YOUR USE OF THIS WEBSITE IS ON
CONDITION THAT YOU ACCEPT WITHOUT VARIATION THE
TERMS AND CONDITIONS SET OUT HEREIN WHICH MAY BE
AMENDED BY SUNWAY TRAVEL SDN BHD (HEREINAFTER
ALSO REFERRED TO AS SUNWAY TRAVEL) FROM TIME TO
TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE
TO ANY PART OF THE FOLLOWING TERMS OR
CONDITIONS, YOU MUST NOT USE THIS WEBSITE.
GENERAL
TERMS AND CONDITIONS
1. USER'S
OBLIGATIONS
Users agree to:
a. Keep your
Username and Password secure and protected from
unauthorized access or use, please do not reveal
your password to anyone and it is advisable to
change it regularly as a precaution;
b. Immediately
notify Sunway Travel if you become aware of, or
suspect, any unauthorized access to your
Username and Password, or any other breach of
security;
c. Not use this
website in a way which interferes with its
availability for other users.
2.
REPRESENTATIONS & WARRANTIES
You
represent and warrant that:
a. You are of
sufficient legal age to use this 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 this website;
b. You are
financially responsible for all uses of this
website by you and those using your login
information;
c. All information
supplied by you in using this website are true
and accurate;
d. You will not
post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material
or any material that could constitute or
encourage conduct that would be considered a
criminal offence, give rise to civil liability,
or otherwise violate any law;
e. You will not use
this website to make any speculative, false or
fraudulent reservation or any reservation in
anticipation of demand.
3. SOFTWARE
AND COPYRIGHT
Sunway Travel retains
all rights (including, but not limited to
trademark rights, copyright and patent rights)
with respect to all software and underlying
information or material available through this
website.
Copyright©2011 SUNWAY
TRAVEL SDN BHD
You are not to
download or otherwise export or re-export any
software or underlying information or material
available through this website, except to the
extent that such downloading occurs in the
course of using this website in accordance with
our written instructions or otherwise as
expressly permitted in this Agreement.
This
clause shall survive any termination of this
Agreement.
4.
DISCLAIMER
Your use of this website
is at your sole risk. This website (including
the products and services) is provided on an"as
is" basis and you assume total risk and
responsibility for your use of this
website.
To the maximum extent permitted by
law, Sunway Travel specifically disclaims all
warranties, express or implied, in respect of
this website including, but not limited to,
merchantability, fitness for a particular
purpose, noninfringement of intellectual
property or other proprietary rights or
compatibility between this website and any
software or hardware.
The information
contained in this website is subject to change
without notice.
Sunway Travel neither
warrants nor makes any representations regarding
the accuracy or completeness of this website or
of any of the data or information contained in
this website or that the use of this website
will be uninterrupted or error free or that any
information, data, content, software or other
material accessible through this website will be
free of bugs, viruses, worms, Trojan horses or
other harmful components.
5.
LIMITATION OF LIABILITY
Sunway
Travel 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 this
website, or the information, products and
services obtained through this website, the
submission of any personal information,
including, but not limited to, bank and credit
card details, the performance or non-performance
by Sunway Travel, or any unauthorized access or
breach of security into this website through the
internet or otherwise arising, whether based on
contract, strict liability, tort (including
negligence), product liability or otherwise even
if Sunway Travel has been advised of the
possibility of such damages.
6.
ACKNOWLEDGMENT
The disclaimer and
limited liability of Sunway Travel as set out in
this Agreement are fundamental elements of the
basis of the bargain between you and Sunway
Travel and you agree that Sunway Travel would
not otherwise be able to offer the products and
services on its present basis without such
limitations. This clause shall survive any
termination of this Agreement.
7. FORCE
MAJEURE
Sunway Travel shall not be
liable for damages of any kind arising out of
any failure or delay by Sunway Travel 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.
8.
CANCELLATION OF SERVICE
Sunway
Travel may, at any time and at its sole
discretion and without cause or notice,
terminate or restrict your access to this
website 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.
9.
INDEMNITY
You shall indemnify and
keep Sunway Travel indemnified against all
claims, demands, actions, proceedings made or
brought against Sunway Travel arising from your
use of this website and/or any breach of any
term or condition by you.
10. LINKS
TO THIRD PARTIES
This website may
contain hyperlinks to websites operated by
parties other than Sunway Travel. The inclusion
of hyperlinks to such websites does not imply
Sunway Travel 's endorsement of such websites
nor any association with their operators. Sunway
Travel is not responsible for the contents of
other websites.
11.
VARIATIONS
Sunway Travel may at any
time vary these terms of use (including without
limitation Sunway Travel 's conditions of
purchase as set out below).
12.
VALIDITY
All information and prices
shown are correct at the time of uploading but
are subject to change until your booking is
confirmed and you make full payment.
13.
SEVERABILITY
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 affect the
validity of that provision in any other
jurisdiction.
14.
RELATIONSHIP BETWEEN THE PARTIES
No
joint venture, partnership, employment or agency
relationship exists between you and Sunway
Travel as a result of this Agreement or your use
of this website.
15.
ADDITIONAL TERMS AND
CONDITIONS
Additional terms and
conditions will apply to your booking and
purchase of our products and services. You agree
to abide by Sunway Travel 's conditions of
purchase and/or the terms and conditions of any
supplier of the travelrelated products or
services.
16. ENTIRE
AGREEMENT
This Agreement (including
Sunway Travel 's conditions of purchase which
are set out below) is the entire agreement
between the parties in respect of its subject
matter and supersedes all prior understandings
or agreements (whether oral or written)
regarding the subject matter.
17.
GOVERNING LAW
This Agreement shall
be governed by and construed in accordance with
the Malaysian Law and you submit to the
non-exclusive jurisdiction of the courts of
Malaysia.
TERMS AND
CONDITIONS FOR PURCHASE
AIR
TICKET
1. All fares and taxes quoted
are subject to changes with or without prior
notice. Fares and taxes quoted are guaranteed
only upon issuance of air tickets.
2. Upon
confirmation of flight booking, a deposit will
be required to secure the reservation.
| Ticket
Value |
Deposit |
| Below MYR 1000 |
Full
Payment |
| MYR 1000 and
above |
50% Of The Total
Ticket Amount |
3. Balance of full
payment is required one month before the date of
flight departure. All special or promotional
airfares have special terms and conditions,
which are tied by specific airlines and ticket
wholesalers. Tickets may not be endorsable,
re-routable, or refundable. It is the customer’s
responsibility to check the terms and conditions
of air-tickets before purchase.
4. All amendments
are on request basis and are subject for
approval by the respective airlines, ticket
wholesalers, and Sunway Travel.
| Time of
Amendment |
Processing
Fee |
(per ticket)
Other Fee |
| Before issuance of air
ticket |
MYR 100 |
N/A |
| After issuance of
air ticket |
MYR 200 |
Penalty or
cancellation fee imposed by
airlines. |
5. A cancellation
process fee of MYR 200 will be levied for any
cancellation and refund for all fully unused air
tickets. Special and promotional fare air
tickets may not have any refund value and thus
are not entitled for any refund.
6. Unused
segment(s) may have less than one-third its
value or zero value.
7. A no-show fee of
minimum MYR 200 (Economy Class) will be deducted
from refund value for failing to cancel flight
reservation(s). Special and promotional fare air
tickets may not have any refund value and thus
are not entitled for any refund.
8. Refund for
credit card payments will be made through the
respective credit card Sunway Travel.
9. Refund of
partially unused ticket will take approximately
3-12 months to process.
TOUR
PACKAGES
1. Tickets are
non-negotiable, non-endorsable, non-reissuable
and non-reroutable.
2. No refund for
partially unused tickets and promotional fare
air tickets.
3. No refund,
either in full or part, will be made for any
unused service arrangements not taken.
4. Minimum and
maximum stay and/or ticket validity is according
to fare rules made known at the time of
purchase.
5. A deposit is
required upon booking. Minimum deposits per
passenger (base on tour price) are:
i) Tour
price up to MYR 1000 = MYR 500 per person
ii)
Tour price above MYR 1000 = 50% of the total
amount of the tour package (per person). However
a payment or deposit does not constitute
confirmation of tour. Full payment will be
required once booking is confirmed before any
travel documents can be issued.
6. Hundred percent
(100%) payment is required at the time of
reservation if departure date is less than 14
days from the date of intended travel. However
if booking is unable to confirm, then Sunway
Travel will fully refund the monies paid except
for promotion air tickets where their Terms
& Conditions will apply.
7. We reserve the
right to cancel any booking if full payment is
not made within 14 days prior to your intended
date of departure in which case the deposit
payment will be forfeited.
8. A cancellation
of original booking includes any change (at the
request of customer) in the tour booking or
departure date (from Malaysia). The following
cancellation fees will be levied
accordingly:
i) More than 35 days prior to
departure: MYR 500 per person
ii) Less than
15 – 34 days prior to departure: 50% of total
tour cost or MYR 500 per person (whichever
is
higher)
iii) Less than 08 – 14 days
prior to departure: 75% of total tour cost or
MYR 500 per person (whichever
is
higher)
iv) Less than 07 days or No
show: 100 % of total tour cost.
9. Notification of
cancellation of booking must be made in writing
and received by Sunway Travel to be effective
and to avoid misunderstanding.
10. An
administrative fee of MYR 100 per booking will
be charge after the booking have been acted upon
and MYR 150 per person will be charges for any
amendment of one component after documents are
issued (ticket or hotel or sightseeing or
transfer voucher). However, No Amendment is
allowed within 7 days from your intended
departure date, as this will be treated as Full
Cancellation whereby, cancellation-processing
fee will be charge as per condition.
11. Airlines seat
and hotel accommodation are subject to
availability and we therefore reserve the right
to automatically cancel the entire booking if
any of these services cannot be secured with
refund of monies paid except for promotional air
tickets where their terms and conditions
apply.
12. Sunway Travel
has the full rights to amend flights and tour
itinerary; however, we will make reasonable
effort to avoid changes in flight and tour
itinerary as stated in our material. Also,
Sunway Travel reserves the right to make minor
changes at any time (to accommodate the tour)
without compensation.
13. Taxes are
subject to change according to the prevailing
rate of exchange and the final tax payable will
be based on the date your document is issued
(appear in ticket and travel documents).
14. The following
are guidelines for refund of monies paid for
your tour bookings: -
i) Around 60 days from
submission to Sunway Travel and with a refund
document if payment is by cheque, or
cash.
ii) Around 90 days from submission to
Sunway Travel and with a refund document if
payment is by Credit Card.
15. Cancellation,
Amendment and Processing Fee for International
Cruises – refer to Terms & Conditions of
respective cruise brochure.
HOTEL
1. The
hotel will honor the reservation dates as
specified in our booking confirmation, however
it is not obligated to extend your stay under
the same terms unless it is authorized or
prepaid by Sunway Travel and/or your booking
agent.
2. A penalty and
administrative fee will be charged for “No Show”
if passenger fails to check-in and reservations
for subsequent nights will be automatically
cancelled.
3. Amendments and
cancellations fees and penalties vary amongst
countries and hotel properties and are subjected
to changes and the following serves as a
guideline:
| Time of
Cancellation/Amendment |
Processing
Fee |
Other
Fees |
| More than 7 days prior to
check-in date(customer confirmed booking with
Sunway Travel) |
MYR 50/per room confirmed |
Penalty or cancellation fee
imposed by hotel and/or other hotel
consolidators/agents |
| Less than 7 days prior to
check-in date (customer confirmed booking with
Sunway Travel) |
MYR 100/per room confirmed |
Minimum of 1 room night charge
for frequent individual travelers (check with
Sunway Travel for
GIT
cancellation) |
4. It is in your
own interest to check with Sunway Travel and/or
your booking agent before any changes are
made
OTHERS
1.
Sunway Travel acts only as an agent for
airlines, hotels, and other travel-related
service providers and is not responsible for any
changes made by travel suppliers, but will
render assistance wherever possible.
2. Sunway Travel
shall not be liable for any cost, expenses, or
damages whatsoever incurred or suffered by the
Customer(s) which arises from any of the
following events:
3. Acts of God,
fire, lighting, explosion, flood, inclement
weather, or accidents.
4. National or
local emergency, acts of omissions of any
government or governmental authority or agency,
insurrection, civil disorder, war, or military
operations;
5. Industrial
disputes of any kind, strikes, lockouts,
stoppage, or restraint of labour;
6. Traffic
congestion, vehicle breakdown, obstruction of
any public/private road, highway, sea or air
passage;
7. Accidents of any
kind occurring during the Customer’s independent
activities;
8. Theft, robbery
or lost property;
9. Food
poisoning;
10. Isolation as a
result of infectious diseases or any condition
likely to endanger the health or safety of
Customer(s) or impair their reasonable
comfort;
11. Any cause
beyond the reasonable control of the travel
suppliers and its agents.
12. It is the
passenger’s responsibility to obtain or have a
passport with at least six (6) months validity
to your intended date of departure and Visa (if
required) for country of visit. Sunway Travel
will not be responsible for informing or
checking with the passenger on the availability
of the said documents.
13. Sunway Travel
cannot be held responsible or liable for any
expenses, reimbursement or refund of air-ticket,
tour, hotel and/or other travel-related prices
if any passenger is deported or refused entry by
any country on arrival or before departure or
during the tour for whatsoever reasons,
including to non-possession of necessary
Visa.
14. Any
complaints/claims must be made in writing within
2 weeks after services are rendered. Any
complaints and/or claims made after such period
will not be entertained.
15. Sunway Travel
strongly recommends that you take out a Personal
Travel Insurance policy prior to the
commencement of your overseas trip or holiday,
with respect to baggage lost/delay, flight
delay, medical hospitalization, injury, illness,
and/or other unforeseen events and
inconveniences.
16. The Terms &
Conditions herein is subject to change with or
without prior notice. Please check addendums
tothese terms and conditions, if any, upon
booking. |