Terms & Conditions

All bookings are made with Kembayau Caper Eco Tour Sdn Bhd which refers as Company.

It is imperative that each traveller read and understand the Terms & Conditions set herein and your booking with the Company is accepted on this basis. Your tour package details will be based in those outlined in the Order Confirmation.

Any individual person on behalf of his or her travel group or other persons instructing the Company to make any form of our package bookings is deemed to have full authority to accept on behalf of his or her travel group or other persons Kembayau Caper Eco Tour’s Terms & Conditions. As such this individual person is responsible to ensure these terms and conditions are conveyed to each person named in the booking and that they are fully aware of them.

1. Rates and Prices

1.1.     All rates are quoted in Malaysia Ringgit Currency (MYR), unless specified otherwise.

1.2.     We reserve the right to revise the package price if there is exceptional cost increase beyond our control. 

1.3.     All rates are quoted based on per person.

 

2. Booking Procedures

2.1.     Provide all information requested to enable us to manage your booking seamlessly.

2.2.     Make your booking as early as possible to avoid disappointment.

2.3.     Child rate, if any, is only applicable upon full paying adult booking.

 

3. Package Fare

3.1.     Items and services included for each tour itinerary is listed in their own respective package section.

3.2.     For private or bespoke tour arrangement, please contact us for rates.

 

4. Package Fare Excludes:

4.1.     Comprehensive travel insurance, bank transaction charges, international & domestic airfares, passport & visa fees,  airport tax, tourism tax, hotel tax, vaccination, alcohol beverages, personal items not limited to laundry, telephone calls, excess baggage fees, camera & video fees, guide tips, tracker tips, porter tips, driver tips, hotel (unless specified in the package) and its amenities including daily parking, room service, meals and any form of beverages, and any other items not specified as “included” will be borne by the traveller directly.

 

5. Payment Terms

5.1.     A 30% non-refundable deposit of the total booking amount is required in order to confirm your reservation.

5.2.     For Free Independent Traveller (FIT), a full payment is required 21 days before arrival, failing which could result in cancellation of your reservation and forfeiture of deposit.

5.3.     For Group Inclusive Tour (GIT), a full payment is required 30 days before arrival, failing which could result in cancellation of your reservation and forfeiture of deposit.

5.4.     Payment can be made through Online Banking (for Malaysian), acceptable Credit Card and PayPal (admin@kembayau.com).

5.5.     All bank charges, Online charges, Credit Card charges and PayPal charges for payments made to Kembayau Caper Eco Tour Sdn Bhd are to be borne by traveller.

 

6. Cancellation by Traveller

6.1.     The Company must be notified by traveller in writing of any cancellation by email. A notice is only considered to have been served provided that an acknowledgement  and acceptance by the Company is obtained. The traveller cannot derive any rights from a verbal cancellation.

6.2.     The date on which the written confirmation of the cancellation is received will be considered the definite date of cancellation. The cancellation fee will be based upon the total value of the reservation/invoice, plus any other cancellation charges imposed by third party suppliers such as hotels, homestay, transport, restaurant or any other related services.

6.3.     For Free Independent Traveller (FIT):

             a).   cancellation notice received more than 21 days prior to arrival or commencement of tour is subject to and administrative fee of RM50.00 or 10% of the tour deposit (whichever is lower) per person.

             b).    a 50% cancellation charge of tour deposit will be levied for  notice received between 14-20 days before arrival.

             c).     a 50% cancellation charge of the total value of the reservation/invoice will be levied for notice received between 5-13 days before arrival.

6.4.     For Group Inclusive Tour (GIT):

             a).    cancellation notice received more than 30 days prior to arrival or commencement of tour is subject to an administrative fee of RM30.00 or 2% of the tour deposit(whichever is higher) per person.

             b).    a 50% cancellation charge of tour deposit will be levied for notice received between 22-29 days before arrival.

             c).     a 30% cancellation charge of the total value of the reservation/invoice will be levied for notice received between 14-21 days before arrival.

             d).    a 50% cancellation charge of the total value of the  reservation/invoice will be levied for notice received between 5-13 days before arrival.

6.5.     For FIT and GIT, a 100% cancellation charge total value of the reservation/invoice will be levied for notice received less than 5 days before arrival.

6.6.     No shows will be charged at 100% of the total value of the reservation/invoice.

 

7. Refund

7.1.     No refund will be made if a traveller voluntarily leaves a tour for any reason after the tour has commenced. Refund will be at the sole discretion of the Company if a traveller is involuntarily forced to leave a trip for some reason. No refund will be made for any accommodation, transport, excursion, meals or services not utilised.

7.2.     Any request for refund will be considered only upon receipt of formal email and received within 30 days of the return date of the tour. Refund will only be made through online banking or PayPal. All bank and PayPal charges for refund are to be borne by the traveller.

 

8. Amendment Charges

8.1.     Upon confirmation of a tour, any subsequent change made by traveller to the reservation is subject to an  amendment fee of RM50.00 per person per change. This fee is in addition to any surcharges charged by hotels, homestay, ground operations, transport operators, etc.

8.2.     No change request by traveller can be made within 8 working days before the date of arrival.

8.3.     Changing the entire reservation by traveller is considered a cancellation of the original reservation.

 

9. Cancellation by Company

9.1.       The Company reserves the right to cancel the tour due to act of God (force majeure), war, strike, riot, flight delay,  poor weather conditions, poor or inaccessible road, or order from the Government of Malaysia, which is beyond its control.

9.2.       The Company reserves the right to cancel or withdraw any itinerary or reservation made for a traveller or decline to accept or retain any person from being in a tour if he or she is likely to endanger the health or safety, or impair  the comfort or enjoyment, of others in the tour. No refund will be granted if a tour is terminated due to unacceptable or dangerous behaviour of traveller.

9.3.       In the event of any of our suppliers cancelling a tour, the Company will endeavour to ensure full reimbursement but where a supplier has a policy of retaining any fees or charges, the Company will have to defer to their policy.

9.4.       The Company reserve the right to cancel any trip prior to commencement of tour. The full refund of all payments shall release Kembayau Caper Eco Tour Sdn Bhd from any further liability.

 

10. Changes in Itinerary

10.1.      The Company will make every effort to operate all published itineraries. However, circumstances rarely arise in the interest of safety and comfort of travellers which would require an adjustment to the tour. The Company will do all that is possible to avoid such changes to take place but the Company must reserve the right to make such alteration without prior notice at any time and without penalty to the Company.

10.2.      Published package itinerary is merely an estimation of the tour only henceforth does not construe as contractual  obligation.

 

11. Limitation of Liability

11.1.      Kembayau Caper Eco Tour Sdn Bhd acts an independent  contractor packages and arranges these tour programs. The  tour services described in the social media and brochures,  including without limitation of transportation, lodging and excursion or sightseeing, are provided by the carrier, hoteliers and other suppliers that are not agents  for, employees, partners, or joint venture of Kembayau Caper Eco Tour Sdn Bhd.

11.2.      As such Kembayau Caper Eco Tour Sdn Bhd shall not be liable for bodily injury or death to person, property damage, losses or additional expenses arising from acts of God, detention, weather conditions, accident, delay irregularity, quarantines,  strikes, riots, theft, negligence or error, act or omission of suppliers, default, annoyance, terrorism, war, failure of conveyance to arrive or depart as scheduled, changes in government restriction or regulations or any other causes which may result from the negligence of any company or individual engaged in providing their services.

11.3.      The tour participant or traveller expressly waives all rights,  which he or she may have against Kembayau Caper Eco Tour Sdn Bhd in connection with the foregoing. Under no circumstances is Kembayau Caper Eco Tour Sdn Bhd to be construed as a carrier under contract for safe carriage of the passenger or his or her belongings.

 

12. Children Fare

12.1.      With supplement stated, a child below the age of 12 years old occupying the same room as his/her parents and using existing bedding is usually accommodated free of charge excluding meal.

12.2.      In the case of tour and excursion, child rate is 75% of adult rates. Transport rate is as per adult rate. Infant is free of charge.

12.3.      An infant is defined as an individual up to 3 years old, whereas a child is defined as an individual above 3 years and below 12 years old.

 

13. Travel Insurance

13.1.      The Company strongly advise that each traveller obtain comprehensive travel insurance prior to your departure for the full duration of your tour. The Company recommend that your travel insurance should cover for personal accident, medical expenses, death, emergency repatriation, cancellation, personal liability and loss of luggage and personal effects.

13.2.      Should your insurance coverage is inadequate, Kembayau Caper Eco Tour Sdn Bhd will not be liable in connection with the foregoing

 

14. Flight Delay

The Company cannot be held liable or accept any liability for any delay or cancellation of your flight.

 

15. Travel Document

15.1.      It is the sole responsibility of each traveller to obtain international passport which should be valid for at least 6 months from the date of return to country of origin including visa, vaccination and health certificates.

15.2.      The Company cannot be held liable if you are refused entry to Malaysia due to lack of correct travel documentation.

 

16. Risk Acceptance

16.1.      Some of the activities or excursions you choose to take part may have potential risk of personal injury or even death due to the natural environment and landscape which can be very challenging and sometime dangerous. Should you take part in such activities or excursion means that you accept the potential risks and are at your own sole responsibility.

16.2.     Prior to any tour, a safety briefing will be conducted by tour guides or other staff. This will help to minimise the risks. Please inform your tour guide if you feel uncomfortable or decline to participate in any activities or excursion.

 

17. Smoking

The Company forbids smoking in any vehicle operated by the Company or its transport companies. Frequent stops can be arranged for those who desire to smoke. All accommodations are with non-smoking room.

 

18. Disclaimer

The Company has made all reasonable efforts to check the accuracy of the information contained in its website. The Company cannot however accept any responsibility for any errors or omissions that may appear in this website.

 

19. Governing Law

This Terms and Conditions is governed by and construed in accordance with Malaysia law. The travellers irrevocably agree that the Malaysian courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in  connection with this Terms and Conditions.

 

20. Complaints

If you have a problem during your tour, please inform your tour guide immediately so that he can endeavour to put things right. If you cannot resolve the problems, you must contact the Company office so that they are given an opportunity to help. The Company will not hold themselves responsible for the non-performance of an itinerary through causes beyond their control or when they are not notified of a problem at the point where remedial action can be taken. In the unlikely event that a complaint cannot be resolved at the time, you should email to the Company at service@kembayau.com within 30 days of the end of the tour, providing your Order Confirmation number and all other relevant information. If you fail to take any of these steps, you will hinder the Company’s ability to put any problem right and/or investigate it fully and any right you have to receive possible compensation will be reduced or completely invalidated.

 

21. Marketing Material

The Company will take photos and video of travellers in any of its tours for the purpose of marketing and archive. You agree to allow the Company to use those images of you for advertising and marketing purposes in any manner we choose. You grant us perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

 

22. Data Protection Act

By providing your own or another individual’s personal data to the Company, you confirm that you and other individuals agree for the Company processing your personal data in accordance with this Data Protection Act.

 

Website Disclaimer

The information is provided by Kembayau Caper Eco Tour Sdn Bhd and while we endeavour to keep the general information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Every effort is made to keep the website up and running smoothly. However, Kembayau Caper Eco Tour Sdn Bhd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

 

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