are advised to contact our Tour Consultant for more information on the options of travel insurance coverage.
11.1 Incidental Charges – Items in the Tours are NOT included in your booking are excess baggage charges, telephone calls, beverages, wine, laundry, tips and gratuities to porters, guides and drivers and all items of a purely personal nature unless specified otherwise.
11.2 Taxes/Levies/Duties/Tariffs – You will be fully responsible for any and all taxes, levies, tariffs charges, fuel surcharges, airport duties, cancellation charges in change of dates of travel and return and name change, request for upgrade of seats, food/drinks on board (if not provided), travel insurance, health certificates, valid international driving license and any special request made for child or elderly/handicapped travellers.
11.3 Exchange Rates – You are required to pay the difference (if any) the fluctuating exchange rates of the respective countries.
If any provision of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of this Agreement. The illegal or invalid provision shall be severed from this Agreement and all other provisions of this Agreement shall remain enforceable.
This Agreement constitutes the entire agreement between you and Avasee Asia Travel & Tours Sdn Bhd (including that of the Supplier(s)) and all previous agreements, representations, warranties expressed or implied oral or in writing or by conduct between the parties hereto are hereby superseded and are of no further effect.
It is further declared and agreed that this Agreement constitutes the whole agreement between the parties hereto in respect of the matters dealt with herein and may not be amended or modified except by Avasee Asia Travel &anp; Tours Sdn Bhd.
14.1 This Agreement and the relationship between Avasee Asia Travel & Tours Sdn Bhd and you shall be governed by and construed in accordance with the laws of Malaysia and in the event of any of its conflict of laws/provisions/regulations, you have irrevocably consented and hereby submit to the personal and exclusive jurisdiction of the courts of Malaysia and further agree that service of any legal process may be effected in the manner set out in Clause 14.2 as hereinafter mentioned.
14.2 Service of Notice – Any notice in writing required to be issued hereunder shall be deemed to have been sufficiently served on you if it is left at the usual or last known place of residence/place of business or at the address above-stated or sent by ordinary mail and/or registered post and/or Courier. The service shall be deemed to be made at the time when the letter would in the ordinary course of post be delivered.
Your acceptance of the entire terms and conditions as set out in this Agreement is fundamental basis of the contract between you and Avasee Asia Travel & Tours Sdn Bhd, and you agree that Avasee Asia Travel & Tours Sdn Bhd would not otherwise be able to offer the Tour Products and services on its present basis without your acceptance of such terms and conditions. This Clause shall survive any termination of this Agreement.