YOUR USE OF THIS WEBSITE IS ON CONDITION THAT YOU ACCEPT WITHOUT VARIATION THE TERMS AND CONDITIONS SET OUT HEREIN WHICH MAY BE AMENDED BY HARPERS TRVEL (M) SDN BHD (HEREINAFTER ALSO REFERRED TO AS harperstravel.com FROM TIME TO TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO ANY PART OF THE FOLLOWING TERMS OR CONDITIONS, YOU MUST NOT USE THIS WEBSITE
GENERAL TERMS AND CONDITIONS
Travelers / Tour Members are deem to have read, understood and accepted the following Terms and Conditions.
1. USER'S OBLIGATIONS
Users agree to:
- keep your Username and Password secure and protected from unauthorized access or use, please do not reveal your password to anyone and it is advisable to change it regularly as a precaution;
- immediately notify harperstravel.com if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security;
- not use this website in any way which interferes with its availability for other users.
2. REPRESENTATIONS & WARRANTIES
You represent and warrant that:
- you are of sufficient legal age to use this website in accordance with all terms and conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of this website;
- you are financially responsible for all uses of this website by you and those using your login information;
- all information supplied by you in using this website are true and accurate
- you will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- you will not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
3. SOFTWARE AND COPYRIGHT
www.harperstravel.com retain all rights (including, but not limited to trademark rights, copyright and patent rights) with respect to all software and underlying information or material available through this website.
Copyright © 2006 Harpers Travel (M) Sdn Bhd
You are not to download or otherwise export or re-export any software or underlying information or material available through this website, except to the extent that such downloading occurs in the course of using this website in accordance with our written instructions or otherwise as expressly permitted in this Agreement.
This clause shall survive any termination of this Agreement.
Your use of this website is at your sole risk. This website (including the products and services) is provided on an "as is" basis and you assume total risk and responsibility for your use of this website.
To the maximum extent permitted by law, harperstravel.com specifically disclaims all warranties, express or implied, in respect of this website including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights or compatibility between this website and any software or hardware.
The information contained in this website is subject to change without notice.
harperstravel.com neither warrants nor makes any representations regarding the accuracy or completeness of this website or of any of the data or information contained in this website or that the use of this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, Trojan horses or other harmful components.
5. LIMITATION OF LIABILITY
harperstravel.com shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use this website, or the information, products and services obtained through this website, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance by harperstravel.com or any unauthorized access or breach of security into this website through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if harperstravel.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this Agreement, the liability of harperstravel.com shall in no event exceed, in the aggregate, Ringgit Malaysia One Thousand Only (RM1,000.00).
The disclaimer and limited liability of harperstravel.com as set out in this Agreement are fundamental elements of the basis of the bargain between you and harperstravel.com and you agree that harperstravel.com would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Agreement.
7. FORCE MAJEURE
harperstravel.com shall not be liable for damages of any kind arising out of any failure or delay harperstravel.com in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control.
8. CANCELLATION OF SERVICE
harperstravel.com may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to this website or refuse to give effect to any booking or reservation requested by you without being required to give any reasons or advance notice to you.
You shall indemnify and keep harperstravel.com indemnified against all claims, demands, actions, proceedings made or brought against harperstravel.com arising from your use of this website and/or any breach of any term or condition by you.
10. LINKS TO THIRD PARTIES
This website may contain hyperlinks to websites operated by parties other than harperstravel.com. The inclusion of hyperlinks to such websites does not imply harperstravel.com's endorsement of such websites nor any association with their operators. harperstravel.com is not responsible for the contents of other websites.
All information and prices shown are correct at the time of uploading but are subject to change until your booking is confirmed and full payment made.
Any provision of this Agreement, which is invalid, prohibited or unenforceable in any jurisdiction, shall:
- be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability;
- not invalidate the remaining provisions of this Agreement; and
- not effect the validity of that provision in any other jurisdiction.
14. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and harperstravel.com as a result of this Agreement or your use of this website.
15. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions will apply to your booking and purchase of our products and services. You agree to abide by Harpers Travel's conditions of purchase and/or the terms and conditions of any supplier of the travel-related products or services.
16. ENTIRE AGREEMENT
This Agreement (including harperstravel.com's conditions of purchase which are set out below) is the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and you submit to the non-exclusive jurisdiction of the courts of Malaysia.
TERMS AND CONDITIONS FOR PURCHASE
- All fares and taxes quoted are subject to changes with or without prior notice. Fares and taxes quoted are guaranteed only upon issuance of air tickets.
- Upon confirmation of flight booking, a deposit will be required to secure the reservation.
Ticket Value Deposit Below RM1,000.00 Full Payment RM1.000.00 and above RM500.00
- Balance of full payment is required one month before the date of flight departure. All special or promotional airfares have special terms and conditions which are tied by specific airlines and ticket wholesalers. Tickets may not be endorsable, re-routable, or refundable. It is the customer’s responsibility to check the terms and conditions of air-tickets before purchase.
- All amendments are on request basis and are subject to approval by the respective airlines, ticket wholesalers, and www.harperstravel.com / Harpers Travel
Time of Amendment Processing Fee
Other Fee Before issuance of air ticket RM100.00 N/A After issuance of air ticket RM100.00 Penalty or cancellation fee imposed by airlines.
- An administration fee of RM200.00 excluding airlines charges will be levied for any cancellation and refund for all fully unused air tickets. Special and promotional fare air tickets may not have any refund value and thus are not entitled for any refund.
- Unused segment(s) may have less than one-third its value or zero value.
- A no-show fee of minimum RM150.00 or more subject to airlines rules will be deducted from the refund value for failing to cancel flight reservation(s).
- Refund for credit card payments will be made through Harpers Travel.
- Refund of partially unused ticket will take approximately 3-12 months depending on selected airlines or air-consolidators to process.
- Tickets are non-negotiable, non-endorsable, non-reissuable and non-reroutable.
- No refund for partially unused tickets and promotional fare air tickets.
- No refund, either in full or part, will be made for any unused service arrangements not utilized.
- Minimum and maximum stay and/or ticket validity is according to fare rules made known at the time of purchase.
- A deposit of RM500.00 per person is required upon booking. Minimum deposits per passenger (base on tour price) are:
However a payment or deposit does not constitute confirmation of tour.
Full payment will be required once booking is confirmed before any travel documents can be issued.
- Hundred percent (100%) payment is required at the time of reservation if departure date is less than 21 days from the date of intended travel. However if booking is unable to confirm, the harperstravel.com / Harpers Travel will fully refund the monies paid except for promotion air tickets where their Terms & Conditions will apply.
- We reserve the right to cancel any booking if full payment is not made within 14 days prior to your intended date of departure in which case the deposit payment will be forfeited.
- A cancellation of original booking includes any change (at the request of customer) in the tour booking or departure date (from Malaysia). The following cancellation fees will be levied accordingly:An administrative fee of RM100.00 per booking will be charge after the booking have been acted upon and RM100.00 per person will be charged for any amendment of one component after documents are issued (ticket or hotel or sightseeing or transfer voucher). However, No Amendment is allowed within 14 days from your intended departure date as this will be treated as Full Cancellation whereby, cancellation processing fee will be charge as per condition.
- More than 35 days prior to departure: RM500.00 per person
- Less than 29 –16 days prior to departure: 50% of total tour cost or RM500.00 per person (whichever is higher)
- Less than 15 – 08 days prior to departure: 75% of total tour cost or RM500.00 per person (whichever is higher)
- Less than 07 days or No show: 100 % of total tour cost.
Notification of cancellation of booking must be made in writing and received by harperstravel.com / Harpers Travel to be effective and to avoid misunderstanding.
- Airlines seat and hotel accommodation are subject to availability and we therefore reserve the right to automatically cancel the entire booking if any of these services cannot be secured with refund of monies paid except for promotional air tickets where their terms and conditions apply.
- harperstravel.com / Harpers Travel has the full rights to amend flights and tour itinerary; however, we will make reasonable effort to avoid changes in flight and tour itinerary as stated in our material. Also, the harperstravel.com / Harpers Travel reserves the right to make minor changes at any time (to accommodate the tour) without compensation.
- Taxes are subject to change according to the prevailing rate of exchange and the final tax payable will be based on the date your document is issued (appear in ticket and travel documents).
- The following are guidelines for refund of monies paid for your tour bookings:-
- Around 60 days from submission to harperstravel.com / Harpers Travel and with a refund document if payment is by cheque, or cash.
- Around 90 days from submission to harperstravel.com / Harpers Travel and with a refund document if payment is by Credit Card
- The hotel will honor the reservation dates as specified in our booking confirmation, however it is not obligated to extend your stay under the same terms unless it is authorized or prepaid by harperstravel.com / Harpers Travel and/or the booking agent.
- A penalty and administrative fee will be charged for “No Show” if passenger fails to check-in and reservations for subsequent nights will be automatically cancelled.
- Amendments and cancellations fees and penalties vary amongst countries and hotel properties and are subjected to changes and the following serves as a guideline:
Time of Cancellation/Amendment Processing Fee Other Fees More than 14 days prior to check-in date (customer confirmed booking with www.harperstravel.com / Harpers Travel) RM100.00
per room confirmed
Penalty or cancellation fee imposed by hotel and/or other hotel consolidators/agents Less than 14 days prior to check-in date (customer confirmed booking with www.harperstravel.com / Harpers Travel) RM100.00
per room confirmed
Minimum of 1 room night charge for frequent individual travelers (check with harperstravel.com / Harpers Travel for details to cancellation charges)
- It is in your own interest to check with the www.harperstravel.com / Harpers Travel and/or your booking agent before any changes are made.
- www.harperstravel.com / Harpers Travel acts only as an agent for airlines, hotels, and other travel-related service providers and is not responsible for any changes made by travel suppliers, but will render assistance wherever possible
- www.harperstravel.com / Harpers Travel shall not be liable for any cost, expenses, or damages whatsoever incurred or suffered by the Customer(s) which arises from any of the following events:It is the passenger’s responsibility to obtain or have a passport with at least six (6) months validity to your intended date of departure and Visa (if required) for country of visit. harperstravel.com / Harpers Travel will not be responsible for informing or checking with the passenger on the availability of the said documents.
- Acts of God, fire, lighting, explosion, flood, inclement weather, or accidents.
- National or local emergency, acts of omissions of any government or governmental authority or agency, insurrection, civil disorder, war, or military operations;
- Industrial disputes of any kind, strikes, lock-outs, stoppage, or restraint of labor;
- Traffic congestion, vehicle breakdown, obstruction of any public/private road, highway, sea or air passage;
- Accidents of any kind occurring during the Customer’s independent activities;
- Theft, robbery or lost property;
- Food poisoning;
- Isolation as a result of infectious diseases or any condition likely to endanger the health or safety of Customer(s) or impair their reasonable comfort;
- Any cause beyond the reasonable control of the travel suppliers and its agents.
- harperstravel.com / Harpers Travel cannot be held responsible or liable for any expenses, reimbursement or refund of air-ticket, tour, hotel and/or other travel-related prices if any passenger is deported or refused entry by any country on arrival or before departure or during the tour for whatsoever reasons, including to non-possession of necessary Visa.
- Any complaints/claims must be made in writing within 2 weeks after services are rendered. Any complaints and/or claims made after such period will not be entertained.
- harperstravel.com / Harpers Travel strongly recommends that you take out a Personal Travel Insurance policy prior to the commencement of your overseas trip or holiday, with respect to baggage lost/delay, flight delay, medical hospitalization, injury, illness, and/or other unforeseen events and inconveniences.
The Terms & Conditions herein is subject to change with or without prior notice. Please check addendums to these terms and conditions, if any, upon booking.