Terms & Conditions

(EFFECTIVE DATE: May 01, 2019)

Clients are deemed to have read, understood and accepted the following terms and conditions. In the event of any conflict, the terms and conditions herein shall prevail.

 

IT IS AGREED as follows:

1. DEFINITIONS AND INTERPRETATION

• In this Agreement and the Schedules, unless the subject or context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them: 

Day :	Means a day on which banks are open for business in Kuala Lumpur, Malaysia (excluding Saturdays, Sundays and Public Holidays);
Travelooker :	Means AiVA Vacation Lifestyle Sdn. Bhd. brand name;
The Company :	Means AiVA Vacation Lifestyle Sdn. Bhd;
The Distributor :	Means an Appointed Distributor by AiVA Vacation Lifestyle Sdn. Bhd;
Tour Member :	Means the people who paid for and participated in the tour;

 

• The headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of the clause(s) to which they refer.

• Unless the context otherwise requires or permits, references to the singular number shall include references to the plural and vice versa, references to a particular gender shall include all genders, and references to natural persons shall include bodies corporate and vice versa.

 

2. DEPOSIT PAYMENT

• All tour packages require a deposit upon reservation has been made and confirmed. The company does not recognise any tour reservation forms or exchange orders as confirmation of tours and reservations.
• The reservation deposit, remaining full payment, and immediate full payment must all be made within the timelines specified in the schedule in Figure 1 below.
• A failure to comply with this requirement may result in the cancellation of the reservation and forfeiture of the deposit.

Late Reservations

• Reservations made less than 21 days for (ASEAN, Asia, Australia, New Zealand, Ground Arrangement) and 40 days for (Europe, America, Africa, Exotic) prior to departure require immediate full payment before travel documentation may be completed.

Reservation

• All reservations can be done through Travelooker portal online booking or via email.

Full Payment

• Full payment is required in the different timelines listed below in Figure 1 before departure and issuance of air tickets; otherwise, the reservation will be auto-cancelled without prior notice and the deposit paid will be forfeited.

Payment Method

• Payment can be made by the bank in cash, online bank transfer, or by cheque. A bank cheque will only be accepted if presented to The Company at least 3 (three) days before the date for full payment; refer to the schedule in Figure 1 below. 

FIGURE 1

DESTINATION	DEPOSIT COLLECT PER PAX/CLIENT	FULL PAYMENT	CANCELLATION CHARGES
			41 DAYS & ABOVE	40 DAYS - 22 DAYS	21 DAYS OR LESS
Europe, America, Africa, Exotic	RM 1,500 or 25% of tour fare	40 days before departure	100% Deposit	100% Full Payment	100% Full Payment
ASEAN (Cambodia, Myanmar, Indonesia, Philippines, Thailand, Vietnam)	RM 900 or 25% of tour fare	21 days before departure	100% Deposit	100% Deposit	100% Full Payment
Asia (China, Taiwan, Hong Kong, Macau, Japan, Korea)	RM 900 or 25% of tour fare	21 days before departure	100% Deposit	100% Deposit	100% Full Payment
Australia, New Zealand, China-Tibet	RM 1,000 or 25% of tour fare	21 days before departure	100% Deposit	100% Deposit	100% Full Payment
Premium/VIP (ASEAN, Asia, Australia, New Zealand)	RM 1,500 or 25% of tour fare	21 days before departure	100% Deposit	100% Deposit	100% Full Payment
Ground Arrangement	RM 300 or 25% of tour fare	21 days before departure	100% Deposit	100% Deposit	100% Full Payment

“Day” means a day on which banks are open for business in Kuala Lumpur, Malaysia (excluding Saturdays, Sundays and Public Holidays)

 

3. AMENDMENT CHANGES

A notice of amendment must be made in writing to avoid any misunderstanding and should be signed by the client who made the original reservation. The amendment is not effective until The Company receives the notice.

Amendment to the Tour Reservations

• Upon confirmation of the tour, any subsequent modifications made to the reservation are subject to an amendment charges of RM 300.00 (three hundred) per person per amendment. 
• Within 14 (fourteen) days of the departure date, no modifications to the reservation can be made.
• Any request by any client for any change to substitute a Tour Member, change a Tour Member's name, change departure dates of flight, such changes will be treated as cancellations and subject to the cancellation charges as defined in the cancellation policy (see clause 4).
• Changing the whole reservation is considered a cancellation of the original reservation and is subject to the cancellation charges as defined in the cancellation policy (see clause 4).

Amendment to the Tour Itinerary

• The Company will make a reasonable effort to avoid changes in the itinerary. However, The Company reserves the right to make alternate arrangements or alter itineraries, travel arrangements, airlines used, flight schedules, mode of transportation, sightseeing excursions, meal servers, tour service, and hotel accommodation changes at any time due to unforeseen circumstances (bad weather, airline rescheduling, delay in transportation or local conditions, etc.) with or without prior notice. The Company will not be held liable for any loss or additional expenses incurred shall be borne by the Tour Member.

 

4. CANCELLATION

Cancellations by Tour Members

• Notice of cancellation must be made in writing to avoid any misunderstanding and should be signed by the client who made the original reservation. The cancellation is not effective until The Company receives the notice.
• Cancellations are subject to the following charges; refer to Figure 1, Cancellation Charges.
• For tour products supplied by third parties, such as cruises, air tickets, hotel reservations, etc., a cancellation charges for refund made under the terms and conditions of the respective third party shall apply, plus a handling charge of a minimum of RM100.00 per service per person.
• In the event that any client cannot travel on the departure date as confirmed because of visa rejection, such changes will be treated as cancellations charges; refer to Figure 1, Cancellation Charges. 

Cancellations by The Company due to Force Majeure

• Even after deposits or full payment have been made, all arrangements are still subject to final confirmation. If the arrangement is unable to be finalized, The Company reserves the right to postpone or cancel the tour is caused by force majeure. For example, force majeure includes, but is not limited to, war, political upheavals, revolution, terrorist acts, border closures, epidemics, natural disasters, strike, riot, or order from the government, or other causes that seriously affect both parties, particularly the location of the accommodation provider, as well as our country of origin, and other unforeseeable causes beyond its control. The Company endeavours to notify the clients at least 10 (ten) days before departure.
• The Company will recommend alternative departure dates or alternative tours. If a client declines to accept the alternative tour, all money paid less the amounts already paid, including airfares (see clause 6), accommodation, transfer, and the administrative fee chargeable, will be refunded to the client.

Cancellations by The Company due to Insufficient Tour Member

• Even after deposits or full payment have been made, all arrangements are still subject to final confirmation. In the event of a cancellation by The Company due to insufficient Tour Member or inability to secure seats or accommodation, The Company will recommend alternative departure dates or alternative tours. Should the clients declines to accept the alternative arrangement, The Company will refund the amount of money paid and also pay compensation as follows:

Cancellation Charges Received Cancelation Charges Per Person

• 11 days and above before departure: a full refund of tour fare per Tour Member will be issued.
• 06-10 days before departure: a full refund of the tour fare plus RM50.00 compensation per Tour Member will be issued.
• 01–05 days before departure: a full refund of the tour fare plus RM75.00 compensation per Tour Member will be issued.
• On the day of departure, a full refund of the tour fare plus RM100.00 compensation per Tour Member will be issued.
• A 3% administrative charge will be imposed on all credit card refunds made through the respective credit card companies between 4 to 6 weeks.
• All the cheque, bank in cash, and online bank transfer refunds will be made in the form of an online bank transfer and processed within 2 to 4 weeks.

 

5. INFORMATION AND PRICES FOR THE TOUR

The prices displayed are current as of the time of publishing. Part of the booklet contains information about the tour and a pricing list. 

• Itineraries, prices, services, and terms and conditions are correct at the time of reservations. The tour fare is subject to change due to increases in airfares, airline fuel surcharges, other transportation costs, hotel rates, exchange rates, government taxes, airport taxes, etc. Therefore, The Company reserves the right to revise the tour fares and to determine the date of commencement of such revised tour fares. On condition that it informs the clients accordingly before the confirmation of the tour.
• During the peak season, important events, festivals, conferences and fair periods at local country, or other circumstances beyond control, The Company reserves the right to change the hotel reservations. Additional charges are applied for changing to a new hotel if fees are different from those advertised.

Purchase of Promotional Packages at Travel Fairs or During Special Promotion Periods

• For special promotional airfares offered on tour packages, tickets must be issued within a stipulated time frame. For any amendment or cancellation, the fare difference will be imposed based on the current pricing at the time of the notice. Once a ticket is issued, a full cancellation charges is levied and no refund will be considered in the event of cancellation, no-show, or no collection of the ticket (see clause 4).

Visa fee and Insurance Premiums

• Every client is required to pay a non-refundable visa application fees (where applicable) and travel insurance premiums whether the visa is issued or refused and whether the group tour is materialized or not.

Single Supplement and Lodging

• Accommodation properties are subject to availability at the time of reservation. In the event that the accommodation booked or requested is unavailable, every effort will be made to find an alternative in another accommodation or similar standard (price may vary accordingly).
• All adult accommodation is based on a twin-sharing basis.
• All triple-sharing rooms are on request only, as some hotels and accommodations do not have triple-sharing rooms. A "roll-away" bed will be added for triple-sharing rooms that were not originally built with three beds.
• Single room occupancy is at an additional cost borne by the client. The client will be informed of single supplement charges during reservations procedures.
• For famstays, resorts, and cruises, sharing of bathroom facilities may be necessary.

Stay Extending and Ticket Deviation

• An extension of stay and deviation of air ticket at the end of the tour or travel arrangement is permitted subject to the maximum validity and restrictions of the air ticket, seat confirmation and availability of accommodation prior to the commencement of the tour. The extra costs incurred to process the extension will be borne by client. It is the client’s responsibility to hold onto a confirmed seat for the return flight. When extension or deviation requests cannot be confirmed 60 (sixty) days prior to group departure, the client be deemed to return on the original flight and tour schedule booked, and no cancellation of the tour is allowed.

Tour Fare Included

• Items included in the price are generally described in the itinerary.

Tour Fare Excludes

• All taxes (international airport, domestic airport, fuel, relevant government taxes, and whatever applicable taxes)
• Domestic air ticket reservations for client or distributor from other Malaysian states (if any).
• Visa fees if required.
• Optional excursions.
• Meals, beverages, room service or any other items that are not listed in the itinerary.
• Excess baggage fees, laundry fees, travel insurance, and all personal items.
• Gratuities for drivers, local guides, or tour leaders (if applicable), and porter tips.

The Pictures Shown are for Illustration and Indicative Purposes only

• Generic photographs contained in brochures and on website do not necessarily absolutely represent the resorts, beaches, or amenities adjacent to the properties (or the actual hotel room, apartment, layout, décor, view, etc. its might occupy or experience). The pictures shown are for illustration and indicative purposes only. 

 

6. FLIGHT TICKET

• Any reservations made by a client shall be deemed an offer by the client to purchase the relevant items subject to these reservation conditions. The Company is selling the flight tickets as an agent for the airlines, which means the contract for the flight product will be between the client and the airline. Clients are responsible for complying with any airline’s terms in relation to check-in times, reconfirmation of flights, amendment, cancellation, refund, or other matters.
• In addition to the cancellation charges (see clause 4), the relevant airline's cancellation policy on special promotional fares shall apply. (Note: The airline ticket is restricted and subject to the Airline's Terms and Conditions. It may be non-negotiable, non-endorsable, non-exchangeable, non-reissueable, non-refundable, and non-rerouteable. Any alteration in route or change of date of travel by any passenger is solely at its own risk. The Company will not be held liable for any inconvenience or additional costs incurred).
• In the event of any force majeure epidemic, strike, riot etc., where the reserved flight is still operable, the Tour Member is bonded to follow the agreed tour. Any refusal on the part of the Tour Member will be considered a cancellation cause and will be subject to cancellation charges (see clause 4).
• For flight cancellation and refund, as the tickets are issued directly by the airline or where payment for the flight has been made to the airline, the client may be instructed to make a refund request directly with the airline concerned. The Company will assist.

 

7. SPECIAL REQUEST

• Clients with special requests such as special meals, vegetarian meals, deviation flight tickets, the extension of stay, adjoining rooms, wheelchairs, etc., will have to inform The Company upon reservation. Such requests are subject to charges, availability, and confirmation.

 

8. TRAVEL PROTECTION INSURANCE

• All clients must purchase a comprehensive travel insurance plan prior to the commencement of the tour to protect against sickness, financial loss, cancellation, flight delay, or loss of baggage in the event of a sudden emergency before or during the trip.

 

9. TRAVEL DOCUMENTS

Client Responsibilities

• A client must have the required specifications and all proper travel documents.
• For outbound trips, a valid international passport or other approved travel document that is valid for at least 6 months from the date of return to the country of origin and required visas.
• The required visa, vaccination, current health certificates, and travel documents as required by the various authorities of the countries to be visited or transited through.
• For those old passports, please ensure that all children's passport photos are updated by the immigration authorities prior to departure.
• It is advisable to check and ensure that you are eligible to go overseas and that your name is not being blacklisted. ('Blacklist': Bank Debts, PTPTN and others).

The Company Responsibilities

The Company undertakes to:

• Inform clients about the needed documents.
• Assist client in acquiring the required visas whenever feasible. However, The Company cannot guarantee that any visa application will be approved.

Applicable Fees and Charges

• The clients will be responsible for any service expenses and visa fees.

Refusal to Enter

• If any client is refused entry by any country before departure or deported during the tour by immigration authorities due to non-possession of necessary visas, possession of unlawful items, holding improper travel documents, or other causes, or irregularities, or whose behaviour and activities are considered detrimental by a foreign government, The Company will not be held responsible or liable for any expenses, reimbursement, or refund of tour prices or travel arrangement charges.

 

10. REFUND OF UNUSED SERVICES

• No refund, either in part or full, or reduction, will be given to any client in respect of airfare, lodging, meals, sightseeing excursions, transportation, or any other services included in the tour fare that are not utilised by the client due to personal reasons.

 

11. CHANGES THAT MAY OCCUR

• Airline, ferry, vehicle, and train departure times are simply approximations. The Company cannot be held accountable or accept any obligation for any flight cancellation or delay, regardless of whether the cancellation or delay is caused by bad weather, airline rescheduling, airport authority action, air traffic controller action, technical failure, or industrial action.
• The Company will not be liable for any losses or expenses of domestic air ticket, local hotel, transportation from and to the airport, and other personal travel services that booked by client due to international flight change or cancelled including even if the group size is not materialized at last minute.

 

12. RIGHT TO REFUSE

• The Company reserves the right to cancel or withdraw any itinerary or any reservation made for a client, or refuse to accept or retain any individual as a Tour Member. In addition, The Company retains the right to cancel the reservation if, for any other reason, any carrier, hotel, or other contractor refuses to allow any participant to participate in the tours. If any of these occurrences occur, The Company's only obligation is to refund to the Tour Member any money paid, less the amounts for services already utilized, and the administration and cancellation charges.
• The Company reserves the right to require any individual to withdraw from the tour at any time if their behaviour, act, or conduct is deemed unreasonable, offensive to, or incompatible with the health, safety, interests, comfort, enjoyment, well-being, harmony, and welfare of other Tour Member and the tour group as a whole. In such cases, The Company will have no further liability to that individual in the future. The decision of the Tour Leader in this respect is final and conclusive of the tour for commercial purposes.

 

13. TOUR LEADER

• The assignment of Tour Leader for all group departures, regardless of group size, is at the sole discretion of The Company. The Company reserves the right to recall or reassign any Tour Leader at any time during the tour. However, every due consideration will be studied before such action is taken.

 

14. FEEDBACK RESPONSE

• The Company welcomes constructive feedback from its Tour Member in its continuing efforts to improve its service quality. If a Tour Member has any doubts while traveling, they should immediately communicate with the appropriate supplier and The Company representative so that the situation can be rectified. If the Tour Member does not file feedback immediately, the right to dispute will be lost or severely limited. Any disputes with regards to the tour shall be submitted in writing within 7 (seven) days from the date of return. The Company will not entertain any disputes thereafter.

 

15. RESPONSIBILITY AND LIABILITY

• The Company makes all arrangements for transportation, lodging, sightseeing, and other tour or travel services through Appointed Agents. All tickets, vouchers, coupons, and documents are issued subject to the terms and conditions under which these services are provided. The Company and it’s The Distributor accept no responsibility for injuries, damage, accidents, loss, delay, theft, quarantine, customs regulations, strikes, acts of God, deportation, or refusal of entry by immigration, and changes in itinerary.
• Force majeure: The Company will not be liable for any changes, cancellation, effect on clients' reservations, loss or damage suffered by clients or for any failure by the accommodation and transfer providers and/or The Company to perform or properly perform any of our respective obligations to clients which is due to any events or circumstances if the non-performance is caused by force majeure. For example, force majeure includes, but is not limited to, war, political upheavals, revolution, terrorist acts, border closures, epidemics, natural disasters, strike, riot, or order from the government or other causes that seriously affect both parties, particularly the location of the accommodation provider, as well as our country of origin, and other unforeseeable causes beyond its control.
• The Company shall not be liable to the clients for any goods purchased during the tour, whether or not the goods are of defective quality, not suitable for the clients' purpose, not in conformity with samples provided to the clients or rejected by the clients for any other reason whatsoever, notwithstanding that the goods are purchased in shops the visitation of which comprises part of the tour package (including itinerary) or which are specifically recommended by the travel services, their guides, servants, employees or independent contractors, nor shall The Company or the travel services be liable to the clients for the purchase money for the aforesaid goods.
• No tour leader, tour guides, employees and The Distributors of The Company are authorized to bind The Company to any liability. The Company will not be bound by any statement or representation unless it is in writing and signed by a management executive of The Company.
• Without further payment or consideration, notification, or permission, The Company reserves the right to publish or print any photographic or film materials taken during the tour for advertising, promotional, and other purposes, in any manner, in any and all media, now or hereafter devised.
• The Company also reserves the right, without prior notice, to change, amend, insert, or delete any terms and conditions or policies contained in this document.