In these Terms, “Services” includes any products, services, pricing, availability, database, content and/or features provided by or through:
- Our Platform and the websites owned and licensed by MalaysiaTravel;
- Any official social media channels created by us on any social media platforms including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, Telegram, and WhatsApp (collectively referred to as “Channels”);
- All other applications, services, and/or products provided, operated, and owned by MalaysiaTravel that are presently offered, or to be offered in the future;
- Any information, materials, software, products, services, and content provided by MalaysiaTravel or otherwise available through our Platform and/or Channels (including any linked information);
- Artwork, photos, video and audio content on our Platform and Channels; and
- All updates to the aforementioned items.
About Us and Our Services
MalaysiaTravel is a B2B2C digital online travel booking Platform that provides instant access to Malaysia’s licensed local tour, accommodation, transport operators and service providers (collectively referred to as “Suppliers”) for users all around the world. Our Platform gathers travel information and availability of tour products and services in Malaysia directly from our Suppliers, making it possible for users to make bookings, reservations, and transactions with Suppliers while connected with MalaysiaTravel’s dedicated customer service.
Change of Platform Information
MalaysiaTravel may update or change our platform content and information from time to time to reflect changes to our services, users’ requirements, and business priorities. We will inform of any major changes and provide reasonable notice period.
Our Platform also offers other services that may be governed by additional terms or conditions that may apply to you if you use any of such services. You agree to abide by the purchasing terms and conditions imposed by any Supplier you made a purchase from, including, but not limited to, payment of all sums if due and compliance with the Supplier's rules and restrictions on the availability, pricing, and use of products or services. You acknowledge that some third-party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any breach of such Supplier's rules and restrictions may result in your reservation(s) being cancelled and your access being denied to the applicable tour products or services. Any monies paid for such reservation(s) will not be recoverable, and your account will be debited for any costs we incur as a result of such violation.
Access and Use of Platform
This Platform, the domain name (“www.MalaysiaTravel.com”), subdomains, features, contents, copyrights, database rights, and all other intellectual property rights are owned by MalaysiaTravel.
MalaysiaTravel may offer to provide the products and services by itself or on behalf of the Suppliers. The products and services you select on our Platform are solely for your own personal use and not for the benefit of any third party. You must not use any part of the content on our Platform for commercial purposes without obtaining a specific written consent from MalaysiaTravel or our licensors. You may however provide and share hyperlinks to the content posted on our Platform solely for personal, internal, non-commercial, or informational purposes only.
MalaysiaTravel may decide to change, suspend, or discontinue certain Services of our Platform from time to time without prior notice. Thus, we do not guarantee that the Services will always be available and we are not liable for providing users the access to these Services. You agree and understand that, except to the extent specified by applicable law, MalaysiaTravel has no duty to store or maintain your content or other information you provide.
MalaysiaTravel Platform and Content
The materials and information located on our Platform including but not limited to business, domain and subdomain names, trademarks, database, texts, graphics, articles, photographs, images, illustrations, video, audio and all other intellectual property rights, in each case whether registered or unregistered, and any software programs (collectively refer to as the “Content"), are protected by copyright, trademark, and other forms of proprietary rights. All rights, title, and interest in the Content are owned by, licensed to, or controlled by MalaysiaTravel.
Intellectual Property Rights
The Content on our Platform as well as the infrastructure used to provide such Content is proprietary to us or our Suppliers. While you may make limited copies, download extracts of any page(s) from our Platform for your personal and non-commercial use, you shall not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, re-sell, or exploit any Content, software, products, or services obtained from or through this Platform. You shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text extracted from our Platform.
Information Submitted by Users
Information and materials, including but not limited to, reviews, text, graphics, photos, videos, questions, comments, suggestions, ideas, or the like (collectively referred to as “Submissions”) submitted by users, may be used by MalaysiaTravel and/or Suppliers who are providing the Services and may be visible to other users accessing MalaysiaTravel. You are aware and understand that by uploading or posting Submissions on our Platform:
- You hereby grant MalaysiaTravel, our Suppliers, and MalaysiaTravel Partners to whom we provide service a non-exclusive, royalty free, irrevocable, transferable, and fully sub-licensable rights to use, modify, reproduce, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating our Platform, including but not limited to the promotion of the Services in any media formats and Channels;
- In addition, you agree that MalaysiaTravel has the right to publish, use, retain, modify, reformat, translate, delete, or exploit any Submissions by users;
- You also warrant that your Submissions are non-confidential and non-proprietary, do not infringe any laws, regulations or third-party rights;
- You as a user are solely responsible for any Submissions publicly posted or privately transmitted by you through our Platform, and MalaysiaTravel will not be liable for any errors or omissions in any of the Submissions; and
If you wish to feedback about the Submissions uploaded by other users, please contact us using the contact details below.
Users Representations, Warranties, and Undertakings
Use of our Platform and the Services
You may use our Platform only for lawful purposes. You represent, warrant, and undertake that you will not use our Platform or Services in any way that:
- Breaches any applicable law, statute, ordinance, or regulation;
- Infringes, misappropriates, or violates any intellectual property right, copyright, trademark, patent right, or other proprietary right of any third party;
- Is destructive, fraudulent, threatening, libellous, defamatory, obscene, pornographic, abusive, harassing, or other Submissions that would violate rights of publicity and/or privacy or that would violate any law;
- Endanger, or anything which may be considered to endanger, the welfare of a minor or an individual at risk, or promote behaviour that could place such individuals at risk;
- Involves commercial activities, sales and/or Submissions (including, but not limited to, unsolicited or unauthorised advertising or marketing of any products or services) without MalaysiaTravel’s prior written consent;
- Transmit any data, send, or upload any Submissions that contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful computer code, files, or programs.
Removal of User Submissions
MalaysiaTravel reserves the right, without prior notice, to remove any Submissions by users who are deemed to have violate any intellectual property rights of others, breached representations, warranties, or undertakings, whether or not there is any repeat violations, or for no reason at all.
Responsibility for User Submissions
You affirm, acknowledge, and agree that you shall be solely responsible for all Submissions you upload, publish, email, distribute, or otherwise disseminate on our Platform. You represent, warrant, and undertake to MalaysiaTravel that:
- The Submissions or your uploading, publication, emailing, distribution, or dissemination of the Submission or MalaysiaTravel’s use of your Submissions, or any part thereof, on or through our Platform and/or the Services will not infringe, misappropriate, or violate any trademark, copyright, moral right, intellectual property right, patent right, other proprietary right, publicity or privacy right of any third party, or result in the breach of any applicable law, statute, ordinance, or regulation.
You further represent, warrant, and undertake to MalaysiaTravel that you shall not:
- Make speculative, false, or fraudulent bookings or any reservations in anticipation of demand;
- Sell or resell any products, services, or reservation obtained from or through our Platform;
- Use our Platform or the Content for commercial or competitive activity or purposes,
- Solicit, manipulate or communicate in any manner to obtain password, account credentials, or private and confidential information from any of our Platform users;
- Violate any computer network's security, break passwords or security encryption codes, upload or store illegal content, or participate in any kind of illegal activity that is prohibited by law;
- Spam, spamming, or anything that comprises bulk or mass marketing communications, or interfere with the proper working of, or place an unreasonable load on our Platform’s infrastructure;
- Engage in scraping, spidering, crawling, or using other technology or software to access or collect data of our Platform without MalaysiaTravel’s written consent; or
- Directly or indirectly copy, translate, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Services, merge the Services or any part thereof with any other application or change Services in whole or in part, or otherwise attempt to obtain the source code of our Platform.
You will be responsible for remitting, withholding, filing, and reporting all taxes, duties, and other governmental assessments that arrises from any transaction associated with your activity in connection with using our Platform and/or the Services.
Your Account Details
In the course of using our Platform or Services, you may be required to open and maintain an account with MalaysiaTravel (“MalaysiaTravel Account”).You warrant, represent, and undertake that:
- You will safeguard your account information, maintain the confidentiality of your account password, supervise, and be completely responsible for any use of your account by you. You must not disclose it to any third party. You fully understand and agree that MalaysiaTravel will not be liable for any losses suffered by you as a result of you failing to treat such information as confidential;
- If your booking or account shows signs of fraud, abuse, or suspicious activity, we may cancel any travel or service reservations associated with your name, email address, or account, and close any associated MalaysiaTravel accounts. If you have conducted any fraudulent activity, MalaysiaTravel reserves the right to take any necessary legal action and you may be liable for monetary losses to MalaysiaTravel, including litigation costs and damages.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details below.
Reviews, Comments, Photos - Rights to User Content
We appreciate hearing from you. By posting a review, comment, or photo, you grant MalaysiaTravel a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
- Use, modify, reproduce, distribute, adapt, translate, publish, prepare derivative works, display reviews at its sole discretion; and
- Use the name that you submit in connection with your review. You acknowledge that we may choose to provide attribution of your reviews or comments that you submit at our discretion, and that such submissions may be shared with our Supplier or MalaysiaTravel Partners.
In addition, you represent and warrant that:
- You own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through our platform;
- Such content is accurate and not misleading; and
You are fully responsible for the content of your reviews and you are prohibited from posting reviews that are:
- Unlawful, obscene, pornographic, or inappropriate or offensive content that would violate the rights of privacy and/or publicity, promoting illegal conduct, exposing personal information such as names, phone numbers, or email addresses,
- Commercial or promotional content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
- Any content that infringes, misappropriates, or violates any trademark, copyright, patent right, or other proprietary right of any third party. In addition, your reviews must not defame, abuse, harass, or violate the legal rights of others.
You agree you will be solely responsible for any user content you provide or submit. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to our Platform. MalaysiaTravel is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete, or otherwise modify content once it has been submitted to us. MalaysiaTravel shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
Booking Confirmation, Tickets, Vouchers, Fees and Payment
Through our Platform, you may purchase tour products or services offered by our local Suppliers. Subject to the policy of the relevant Supplier, you will receive an email notification of your purchase that will contain a voucher with a confirmation number (“Voucher”) and a printable version of your Voucher. Booking confirmation may be subjected to Supplier’s approval.
You must appear at the designated meeting place and stated time as specified by the Supplier and present the requested documents and/or details for verification together with your electronic or printed Voucher with confirmation number in order for the Voucher to be valid. No refunds will be provided if you do not show up on time or do not have the correct and required documentation or details.
You may be required by the Supplier at any time to provide an identification document bearing your photo in order to use your Voucher. Neither MalaysiaTravel nor the Supplier is responsible for lost, damaged, or stolen Vouchers or confirmation numbers.
If you attempt to use the Voucher in an unlawful manner (e.g: attempting to use a Voucher for a tour, attraction or any service when you are not of the required legal age or not in accordance to the terms and conditions as stated on the Voucher for the intended service), the respective Supplier reserves the right to reject your Voucher and/or refuse entry to the relevant tour products or services, and no refunds will be granted.
Terms of the Vouchers
Vouchers are admission passes to one-time only events, tours, attractions, and services (collectively referred to as “Events”) and the date(s) and time(s) on which and when a Voucher can be used will be stated on the Voucher. If you do not use them on or by the date(s) and time(s) indicated on the Vouchers, except otherwise expressly set forth therein, no refund will be granted.
Cancellation of Vouchers
The Supplier is the offeror of the relevant tour products and services for the Events, to which the Vouchers correspond to. The Supplier has the right and is solely responsible for accepting or rejecting any Vouchers you have purchased with respect to the delivery of the tour products and services.
You agree to directly contact the relevant Supplier if you have any queries and/or feedback in respect of the corresponding Service you received from the Supplier in connection with your Voucher. Except as otherwise expressly provided herein, all fees and charges paid are not refundable.
In the situation that an Event is cancelled by the Supplier from whom you have purchased the Voucher from, MalaysiaTravel will notify you as soon as reasonably practicable, and will proceed to assist you on the said matter and process a full refund to the credit card you used to purchase such Voucher.
Modifications to Charges
MalaysiaTravel reserves the right at any time to make any adjustments to our fees or charges, upon notice to you, which we may notify you by email or posting on our Platform. Your use, or continued use, of the Services offered by MalaysiaTravel following such notification constitutes your acceptance of any new or revised fees or charges.
MalaysiaTravel Rights and Obligations
Whilst the Suppliers are expected to provide MalaysiaTravel with accurate and updated prices of the tour products or services on our Platform, MalaysiaTravel cannot guarantee that all prices for the tour products or services provided by the Suppliers are accurate and updated at all times.
The above terms and conditions & return policies are applicable to all MalaysiaTravel users worldwide.
Our Platform, including all information, Content, and Services made available on or accessed through our Platform and Channels, are provided on an "as is" and “as available” basis, without any express or implied warranty of any kind. To the fullest extent permissible by applicable law, MalaysiaTravel, MalaysiaTravel Partners, and/or their respective Suppliers do not warrant and hereby disclaim any representation or warranties, express or implied, relating to the Services including but not limited to, merchantability, fitness for a particular purpose, title, non-infringement, or for any breach of security associated with the transmission of sensitive information through our Platform, or for any of the Services or hypertext links to third parties for the content on our Platform or the Content and Services made accessible through our Platform. MalaysiaTravel does not represent or warrant that the information, Content and Services are accurate, complete, reliable, current or error-free.
MalaysiaTravel provides no guarantee as to the performance or the uninterrupted or secure availability of our Platform and Services. While we attempt to make your access and use of our Platform and Services safe and available, we do not represent or warrant that our Platform or its server(s) are free of defects, viruses, malware, or other harmful components. MalaysiaTravel shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Content from our Platform, in any manner. You have sole responsibility for ensuring the adequate protection and backup of data and/or equipment used in connection with our Platform, and you will not make a claim against MalaysiaTravel for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of our Platform and Services.
MalaysiaTravel has no special relationship with or fiduciary duty to you for accessing and using our Content, and Services made available on or accessed through our Platform and Channels. You acknowledge that MalaysiaTravel has no control over, and no duty to take any action regarding:
- Which users gain access to our Platform;
- What content you access via our Platform;
- What effects the Content may have on you;
- How you may interpret or use the Content; and
- What actions you may take as a result of having been exposed to the Content.
You understand, accept, and agree that while MalaysiaTravel has made every reasonable effort to ensure that the information contained in our Platform has been obtained from reliable sources, you will not hold or seek to hold MalaysiaTravel responsible for the information and Content provided by any Suppliers or third party and you further understand, accept, and agree that MalaysiaTravel is not a party to any transaction in relation to the Services provided by any Supplier or third party. MalaysiaTravel has no control over and does not guarantee the safety of any transaction, tours, and/or activities and do not make any warranty, express or implied, to the authenticity, accuracy, and correctness of the Content which other users or the Suppliers may provide, and assume no liability or responsibility for any information provided on our Platform. MalaysiaTravel cannot and does not take responsibility for the veracity, reliability, or completeness of any information, Content, or Services otherwise available on our Platform or Channels. MalaysiaTravel shall not be liable for any damage, loss, or expense of any kind in any way as a result of errors of omissions in any Content, the reliance on the use of any information displayed, posted, emailed, or made available on our Platform and Channels.
In addition, MalaysiaTravel expressly reserves the right to correct any pricing errors on our Platform and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
The Suppliers providing tour products or other services on our Platform are independent contractors and not agents or employees of MalaysiaTravel. MalaysiaTravel is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. MalaysiaTravel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
In the event, to the fullest extent permissible by the applicable law, MalaysiaTravel, MalaysiaTravel Partners, and/or their respective Suppliers’ liability, and the liability of any member of MalaysiaTravel, to you or any third party in any circumstance arising out of or in connection with our Platform is limited to the greater of: (a) the amount of fees you paid to MalaysiaTravel in connection with such transaction(s) on our Platform, or (b) Malaysian Ringgit Three-Hundred Dollars (MYR 300.00) in the aggregate for all claims.
Limitation of Liability
In no event will MalaysiaTravel, MalaysiaTravel Partners, and/or their respective Suppliers, and any of their officers, directors, employees, agents, representative, and licensors, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Platform or Services, the Content of, or the materials contained in or accessed through our Platform or Services, including without limitation any damages caused by or resulting from your reliance on any information obtained from MalaysiaTravel, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction, or unauthorised access to the MalaysiaTravel’s records, programmes, or Services.
In no event will the aggregate liability of MalaysiaTravel, MalaysiaTravel Partners, and/or their respective Suppliers, and any of their officers, directors, employees, agents, representative, and licensors whether the damages arise from breach of contract or warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or otherwise arising out of or relating to the use of or inability to use our Platform and Services, exceed any compensation you pay, if any, to MalaysiaTravel for access to or use of Platform and Services.
You agree to indemnify, defend, and hold MalaysiaTravel, MalaysiaTravel Partners, and/or their respective Suppliers, and any of their officers, directors, employees, agents, representative, and licensors, harmless from and against all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, losses, settlements, liabilities, and legal and other expenses arising from or related to any of the following:
- Any liability arising from any information or data provided by you to MalaysiaTravel or Content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and
- Use of our Platform, Services, and MalaysiaTravel UserID by you or others to whom you provided access.
MalaysiaTravel reserves the right, at its own expense, to assume the exclusive defence and control of any matter, claim, or action, and any negotiations for settlement, otherwise subject to indemnification by you in which case you agree to cooperate with MalaysiaTravel in asserting any available defence. You will not make any settlement that may adversely affect the rights or obligations of MalaysiaTravel without MalaysiaTravel’s prior written approval.
Links to Third Party Websites
Our Platform may contain hyperlinks to third-party websites or resources which are not maintained or controlled by MalaysiaTravel. MalaysiaTravel shall not be responsible for any damages or loss arising from errors or inaccuracies of the content or privacy or other practices provided by such websites. The hyperlinks are provided as a convenience to users and intended for users’ reference only. Use of the hyperlinks and access to such websites are entirely at your own risk.
Your payment is processed in Malaysia and the default prices are quoted in Ringgit Malaysia (MYR). Our Platform supports major Visa and MasterCard credit or debit cards, as well as FPX (Financial Process Exchange) online banking payment.
FPX (Financial Process Exchange) is an online payment method using your personal internet banking account. It is governed by MyClear, a wholly owned subsidiary of Bank Negara Malaysia.
For payments using credit cards, please be advised that the credit card issuing bank may impose additional charges on cross border transactions, on top of the total online transaction fee. Cross border transactions are defined as transactions made in a currency that is different from the credit card account’s currency. The additional charges are not imposed nor collected by MalaysiaTravel. This policy is implemented by certain banks and shall be reflected in your upcoming credit card statement from your issuing bank. For more information and clarification on such charges, please contact your card issuing bank.
The currency rates on our site are based on various sources and are provided as a guideline only. The provider of the account you use to pay with may use an alternative currency rate which you are responsible for confirming.
Termination & Suspension
Upon termination, your MalaysiaTravel Account will be cancelled immediately, and you will not be able to access your Account or the Services. All content and information relating to your MalaysiaTravel Account or provided through the Services may also be immediately destroyed or deleted by us.
- Reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you; and
- May apply for injunctive relief and/or take any other action against you that we deem necessary.
Passports, Visas, Documents, Licenses, and Insurances
All passports and visas must be valid for at least six (06) months from the date of entry into the country destination. It is the sole responsibility of all passengers to ensure their proper travel documents and to check with Malaysia consulate on the current entry requirements for visa and health prior to departure. You acknowledge that some Suppliers or service providers may require you to adhere to their local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the products or services they offer. MalaysiaTravel will not be liable for any expenses, reimbursements, or refund of any payment made in the event that you are refused entry by immigration authorities into the country of destination for any reason whatsoever.
You are strongly advised 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. You must generally be in good health in order to enjoy the tour. It is also recommended that you should have yourself medically checked before attempting any adventurous or strenuous activities.
Created by MalaysiaTravel Team on May 14, 2020.