Your Tour Contract
All bookings are made with Borneo Adventure Sdn. Bhd. ‘We’, ‘Our’, ‘Us’ and ‘Borneo Adventure’ means Borneo Adventure Sdn. Bhd.
Our Company Number is 160090-H and our Malaysian Tour Operator Licence Number is KPL/LN No. 1102). Our registered address is 55 Main Bazaar, Kuching 93000, Sarawak, Malaysia.
By booking a tour with us you are deemed to have agreed to these terms and conditions and your booking with us is accepted on this basis. The tour (s) to be provided are those outlined in the order confirmation details.
The person who instructs us to make a booking, or completes a booking online or on the telephone is the ‘Lead Name’. The Lead Name guarantees that he or she has the full authority to accept and does accept on behalf of other persons in his or her travelling party Borneo Adventure’s terms and conditions.
Our terms and conditions apply to all members of your party named in the booking. The Lead Name is responsible for ensuring these terms and conditions are conveyed to the persons named in the booking and that they are familiar with them.
Borneo Adventure is entitled to assume that all members of your party have read these terms and conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.
Applicable Law & Jurisdiction
The laws of Malaysia govern these terms and conditions. Any claims, disputes and other matters in connection with your tour or these terms and conditions must be initiated in the courts of Malaysia.
Cancellation of Tours By You
Notice of cancellations received more than 21 days prior to arrival or commencement of tour are subject to an administrative fee of a minimum of RM 100 per person, plus any other cancellation charges imposed by third party suppliers such as hotels, restaurants or any other services providers.
A 50% cancellation charge will be levied for notification of cancellations made 7-21 days before arrival, plus any other cancellation charges imposed by third party suppliers such as hotels, restaurants or any other services providers.
A 100% cancellation charge will be levied for notification of cancellations made less than 7 days before arrival.
Note: The following cancellation charges apply to Sandakan wildlife tours (e.g. Sukau, Abai, Kinabatangan, Sepilok, etc.) booked for July & August.
25% cancellation charge for notification of cancellations made 31-60 days before arrival
50% cancellation charge for notification of cancellations made 15-30 days before arrival
100% cancellation charge for notification of cancellations made 14 days or less before arrival
Cancellation of Tours By Borneo Adventure
Borneo Adventure reserves the right to cancel all or parts of the tour due to factors outside of our control. We will not normally do so unless forced to do so by unforeseen circumstances such adverse weather conditions, poor or unsafe road conditions, river accessibility or ‘force majeure’.
Borneo Adventure reserves the right to terminate a client’s tour if their behaviour is deemed unreasonable or jeopardizes the safety of other travellers. No refund will be given if a tour is terminated due to unacceptable or dangerous behaviour.
We reserve the right to cancel any trip prior to departure. The full refund of all payments shall release Borneo Adventure from any further liability.
Tour Amendments By Borneo Adventure
It is unlikely that we will have to make changes to our published itineraries. Occasionally revisions to a tour may occur without prior notice for reasons over which we have no control. For example, it may be necessary to change a tour due to adverse weather conditions, poor or unsafe road conditions, river accessibility or local circumstances and events.
Borneo Adventure reserves the right to alter itineraries without prior notice at any time, both before and during the tour.
It is agreed that a published itinerary is only an indication of what the tour is planned to accomplish and does not constitute a contractual obligation.
Tour Amendments By You
We reserve the right to impose a RM 50 administrative fee for each amendment you require to a confirmed tour programme and related reservations. This fee is in addition to any surcharges levied by hotels, ground handlers, transport suppliers, etc.
Borneo Adventure recommends that you and all members of your travel party obtain comprehensive travel insurance for the full duration of your tour. It is your responsibility to ensure that the travel insurance policy you buy is suitable and fully covers your requirements. We recommend that your travel insurance provide cover for personal accident, medical expenses, death, emergency repatriation, cancellation, personal liability and loss of luggage and personal effects.
If you choose to travel on a tour with Borneo Adventure without adequate insurance cover, we will not be liable for any personal injury, medical expenses, death, disability, medical evacuation, repatriation and any loss of or damage to luggage and personal effects.
Acceptance of Risk
Some of the activities you may choose to participate in during your tour may involve a degree of personal risk. The geographical and natural environment can present challenges and is sometimes hazardous. Many activities (e.g. jungle trekking, wildlife watching, mountain climbing, cycling, kayaking, swimming, boat travel, etc.) have a risk of personal injury or death. If you take part in such activities, you accept these risks and are responsible for your own actions.
Our tour guides & other staff may provide instructions and /or safety briefings to you before and during your tour. Any safety briefings, information or notices must be observed. This will help to minimise risks. We accept your booking on the basis that you understand and accept the risks involved in activities on your tour. If you feel uncomfortable or do not wish to participate in any activity on tour please inform you tour guide.
Unused or Missed Services
No discounts or refunds will be given if you decide not to take part in an activity or service during your tour.
No refunds will be given for services and activities that are unused our missed due to no fault of Borneo Adventure.
Flight Delays and / Cancellations
Borneo Adventure cannot be held liable for the outcome caused by the delay or cancellation of flights. While we will try to assist and re-arrange a tour wherever possible we are not obliged to provide financial compensation or otherwise in such instances. Clients will have to bear any additional costs caused by flight delays or cancellations.
We reserve the right to raise the price of a tour if there are exceptional cost increases beyond our control. Tours in Malaysia include 6% Malaysian Goods & Service Tax (GST). With effect from 1 September 2017, accommodation premises in Malaysia levy a government Tourism Tax of RM 10 per room per night for foreign guests. The Tourism Tax is collected by hotels upon check-out. It is not included in our tour prices.
The cost of your tour does not include: international airfares, surcharges and airport taxes, passports, visas, immunization, insurance, alcoholic beverages, laundry, excess baggage charges, food and beverages not included in the itineraries (including those stocked in hotel mini bars), or any items of a personal nature.
Responsibility & Limitation of Liability
Borneo Adventure gives notice that all arrangements for transport or conveyance, or for hotel accommodation are made by them as agents upon the express condition that Borneo Adventure shall not be liable for any injury, damage, loss, accident, expense, delay or irregularity which may result from the negligence or default of any company or individual(s) engaged in providing these arranged services.
Borneo Adventure shall not be liable for bodily injury or property damage, losses or additional expenses arising from the following causes: acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbances, theft, negligence, default, changes in government regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled.
Except where otherwise expressly stated in these terms and conditions, Borneo Adventure cannot accept liability or pay compensation where the performance of our contractual obligations to you are affected or prevented as a result of ‘force majeure’. In these terms and conditions, ‘force majeure’ means any event which either ourselves or the supplier of the service in question could not foresee or avoid, even with due care and consideration. Such events include war or threat of war, epidemics, riot, civil strife, airport closures, terrorism, industrial dispute, natural or other disasters, nuclear incident, adverse weather conditions, government intervention, fire, flood and all similar events outside our control.
Optional Extras refers to any excursion, activity, meal, service or transportation not included in your tour itinerary. You agree that any help given by our tour guide, other Borneo Adventure staff or local representatives in arranging Optional Extras does not render us liable for them in any way.
Borneo Adventure will not accept responsibility for Optional Extras which do not form part of the tour contract or where they are not listed on our website. For example, if you book an activity or excursion with your hotel or another tour operator or supplier.
The contract for the provision of an Optional Extra will be between you and the supplier and not Borneo Adventure. We are not responsible for the provision of Optional Extras or for anything that happens during the course of an optional tour, activity or excursion provided by the supplier.
You agree that any liability for death, personal injury, illness, disability, loss of income, stress, anxiety, pain, mental suffering, loss or damage to property resulting from optional extras is the responsibility of the third party providing that service or activity.
Photos, Videos & Marketing
We occasionally take photos and video of travellers on our tours and use these images for marketing purposes. You agree to allow us to use images of you taken during the tour for advertising and marketing purposes in any medium we choose. You grant us perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
If you have a complaint about your tour please inform your tour guide as soon as possible so that he or she can resolve the issue when it occurs. If the matter is not resolved to your liking please put details of your complaint in writing and email us at [email protected] within 30 days of the end of the tour. Please include any order confirmation number and other relevant information.
By providing your own or another individual’s personal data to Borneo Adventure, you confirm that you and such other individual agree to us processing your personal data in accordance with this Data Protection and Privacy Statement.
Our full privacy notice can be viewed at www.borneoadventure.com/about/privacy-notice/