General Terms and 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.
Tours as stated in Borneo Eco Tours brochure are operated by Borneo Eco Tours Sdn Bhd hereafter referred to as 'The Company'. The tours are sold subject to the following conditions:
The contract made between the Company and the Client shall be deemed to have made at the registered office of the company at Lot 1, Pusat Perindustrian Kolombong Jaya, Mile 5.5 Jalan Kolombong, 88450 Kota Kinabalu, Sabah, Malaysia and shall be governed by the laws of Malaysia.
Although every effort will be made to operate the tours as advertised, the Company reserves the right at its absolute discretion to make alternative arrangements as it sees fit if caused by weather conditions, technical problems to vehicles, flight delay or other circumstances beyond the control of the Company. It will wherever possible try to provide hotel of equivalent standard. Where there is a better hotel provided, there will be no extra charge. Where it is in the interest of tour members that an itinerary be altered, such alterations may be made without penalty to the company.
The Company accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
Inquiries or reservations for tour services shown must be made directly through Borneo Eco Tours Sdn Bhd. Full information is required in order to handle the Client’s reservation efficiently. Eg.
- arrival/departure dates and flight details.
- Number/type of rooms and meals required
- Guide requirements
- Names of clients in full with gender
Passport and Visas
The Client must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which the Client will visit during his trip. The Client’s passport must be valid for 6 months beyond the duration of the trip. It is the Client’s responsibility to ensure that he is in possession of the correct visas, permits and certificates for their trip; please refer to the Trip Notes for details. We are not responsible if the Client is refused entry to a country because he lacks the correct passport, visa or other travel documentation
A 100% non-refundable deposit of the total accommodation cost is required to confirm reservation of accommodation at Sabah Park/National Park i.e. Selingan island chalet, Kinabalu Park accommodation, Laban Rata Resthouse, Poring Hot Springs accommodation and Tunku Abdul Rahman Marine Park accommodation. A fee will be imposed if any amendment, cancellation or number of person or room reduced is made after booking is confirmed.
Full payment is required for all confirmed tour package. Failing will result in the cancellation of reservation.
could be made by credit card. We accept Master and Visa.
Accommodation: A 100% NON-REFUNDABLE DEPOSIT of the total accommodation cost is required to confirm reservation of accommodation at Sabah Park/National Park i.e. Selingan island chalet, Kinabalu Park accommodation, Laban Rata Resthouse, Poring Hot Springs accommodation and Tunku Abdul Rahman Marine Park accommodation. A fee will be imposed if any amendment, cancellation or number of person or room reduced is made after booking is confirmed.
Tours: Hotels, carriers, restaurants and services contractors, will impose cancellation fees depending on the circumstances of the cancellation. The following Cancellation Fees will be charged to you through Borneo Eco Tours Sdn. Bhd. and the remainder will be refunded.
- More than 31 days prior to arrival: 10% cancellation fee on the cancelled component
- Less than 30 days prior to arrival: 50% cancellation fee on the cancelled component
- Less than 14 days prior to arrival: 100% cancellation fee on the cancelled component
Such cancellation fee(s) may vary upon Third Party Suppliers or other suppliers’ conditions. If you cancel any Product (including any element of a Package) you may incur cancellation charges from the Third Party Providers supplying the cancelled Travel Product and you agree to indemnify Borneo Eco Tours (and any related parties) for any fees or charges incurred by them in relation to your cancellation. A cancellation will only be effective when we receive written confirmation of the cancellation.
Prices and Surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability.
Acceptance and Risk
The Client acknowledges that the nature of the trip is adventurous and participation involves a degree of personal risk. The Client will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also the Client’s own responsibility to acquaint himself with all possible relevant travel information and the nature of his itinerary. The Client acknowledges that his decision to travel is made in light of consideration of this information and accepts that he is aware of the personal risks attendant upon such travel.
Claim and Complaints
If the Client has a complaint about his trip, the Client is to inform his group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
Photo and Marketing
The Client consents to us using images of him taken during the trip for advertising and promotional purposes in any medium we choose. The Client grants us a perpetual, royalty free worldwide, irrevocable license to use such images for publicity and promotional purposes.
Borneo Eco Tours and its Third Party Supplier
Borneo Eco Tours makes arrangements with accommodation providers, activity providers, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide the Client with the travel services and other services the Client purchases or which form the component parts of the Client’s product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the product Tour(s). Although Borneo Eco Tours takes all reasonable care in selecting Third Party Suppliers, Borneo Eco Tours is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. The Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Borneo Eco Tours does not warrant that any Third Party Supplier is in compliance with the laws of the Client's country of residence, or any other jurisdiction.
BORNEO ECO TOURS IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN BORNEO ECO TOURS AND ITS EMPLOYEES. For clarity, neither Borneo Eco Tours nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Updating Terms and Conditions
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them. The latest terms and conditions can always be found on the Company website and will supersede any previous versions.
Any personal information that we collect about the Client may be used for any purpose associated with the operation of a Trip or to send the Client marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.