WEBSITE TERMS & CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND HOLIDAY TOURS & TRAVEL SDN BHD
This Website is operated by Holiday Tours & Travel Sdn Bhd (Company No. 197501001345 (23070-H) KPK/LN1610 IATA 20300394). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms we, us, our, T’ROKA and Holiday Tours refer to Holiday Tours & Travel Sdn Bhd. The term you refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- ‘frame’, ‘mirror’ or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse, or suspicious activity, T’ROKA and/or Holiday Tours may cancel any bookings associated with your name, email address, or account, and close any associated T’ROKA and/or Holiday Tours accounts. If you have conducted any fraudulent activity, T’ROKA and/or Holiday Tours reserves the right to take any necessary legal action and you may be liable for monetary losses to T’ROKA and/or Holiday Tours, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact T’ROKA and/or Holiday Tours Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions of third-party suppliers will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any third party supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Such a deposit is unrelated to any payment received by us for your hotel booking. 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 violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
FARES AND PRICES
You acknowledge and agree that your credit card will be charged by T’ROKA, Holiday Tours or the supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus applicable taxes and service fees.
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. T’ROKA and/or Holiday Tours have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country, including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, T’ROKA AND/OR HOLIDAY TOURS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, T’ROKA and/or Holiday Tours do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, T’ROKA and/or Holiday Tours expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and T’ROKA and/or Holiday Tours do not guarantee the accuracy of the ratings. T’ROKA, Holiday Tours and their respective suppliers make no guarantees about the availability of specific products and services. T’ROKA, Holiday Tours and their respective suppliers may make improvements and/or changes on the Website at any time.
T’ROKA, Holiday Tours and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by T’ROKA and/or Holiday Tours. All such information, software products, and services are provided “as is” without warranty of any kind. T’ROKA, Holiday Tours and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from T’ROKA, Holiday Tours and/or their respective suppliers are free of viruses or other harmful components. T’ROKA, Holiday Tours and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
Airlines, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of T’ROKA and/or Holiday Tours are 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 therefrom. T’ROKA and/or Holiday Tours have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall T’ROKA, Holiday Tours and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the T’ROKA, Holiday Tours and/or their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify T’ROKA, Holiday Tours, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
2. your violation of any law or the rights of a third party; or
3. your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than T’ROKA and/or Holiday Tours. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
In calculating the amount payable we have the right to round up a nominal amount (such as 1 cent, 2 yen, 3 rupees) for each line item to account for variances in the way we and our Suppliers handle currency conversions.
If a currency converter is available on this Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information supplied by this application is believed to be accurate, but T’ROKA, Holiday Tours, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
BANK AND CREDIT CARD FEES
Many card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
This Agreement is governed by Malaysia law. You hereby consent to the exclusive jurisdiction and venue of courts in Malaysia, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and T’ROKA or Holiday Tours with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and T’ROKA or Holiday Tours with respect to this Website.