Malaysia Terms and Conditions

Commitment

Asian Trails (M) Sdn Bhd is committed to delivering creative, safe and high-quality services and customer experiences through a network of nine own-operated destinations in the region. With a focus on customer safety, quality control and service delivery, Asian Trails (M) Sdn Bhd assures the client the comfort of reliable standards across the countries it operates in with a clearly defined set of socially responsible values.

Confirmations

Confirmations within allotments are acknowledged by return. Services and bookings without allotment will be handled on an ad-hoc request and confirm basis, subject to availability, with reservation status changes communicated immediately;

  • Provision of comprehensive details, such as names, arrival and departure flights and timings, number of adults, children (with ages) and infants, with dietary or other special requirements. We will ensure we respond to the client’s request efficiently;
  • Acknowledgements and confirmations will be sent to the client by e-mail within 24 hours, whenever possible;
  • In the event Asian Trails (M) Sdn Bhd is unable to confirm the client’s request, it will provide an alternative, wherever possible, for the client’s consideration and acceptance;
  • Confirmations could take longer than 24 hours for extensive, custom- made or complex multi-city or multi-country itineraries and for groups where rates and services can benefit from specific negotiation(s);
  • Asian Trails (M) Sdn Bhd reserves the right to levy a mutually agreed handling fee for reservations and or provision, or services and managing logistics of service delivery, outside the scope of those contractually agreed and required, or requested by the customer.

Confidential contract rates

Confidential rates are based on market research, competition analysis, strategic negotiation and in-depth information for each specific season in each destination. All rates quoted in the tariff are nett and non-commissionable, and under the condition that they cannot be displayed in any way to third parties. Rates are quoted in the specifically mentioned currency only.

Minimum selling rates

Accommodation establishments and/or suppliers in the region may require Asian Trails (M) Sdn Bhd to adhere to a Minimum Selling Rate, or Minimum Selling Price (MSR or MSP) guidelines, which will be communicated to the Client for implementation.

Handling fees

If required to book accommodation under the client’s direct contract/ agreements, Asian Trails (M) Sdn Bhd will charge a pre-agreed handling fee, either per person or per booking. Asian Trails (M) Sdn Bhd will manage the bookings on the client’s behalf, based on information provided by the client. The handling fee will include processing of the reservations, amendments and/or cancellations, as communicated by the client.

Per person rates/per room rates

All hotel rates in our confidential tariff are per room / night and inclusive of all applicable charges and taxes, unless otherwise specified;

  • All tours and transfer rates in our confidential tariff are per person and inclusive of all applicable charges and taxes, unless otherwise specified.
  • Specific services from outside our confidential tariff will be offered based on the quotation from the supplier.

Compulsory meals

Please note that most hotels include compulsory special gala dinners on Christmas Day, New Year’s Eve and sometimes on national and/or other festive occasions in Malaysia. This is a compulsory charge, regardless of whether the client wants the dinner or not and will be mandatorily invoiced by Asian Trails (M) Sdn Bhd It is not possible for customers to pay for these meals on the spot.

Taxes

Unless otherwise specified, all quoted rates are inclusive of applicable taxes (including service charges, Value Added Taxes (VAT) and/or locally charged taxes). Domestic tourism taxes and/or airport taxes may be applicable and are not included. These need to be paid directly to the relevant authority, by the travellers/guests. In the event of government imposes any tax changes, Asian Trails (M) Sdn Bhd reserves the right to alter the rates accordingly. Asian Trails (M) Sdn Bhd reserves the right to collect any differentials from the Client travellers/guests individually which may arise.

Commission

All quoted rates, unless otherwise specified, are net and non-commissionable.

Cancellations & refund policies

In the unfortunate event of a cancellation, Asian Trails Ltd. is upholding the standard cancellation and/or refund conditions in line with the supplier(s) and/or as indicated in the general conditions from the Asian Trails Ltd. office. Such charges will be forwarded to the Client and will be accepted by the Client. All cancellation charges are calculated based on prior to confirmed departure date and are calculated from the invoices rates.

Cancellation charges – Regular Package Tours

Outside 30 days prior to arrival No charge
Between 30 days and 20 days 25%
Between 19 days and 15 days 50%
Between 14 days and 10 days 75%
Within 10 days or no-show 100%

This cancellation policy does not apply for special bookings; group series, SIC tours or services such as airline tickets, cruises, golf packages and bookings during peak season, for which specific cancellation requirements apply. In such special situations, the cancellation policy will be advised together with the confirmation of the booking.

Cancellation charges – Transfers & Excursions

Malaysia Peninsular:

Outside 30 days prior to arrival No charge
Between 30 days and 20 days 25%

Borneo Malaysia:

Outside 32 days prior to arrival No charge
Between 32 days and 10 days 25%
Within 9 days or no-show 100%

Brunei:

Outside 9 days prior to arrival No charge
Between 9 days and 6 days 25%
Between 5 days and 4 days 50%
Between 3 days and 2 days 75%
Within 1 days or no-show 100%

The above cancellation policies apply for all transfers with an English-speaking driver and all excursions with an English-speaking driver-cum-guide.

These regional-specific cancellation policies do not apply for transfers and excursions with an English or 3rd language guide, group bookings, and bookings during peak season, for which specific cancellation requirements apply. In such situations, the cancellation policy will be advised and will be added to the booking confirmation.

Exchange rates / Currency Fluctuation

All rates quoted in the confidential tariff are in local currencies or in Malaysian Ringgit (MYR), US$ Dollars or Euro, unless otherwise stated. In some cases, the local currency and/or the rate is quoted in accordance with the hotel policy rate. Asian Trails (M) Sdn Bhd does not guarantee currency conversion rates or any quotation where currency conversion is included. Asian Trails (M) Sdn Bhd reserves the right to adjust rates in case of fluctuations in exchange rates.

Child Policy

Children and infant discounts apply for each destination with detailed explanations on exceptions and variations. Children and infant discounts apply when travelling with at least 2 (two) full paying adults, unless otherwise specified.

In Malaysia, the age range for an infant is from 0 until 2 years (not having reached the age of 2 years upon departure) and children from 2 until 12 years (not having reached the age of 12 years upon departure).

Free of charge policies

Throughout Asia, special conditions for tour leaders / tour directors are different. Asian Trails (M) Sdn Bhd is committed to assist where possible to provide specific rates and conditions for tour leaders / tour directors. It is expected that the Client should specify for groups whether a native speaking tour leader / tour director will join with the customers to provide special rates and conditions to tailor-make the right conditions in the proposal.

Payment

  • Unless prior credit arrangements have been made with Asian Trails (M) Sdn Bhd, the company requires full pre-payment for all reservations at least 14 days (*) prior to arrival. Failure to do so may result in the cancellation of the reservation(s) by the Asian Trails (M) Sdn Bhd cost of which shall be borne by the client. A sample copy of the voucher must be submitted with credit application in the event that credit approval is requested;
  • Asian Trails (M) Sdn Bhd, at its own discretion, reserves the right to immediately revoke and/or suspend any credit arrangements, should there arise any outstanding unpaid invoices exceeding the agreed credit terms;
  • Where deposits and advance payments are required from contractors, these will also be invoiced to the client for (pre)payment. This will be done before Asian Trails (M) Sdn Bhd makes those deposits on behalf of the client for the respective movement. Asian Trails (M) Sdn Bhd may decide to exempt any such advance payments or deposits from any prior credit arrangements;
  • Payments may be made by telegraphic transfer or bankers’ draft, drawn on Asian Trails (M) Sdn Bhd’s bank. Asian Trails (M) Sdn Bhd shall be entitled to claim for and receive payment of any expenses incurred in claiming any shortfall in payments;
  • All bank charges and fees are to be paid by the sender;
  • Note that for any group or low-cost air tickets Asian Trails (M) Sdn Bhd always require full prepayment and the same draws reference from the Asian Trails (M) Sdn Bhd ticketing policy. In the event of any refunds due to cancellation, Asian Trails (M) Sdn Bhd passes on the same on to the client;
  • Asian Trails (M) Sdn Bhd will advise cancellation/prepayment charges for incentive or group bookings together with the proposal. Asian Trails (M) Sdn Bhd will apply the individual charges of each hotel which are attached to its hotel list. Special cancellation conditions may apply for group bookings;
  • An additional charge of 5% (five per cent) will be added to the total invoice to cover bank charges in each country (when allowed and where credit card payments can be accepted) in all cases of credit card payment.

Non-compliance with these conditions can result in automatic cancellation of services without prior notice.

(*): Pre-payment procedures during high/peak seasons may vary, depending on the supplier policy to guarantee the booking for certain products as well as for specific products such as river and ocean cruises, festival tours, airline tickets and other services / products that have instilled prepayment conditions. Asian Trails (M) Sdn Bhd will inform the client accordingly about this for each individual case, including conditions for pre-payment procedures

Payment conditions and account details

Payment procedures for each individual country should be made to each individual country, when booked services are for one country only: each and every invoice will have its own booking reference number, the client’s reference number, and the client’s name.

Confidentiality

This agreement, its contents and all related documentation sent over to the client, are strictly confidential and must not be disclosed to any third parties. Asian Trails (M) Sdn Bhd expects the following from the client in order for them to receive the special contracted rates from Asian Trails (M) Sdn Bhd:

  • The special contracted rates are offered based on the ability of the client to drive the agreed business volume to Asian Trails (M) Sdn Bhd;
  • To protect this confidentiality, Asian Trails (M) Sdn Bhd will not disclose the rates to its customers and will invoice the client directly;
  • Rates are confidential and cannot be promoted or sold on the Internet or otherwise (including third party websites) unless “packaged” with other

Travel requirements Passport

Acquiring correct information about passport requirements, when making travel inquiries with Asian Trails (M) Sdn Bhd, is strongly advisable. For all travel from and to the country/countries Asian Trails (M) Sdn Bhd is serving its customers, a valid passport is required at all times. Conditions for specific validity of passports and regulations for other valid travel documentation can be obtained from each respective embassy and/or consulate of the customer.

For most countries, passports need to be valid for at least six months from the date of entry at a border post/airport/seaport. Any issues related to invalid / not properly issued / expired passports in accordance with the laws of the arriving country with Asian Trails (M) Sdn Bhd are solemnly falling under the responsibility of the client / the traveller/guest(s).

Visa

In addition to passport requirements, a multitude of countries require additional visa requirements; visa(s) for certain countries can either be obtained in the country of residence or at the border immigration bureau of the country(s) to be visited, where Asian Trails (M) Sdn Bhd is operational. Full details about the specific visa conditions and requirements to obtain a visa(s) for each specific country can be obtained from Asian Trails (M) Sdn Bhd and/or from each respective embassy or consulate of the customer. Any issues related to invalid / not properly issued / expired visa in accordance with the laws of the arriving country with Asian Trails (M) Sdn Bhd are solemnly falling under the responsibility of the client / the traveller/guest(s).

Within these conditions, customers with issued visas that are non-compliant with country regulations, any form of delay in visa issue and/or changes in visa regulations beyond the control of Asian Trails (M) Sdn Bhd also are under the sole responsibility of the client and/or the traveller/guests.

Travel insurance

It is strongly recommended that the client’s guests obtain comprehensive travel insurance while travelling that covers matters such as death, injury, sickness, theft, damage of any kind, and other important matters.

Neither Asian Trails (M) Sdn Bhd nor its employees/ agents/suppliers or business partners shall/and can be held responsible for any loss, damaged, stolen personal belongings or sickness, injury or other medical matters Asian Trails (M) Sdn Bhd will assist the travellers/guests in any mishap cost of which shall be borne directly by the traveller/guest(s)

Health and Safety

Asian Trails (M) Sdn Bhd complies with all industry-required health guidelines in its selection of product and provision of services. All the traveller(s)/guest(s) are required at all times to follow the safety regulations for any service provided e.g. wearing seat belts during transfers and wearing life vests for any boat/sailing tour.

Asian Trails (M) Sdn Bhd checks hotels / restaurants and other suppliers of food and drink and ensure that they have the appropriate operating licenses in place. Asian Trails (M) Sdn Bhd cannot be held responsible in any way for any kind of food and/or beverage consumed, which has not been recommended by Asian Trails (M) Sdn Bhd.

Accommodation in and around Malaysia

  • There are practically no hotels/resorts, with standard triple rooms in their inventory. These are commonly double/twin rooms with an extra (rollaway) bed, limiting space within the room. Please inform all concerned accordingly to correctly manage expectations. Extra bed rates / triple sharing room rates are available in the confidential tariff;
  • Single room supplements are indicated in the confidential tariff. It is common that the provided rooms are twin/double rooms for single use only;
  • Preferences such as smoking/non-smoking, king-size beds, and location of the room cannot be guaranteed or confirmed in advance and are subject to hotel policy and availability at time of check-in.

Accommodation rating

Although hotels/guest houses/accommodation in the region may provide the client with information about their qualification, the properties used and offered by Asian Trails (M) Sdn Bhd in Malaysia may not all have official star qualification issued by an official government-accredited hotel association in the country of operation.

Asian Trails (M) Sdn Bhd provides the client with its own internal star qualification which is based on its own experience and certain criteria to ensure the client have an interpretation of the qualification. Asian Trails (M) Sdn Bhd cannot be held liable in any way for this star qualification, which may result in complaints.

Tours

Unless otherwise specified, all tours and transfers are operated under the following conditions:

  • All tours operated includes fully insured transportation with English speaking assistance;
  • Assistance requirements for languages other than English are subject to availability and may require additional charges;
  • Tours include entrance fees, meals (where mentioned excluding drinks), guide fees and other expenses, specifically mentioned in the tour program;
  • Asian Trails (M) Sdn Bhd is committed to offer quality optional excursions with on-par rates; when booked with the company, the customer accepts any additional service, which may include

Transfers

Unless otherwise stated, Asian Trails (M) Sdn Bhd will provide for each destination according to the rates provided in our confidential tariff:

  • Meet and greet services with name sign and/or with specific company logo;
  • Assistance with arrival and departure procedures at airports, stations, ports, hotels and/or any other venue;
  • Transportation according to the booked itinerary;
  • Reconfirmation of onward travel

Transportation

Committed to delivering exceptional standards, Asian Trails (M) Sdn Bhd uses only the best available transportation in each destination. Where possible, Asian Trails (M) Sdn Bhd uses coaches and cars, contracted on a long-term basis.

  • Transportation (road or water transport) are operated by fully licensed drivers / operators, in accordance with country operational standards. Vehicles are maintained strictly in accordance with the manufacturers’ specifications and kept clean and in good working order:
  • Transportation will be in coach / mini-coach / mini-van or car with English-speaking assistance and a qualified, licensed driver except for transfer services where Asian Trails (M) Sdn Bhd states “driver only”; A language escort for the entire tour / transfer can be requested at a supplementary cost;
  • Vehicles are licensed, insured according to Malaysia standards, and equipped with seat belts for all passengers to comply with all local road traffic
  • Water transport will be of a similar good quality and lifejackets will be provided for all clients.

Asian Trails (M) Sdn Bhd is committed to assign the best available transportation across the country at all times, even where transportation standards may not be the same standards are not up to par in more popular destinations. Region-specific standards, where Asian Trails (M) Sdn Bhd uses carefully chosen 3rd party transportation suppliers which offer as close as possible vehicle standards according to our internal operational standards, may differ.

Guides and drivers in Malaysia

Please note the difference between driver, driver cum guide (or chauffeur guide) and guide:

  • The driver has only one responsibility which is to take clients safely to a destination
  • A driver-cum-guide (or chauffeur-guide) is an experienced driver, speaking good English and who can explain while driving. These driver-cum-guides are very knowledgeable in terms of society, food, lifestyle and geography. A driver-cum-guide is authorized to serve clients up to a maximum of six (6) clients in one vehicle but is not licensed to guide inside specific attractions. Clients will visit these sights independently
  • A guide is a travel specialist with an official license provided by the Ministry of Tourism. A licensed guide is able to provide clients with extensive information about the history, sites, customs and cultural aspects of the region. To ensure the best experience, tours with a licensed guide include a separate driver

Guides and representation in each destination

Asian Trails (M) Sdn Bhd provides a multi-lingual team of professional guides, all are licensed and registered with the relevant authorities and undergo extensive training, prior to leading tours.

Corporate Social Responsibility

Asian Trails (M) Sdn Bhd strongly believes in creating a sustainable and responsible business platform and is committed to “giving back” to the communities in which we reside. Since the first Asian Trails (M) Sdn Bhd office was opened in Malaysia in 1999 we have sponsored disadvantaged children to attend school and university, collected equipment and supplies for orphanages on an annual basis and been actively involved in other aid intervention programs.

Today our efforts have expanded and we proudly support various projects across the region. For more information about sharing and caring for local communities, please check out our website (http://www.asiantrails.travel/) for more information.

Travelife

Our sustainability operations go far beyond the protection of our destinations’ flora and fauna. As part of our ongoing commitment to contribute to operate sustainably across all our operations, Asian Trails is a certified Partner under the Travelife (www.travelife.org) framework. The Travelife standard is covering the ISO 26000 Corporate Social Responsibility themes, including the environment, biodiversity, human rights and labour relations; and is formally recognised as being in full compliance with the UN supported Global Sustainable Tourism Criteria.

Travelife, which has been established with the support of the European Commission, is the leading international sustainability certification for the travel sector and is supported by numerous national travel associations.

Carbon Offsetting programme

As part of our initiatives that follow sustainable paths, Asian Trails is offering carbon offsetting programmes for all customers travelling with us. This eco-friendly add-on is a voluntary initiative where all proceeds go towards carefully chosen partners whom we have joined on this quest to work actively to reduce the economic and socio-cultural impacts CO2 has on the climate.

For more information, how this works and how you, as a valuable partner and client, can take part in this green scheme, kindly contact us.

Provided content and Intellectual Property Rights

All information – text, images, reviews, any downloadable files, and other information provided on our platforms – is copyright protected and its content and information cannot be used / duplicated/ copied / linked or distributed in any way, unless written confirmation from Asian Trails (M) Sdn Bhd has been granted.

We have obtained exclusive ownership of all rights, interests and title deeds, including the design of our online platforms, bearing our name and/or (in)directly associated with us.

In case you wish to use information (whole and /or partially) of the above-mentioned, you require written confirmation from us – this also includes translations of any kind. Any proven use of unlawful actions or behaviour that reflects the use of these intellectual property rights is considered a material infringement and may be held liable in accordance to the law of that respective country.

All information provided in our communication via any online or offline channel (visual and in writing) is considered marketing material and may not sketch the actual situation, service provided and/or represents an actual depiction of the shown services. Asian Trails (M) Sdn Bhd cannot be held accountable in any way when the shown information on offers, itineraries, publications of any kind, does not correspond with the actual situation.

Complaints and irregularities

Asian Trails (M) Sdn Bhd considers complaints as valuable feedback to improve service delivery levels. We request that service delivery failures or customer concerns be reported during the customer’s stay, to one of our representatives. It is the aim of the company to solve any irregularity on the spot. The company reserves the right to refuse to on perceived irregularities submitted to the company 30 days after the customer returns back home.

Licenses and permits

All Asian Trails (M) Sdn Bhd offices, subcontracted suppliers and other service providers use and comply with the requisite license and permit requirements, based on the relevant regulations of each country that Asian Trails (M) Sdn Bhd operates in.

Force Majeure

During the term of this Agreement, neither party shall be in default of its obligations to the extent that its performance is delayed or prevented by causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, famine, pandemic, epidemic, strikes and other labour disturbances, acts of war, or civil disturbances, or other equivalent or comparable events. On happening of the Force Majeure event the affected party shall communicate the force majeure event to the other party in writing.

The obligations under this Agreement shall remain suspended between the parties due to the force majeure event. In the event, the force majeure event does not cease to exist but continuous beyond the period of 30 days, then either party shall be at liberty to terminate this Agreement forthwith due to the force majeure event. It shall be at the discretion of the affected party, if during the force majeure event it mitigates the situation and attempts to perform its obligations under this Agreement subject to the other party reciprocating to bear additional costs and expenses that may be incurred by the affected party to perform the services for the other party during a force majeure event.

Indemnity

The Client agrees to indemnify and to save Asian Trails (M) Sdn Bhd from harm and against all damage or injury (including death) to property or person(s) resulting from intentional or negligent acts or omissions from their respective officers, employees, agents, contractor or subcontractor in connection with the performance of this Agreement.

Legal note

This Agreement is governed by and construed in accordance with the laws of Malaysia (and/or applicable in relation to the country it is legally represented) for the time being in force and the parties agree to submit any dispute arising between the parties under this Agreement to arbitration in accordance with the Arbitration Rules of the respectable Arbitration Institute, Office of the Judiciary applicable at the time of submission of the dispute to arbitration and the conduct of the arbitration thereof shall be under the auspices of the specific Arbitration Institute accordingly.

Liability

The parties’ total aggregate liability will not in any event exceed the amount invoiced between the Parties under the Agreement in the preceding 12 months before the date of claim. The parties shall however not be liable for any indirect, consequential, special, punitive or similar damages (including, without limitation, lost profits and lost revenues) to the affected party or any third party pursuant to or in connection with this Contract. Asian Trails (M) Sdn Bhd acts as an intermediary between all airlines, hotels, local tourist offices and other service providers.

Therefore, Asian Trails (M) Sdn Bhd reserves the right to modify tours and itineraries with or without notice. Asian Trails (M) Sdn Bhd’ package tours are organized in conjunction with the respective airline(s) scheduled flights, itineraries and timetables are provisional and subject to change without notice. Acknowledgement and confirmation of the above-mentioned conditions is active, once clients participate in one of the provided services.

GDPR (General Data Protection Regulation)

Asian Trails (M) Sdn Bhd shall have the following obligations in relation to data protection. For the purposes of this Agreement, “Personal Data” shall have the meaning set out in EU General Data Protection Regulation (EU GDPR) (2016/679) (“Data Protection Law”).

The processing of Personal Data will only extend to, and in such a manner, as is necessary for the purposes limited to the purpose of this agreement in accordance and as instructed by -insert agent name- (hereafter called ‘The Client’). All Personal Data will be processed in line with the intended purpose and will not be used for any other purpose. Asian Trails (M) Sdn Bhd will keep a record of any processing of personal data it carries out on behalf of the client.

Rights of the Data Subject:

Promptly comply with any request from The Client requiring Asian Trails (M) Sdn Bhd to amend, transfer or delete the Personal Data

  • provide, at request of The Client, a copy of all Personal Data held by it in the format and on the media reasonably specified by The Client;
  • only collect any Personal Data on behalf of The Client in the form which will be provided to Asian Trails (M) Sdn Bhd and which will contain a data protection notice informing the data subject of the identity of the data controller, the identity of any data protection representative it may have appointed, the purpose or purposes for which their Personal Data will be processed and any other information which is necessary having regard to the specific circumstances in which the date is, or is to be, processed to enable processing in respect of the data subject to be fair. Asian Trails (M) Sdn Bhd shall not modify or alter the form in any way without the prior written consent of The Client;
  • Promptly inform The Client of any action those results in the loss, destruction, alteration, unauthorized disclosure, or access to, personal data. Asian Trails (M) Sdn Bhd will restore such Personal Data at its own

Asian Trails (M) Sdn Bhd warrants that:

  • It will process the Personal Data in compliance with all applicable Data Protection laws; and;
  • It will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data to ensure compliance of The Client with the Data Protection Law;
  • Asian Trails (M) Sdn Bhd shall notify The Client immediately if it becomes aware of any advance in technology and methods of working which mean that The Client should revise its data security measures;
  • Asian Trails (M) Sdn Bhd agrees to indemnify and keep indemnified and defends at its own expense The Client against all costs, claims, damages or expenses incurred by The Client or for which The Client may become liable due to any failure by Asian Trails (M) Sdn Bhd or its employees or agents to comply with any of its obligations under this Clause;
  • Asian Trails (M) Sdn Bhd agrees to indemnify and keep indemnified and defend at its own expense The Client against all bonafide costs, claims, damages or expenses incurred by The Client or for which The Client may become liable due to any actual and /or intentional failure by or its employees or agents to comply with any of its obligations under this Clause.

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