BOOKING TERMS & CONDITIONS
The services provided and the respective responsibilities and liabilities are outlined and governed by these TERMS AND CONDITIONS.
The online submission of the booking request form or via email shall be deemed to constitute the acceptance of the Booking Terms and Conditions and Payment Methods by the Client and shall be an undertaking that he has the authority to act for and on behalf of the persons named on the Booking Request Form for the travel and tour services. For purposes of these Booking Terms and Conditions, “Client” hereby referred to the named persons in the Booking Request Form including any travelling companions.
All general and collateral agreements or special requests of the client must be recorded in a written form and are deemed to be officially agreed upon only after their being included in the booking confirmation and client invoice.
Safety and Health Precautionary Measures
- We only allow a maximum of 70 passengers for every session. This is to avoid overcrowding and enhance safe distancing.
- Latest Update as of 23 Sep 2020: We are not accepting passengers who are arriving from Lahad Datu / Tawau / Semporna / Kunak within the last 14 days until further notice. You are also required to declare if you have visited any of the aforementioned places.
- You are required to fill up Health Declaration Form and declare your travel history in the last 14 days. Your temperature will also be taken before boarding the cruise.
- Your seat will be allocated according to safe distancing guidelines.
- A thorough disinfecting of the cruise will be conducted before and after every session.
MODES OF PAYMENT
The tour prices are quoted in Ringgit Malaysia (MYR).
Payment via visa/master credit card in Ringgit Malaysia (MYR) only. A 3% online booking fee applies.
In the event that you have to postpone your North Borneo Cruises tour for valid reasons, kindly provide us with the supporting documents at least 2-3 days before the tour and we will rearrange your schedule for you. Last minute requests to postpone your North Borneo Cruises tour (on the day of tour itself) will incur a postponement fee. Once again, you are advised to purchase the “Rain Check Flexi” cover to ensure receiving a full refund should you be unable to postpone your tour.
Only if you have purchased our “Rain Check Flexi" Cover, you will get a refund for your North Borneo Cruises tour ticket in case of bad weather (excluding “Rain Check Flexi” Cover Fee). You will receive the refund within 14 - 28 working days after the cancellation of your tour. Alternatively, we encourage you to purchase the “Rain Check Basic” Cover which allows you to reschedule your North Borneo Cruises tour to another date, 2 hours prior to the boarding time if you are uncomfortable to proceed based on unfavourable weather forecasts. If you have NOT purchased either of the above mentioned covers, there will be NO refund should you decide not to proceed with the North Borneo Cruises tour.
On our adventure tours, some of the locations are in areas where it is less accessible and the events that may occur in such places are less predictable. There will be elements of uncertainty as we are visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in our daily lives. North Borneo Cruises puts every effort to ensure comfortable travelling of the Client, but the Company seeks mutual understanding that certain parts of the destinations will not have the same facilities, emergency, healthcare and safety services of the same quality level as what the Client may be accustomed to in their own country. Road travel may be uncomfortable or even unreliable at times. Client may possibly encounter power failure, insufficient water and limited food selection in remote areas. It is a fundamental condition that the Client acknowledges that all adventure tours require some flexibility and the most meticulously planned arrangement can go wrong. The day to day itinerary is an indication of what the group should accomplish, but not a contractual obligation. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight or rail cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances. Therefore, the Company will make the necessary changes in view of the safety and best interest of the Client. These amendments may be made with or without the consultation of the Client. Nonetheless, the Company will do everything within our control to minimize the effects of the enforced changes. The Company, however, cannot be held responsible for the results of these changes, regardless of how they were caused.
LAND PRICE EXCLUDES
Items not included in the price are generally described in the itinerary and include without limitation: airfares and airport taxes of any nature, both domestic and international; excess baggage charges as imposed by airlines; forwarding of baggage and purchases; passport and visa cost; camera charges; emergency evacuation charges, medical charges for inoculations; room service; all items of personal nature such as medicine, laundry, postage, beverages, photography charges and other personal effects and belongings like clothing, camera; meals not included in itinerary; alcoholic drinks; and telephone/cable/fax/internet charges; baggage, trip cancellation and personal insurance; souvenirs and gratuities to or tips for tour guides, tour leaders, drivers, hotel porters, etc.
For airport transfer, please provide the arrival/departure flight details at the time of reservation. Transfer arrangements will not be provided for bookings with missing or inaccurate arrival/departure information and there will be no refund for unused services. Our driver or representative will greet and meet you at the Airport arrival hall (unless otherwise advised) with a placard bearing your good name or our Company’s name. Should you be unable to locate our representative or the appointed meeting place, please call the relevant telephone number stated on the voucher before making alternative arrangement. For all land transfers, the ground operator will make the arrangement in advance. Should you need to change the pickup time, please ensure the ground operator is informed at least 24 hours prior to your departure. The change request is subject to seat availability.
Unless otherwise specified, tours are conducted in English and provided in well-maintained boats and air-conditioned tourist coach, minibus or van depending on group size. Mandarin/Malay/Foreign Language speaking guides are available on request. North Borneo Cruises shall not be responsible or liable for articles left behind or lost in the transport vehicles. Pickup times from hotels are approximate and may be subject to traffic conditions. Should the transport be delayed, please call the relevant telephone number as stated on the voucher before making alternative arrangements. North Borneo Cruises reserves the right to alter routes, timetables, itineraries and accommodation reserved at short or no notice should conditions beyond our control render it necessary. Should the customers decide not to accept the alternatives, full refund of the amount paid by the customer will be made without further obligation or liability.
TRAVEL DOCUMENTS & VISA
All passports and visas must be valid for at least six (6) months from the date of entry into the country destination. It is Client’s sole responsibility to ensure their proper travel documents. North Borneo Cruises will not be liable for any expenses, reimbursements or refund of any tour fare in the event that the Client is refused entry by immigration authorities into the country of destination for any reason whatsoever.
INSURANCE & HEALTH
The Client is strongly recommended to purchase a comprehensive personal travel insurance policy for the duration of the trip; to cover against Personal Accident, Loss of baggage, Delays, Unexpected alterations to travel arrangements, Cancellation, Act of God, Emergency Medical Evacuation, Infectious diseases, Epidemics, Terrorism etc. Clients must generally be in good health in order to enjoy the tour. It is also important that clients consult their doctors for vaccination and other medical requirements before the trip.
LIMITATION OF LIABILITY
North Borneo Cruises shall be exempted from liability for loss, injury or damage to property or personal accidents, delays irregularities or the occurrence beyond our control. Every person participating in any tour organized by North Borneo Cruises shall be regarded as carrying his own risk with respect to loss or injury to person or property.
North Borneo Cruises shall not be liable where the contract is affected by 'force majeure'. In the context of these terms and conditions, 'force majeure' is any event that is beyond the reasonable control of the Company or which are unavoidable by the exercise of due diligence on the Company’s part including but not limited to war, threat of war, riot, civil commotion or strife, hostilities, industrial dispute, natural disaster, fire, acts of God, terrorist activity, nuclear disaster, adverse weather, government action or technical problems with transportation.
It is possible that due to inclement weather or any other unforeseen circumstances that itinerary or routings could be changed. Arrangements of the similar standard will be substituted, should it occur. However no refunds will be available. North Borneo Cruises reserves the right to make changes to travel arrangements at any time without compensation. All prices quoted in the website are correct at the time of publication and are subject to change without notice in the event of unforeseen circumstances such as currency fluctuations, increase in transport costs, hotel rates, government tax etc.
NorthBorneoCruises.com will safeguard, according to strict standards of security and confidentiality, any information on the Client. The Company limits collection and use of client’s personal particulars/information to the minimum; and for the purpose of completing the transaction as well as facilitating smooth delivery of services. And every effort shall be made to ensure the integrity of the client’s personal particulars and confidential information entrusted to the Company are not compromised. NorthBorneoCruises.com also undertakes not to divulge the client’s personal information to any unauthorized third party without prior consent. We shall only use these data to deliver marketing materials related to The Company's services.
Any comments regarding complaint/claims should be lodged in writing with supporting documentation to the Company within 7 days from date of return.
WEBSITE TERMS & CONDITIONS
The contents displayed in this Site (www.NorthBorneoCruises.com) can be changed without prior notice and can happen before or in the midst of your tour. We make every effort to ensure all the information displayed is accurate, but North Borneo Cruises cannot accept responsibility regarding the inaccuracy of the statements made.
All prices stated in this Site are correct at the time of upload and placement; however prices are subject to changes, availability and payment received. Deals and promotions are limited time offer and subject to price changes, availability and full payment. If the prices are increased, you will be advised to either adjust your payments or cancel your bookings if payment has not been received by the due date. Always check with North Borneo Cruises for more info and details. Payment and cancellation terms & conditions apply for all bookings.
RESTRICTION ON USE
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ACCESS TO THE SITE
North Borneo Cruises does not warrant that access to this site will be uninterrupted, or that the services offered on the site will be error-free. We reserve the right to change or discontinue or improve any features on this Site.
To the fullest extent permitted by law, North Borneo Cruises disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this Site, or relying on anything contained in or omitted from this Site.
No part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed for any commercial purpose whatsoever without North Borneo Cruises' prior written permission.
The Site and all information are provided on an as-is basis without any warranties of any kind. North Borneo Cruises' disclaims all warranties. The Trade Practices Act and all corresponding state and territory legislation implies and prohibits the exclusions, restriction, and modification of such terms. Except as provided in these terms, all warranties express or implied are any way excluded. In any event, any liability under any implied warranty is limited to providing you with the goods or service.
North Borneo Cruises will take reasonable steps to protect the information on this Site from illegal, harmful or inappropriate use, modification or alteration. To the fullest extent permitted by law, North Borneo Cruises disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you as a result of any illegal, harmful or inappropriate use, modification or alteration of this Site.
RELIANCE ON INFORMATION
The information on this Site is provided in good faith, but you should not rely on it without making your own independent assessment of it. North Borneo Cruises gives no warranty as to the accuracy, currency, reliability or completeness of any information contained on this Site. The illustrations available on this Site are merely intended for setting the mood for various tours and are not geared to express actual views or opinions.
AMENDMENTS TO TERMS AND CONDITIONS
North Borneo Cruises Tours may, without prior notice, amend or modify this disclaimer by posting the revised disclaimer to this Site.
USE OF SITE FROM OUTSIDE MALAYSIA
The information on this Site and the terms and conditions have been prepared in accordance with Malaysia law. If you are residing in or accessing this Site from a country other than Malaysia (‘the User Country') the information and the terms and conditions may not satisfy the laws of the User Country. Should the information and the terms and conditions satisfy the laws of the User Country, this Site is not intended for your use, and you are not entitled to rely on the information. If you do so, you agree to indemnify North Borneo Cruises for any loss or damage, which may be incurred by North Borneo Cruises as a consequence.
FEEDBACK, QUESTIONS OR PROBLEMS
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