Please read the following carefully.  My Malaysia Food Safari (“MMFS”) requires You to consider and accept the following Terms and Conditions prior to making a Tour booking. If You do not accept these Terms and Conditions please do not make a booking or pay a deposit.

 

By booking with us and paying the non-refundable deposit or full payment, You acknowledge that You have read, understood and agree to be legally bound by these Terms and Conditions.

 

MMFS may amend these Terms and Conditions at any time. All amended terms and conditions are automatically effective upon being posted on our website or on our Facebook page.

 

You must check the website and our Facebook page frequently for any changes to these Terms and Conditions.

 

If You have paid a deposit for a tour, MMFS will notify You as soon as possible of any changes.

 

Booking, Deposit and Balance of Payment:

 

All reservations for a Tour shown herein are to be made directly with MMFS. Reservations will not be considered definite until a deposit of the Tour cost is received as cleared funds.

 

Your deposit is non-refundable. The final payment for Your Tour is due 60 days before your departure date.  Failure to pay the full amount by the due date may result in a late payment fee or cancellation at MMFS' discretion.

 

Tour Cancellation Fees Policy:

 

1. Cancellation by MMFS

MMFS reserves the right to cancel or reschedule a Tour and will advise You of such cancellations no later than thirty (30) calendar days before the start date of that Tour. MMFS will offer You an alternative Tour or a full refund for the Tour.

 

MMFS is not responsible for and You will indemnify us for any other travel arrangements or additional costs incurred due to cancellations or changes to the Tour booked by You.

 

2. Cancellation by a guest:

Should You need to cancel Your Tour, please notify MMFS in writing. Cancellation fees, applicable on a per person basis, are listed below:

 

• 90 Days Prior to Departure  - Loss of Deposit;

• Within 90 Days of Departure- No refund of total Tour Cost

 

Please note:      Deposits are non-refundable and there is no refund for unused portions or unused services of the Tour.

 

3. Minimum Group Number:

The Malaysia tour must have a minimum number of six (6) people.  If the minimum number of Tour Guests is not reached, the Tour may be cancelled and Your payment will be refunded. Alternately MMFS may, at its discretion, offer You:

 

• the option to book another Tour on another date which has the minimum number of people; or

• the opportunity to continue with the Tour subject to increase in the cost of the Tour to accommodate the smaller group.

 

Prices Policy:

All quoted prices are per person and are land based only, including twin/double occupancy (two guests sharing a hotel room) and include planning, handling and operational charges. MMFS is under no obligation to give You a breakdown of costs involved in any Tour.

 

Inclusions in Published Tour Price:

Inclusions included in a Tour are all accommodation as noted in the itinerary; meals as specified;  departure transfers on specified day; land transport in a private vehicle as specified in the itinerary; all fully guided sightseeing and entrance fees noted in the itinerary; services of MMFS Tour Director, driver, depending on group size, one or more local Tour guides, handling of all baggage both to and from the airport drop off area for both local and international flights and hotel taxes throughout the Tour.

 

Baggage:

Baggage and personal effects are at owner’s risk through the Tour program.

 

Exclusions in the Published Tour price:

The Tour price does not include:

• domestic and / or international air or transport fares prior to or post Tour

• costs associated with obtaining passports and visas

• arrival and departure taxes

• personal travel insurance any other insurance charges

• medical expenses and vaccinations

• Meals other than those specified in the itinerary including special menu selections otherwise not included,

• personal expenses including but not limited to laundry, gratuities, presents, phone calls

• additional activities and the hire of Tour guides not specified in the itinerary

 

It is the guest’s responsibility to ensure settlement of any charges made by a hotel. All hotels require Your passport on check-in for extra services ordered directly by You such as room service, mini bar, laundry, communication charges such as telephone, fax, email or items of a personal nature.

 

Single Guests:

You will be required to pay the applicable single supplement to undertake the Tour. We endeavor to maintain single fees at a minimum.

 

Independent International Air Travel Arrangements:

All Tour Guests are requested to provide MMFS with their international flight schedules no later than 60 days prior to Tour departure.

 

Changes to the Itinerary:

MMFS makes every effort to operate all Tours as advertised. If for any reason we are forced to change Your booking or part of it, we accept no responsibility for this. We reserve the right to vary the itinerary and give You prompt notice thereof. MMFS also reserves the right to change the daily itinerary on Tour due to weather conditions or circumstances beyond its control. These decisions are final and may not be disputed during or after the Tour.

 

Passports and Visas Policy:

It is Your responsibility to ensure that Your Passport is current and for all international Tour Guests, has a minimum of six (6) months validity after the end date of any Tour and at least two blank pages for immigration and visa stamps. Visa requirements vary for different nationalities and depend on the countries visited during the Tour. You are advised to contact appropriate consulates to ascertain visa requirements. Passport and visa requirements are not our responsibility. MMFS is not liable for any loss or expense due to a Tour Guest’s failure to have a valid passport or visa. Ultimately, MMFS cannot be  held responsible for any delays, damages and/or losses, including missed portions of Tours, related to improper or insufficient travel documentation.

 

Travel Insurance Policy

It is a condition of joining an MMFS Tour that all guests take out comprehensive travel insurance to cover their Tour. Please email MMFS a copy of Your insurance prior to Your Tour departure. Please note that if You do not have Travel Insurance You will be refused travel with MMFS.

 

Consular Travel Advisories and Warnings:

It is Your responsibility to be informed about the most current travel advisories and warnings by referring to Your country’s Embassy Department travel website. In the event of a travel warning against travel to the specific destination location(s) of the trip, MMFS will consult embassies to confirm or cancel a Tour. If the Tour continues and You choose to travel, notwithstanding any travel advisory or warning, You assume all responsibility and risk of personal injury, death or property damage. MMFS is not liable for any result that may arise out of the events like those advised or warned against and You indemnify us against any claim.

 

Participation Medical Advisories & Conduct:

To enjoy the program as intended, You are required to have a minimum reasonable level of fitness as there is, occasionally, a considerable amount of walking. You should have the capacity to participate without any assistance (extenuating circumstances may be considered). If You have any medical, physical or other condition including disabilities that could create a risk to Yourself or to other members of the Tour, MMFS requires written notice prior to Your booking to enable us to assess if You will be able to participate in the Tour. MMFS reserves the right to decline or remove You from a Tour, at Your own expense, if Your conduct is deemed incompatible with the group or if Your health condition or mobility may risk other Tour Guests. If You do not have travel insurance You will not be accepted on any Tour. Additionally, should You require or request medical attention during Your travel, such attention will be provided by locally available health care officials and at locally available facilities. In such events, MMFS is not liable for any direct or indirect costs, losses and / or expenses incurred by You for health service costs incurred nor for the quality of medical care or medical services rendered. You are requested to familiarise Yourself with any health requirements specific to the countries being visited. It is highly recommended that You check with and get advice from a medical practitioner and / or a local health authority or consulate for the latest health requirements i.e. precautions, vaccinations, etc. applicable for travel to a destination.

 

Responsibility:

MMFS is acting only in the capacity of agent in all matters regarding all Tours. Whilst we take all reasonable care to select excellent quality service providers, these services are not provided by us but by hoteliers, transportation companies, travel agents and other service providers, which are not under our control. All coupons, vouchers, receipts and tickets issued by the hoteliers and transportation companies, travel agents and other service providers are issued subject to the terms and conditions of liability contained in those documents, which may limit or exclude liability for death, personal injury, delay, where the services are provided, MMFS assumes no liability for any acts or omissions of any supplier including, without limitation, those involving failure to deliver or partial or inadequate delivery of services, overbooking or downgrading of services, cancellation of Tours, schedule changes, re-routings, delay, theft, damage to or loss of baggage, property damage, accidents, death, sickness or injuries to persons regardless of cause, or other unforeseen events caused in connection with those service providers, their employees, agents, servants or representatives, whether or not any Tours sold, services tendered or transportation provided is arranged through MMFS, mitation to war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation of for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the services requested. There are certain inherent risks associated with travel and at times there may be inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. You assume all such risks with regard to these possibilities. MMFS is not liable for any negligent or wilful act of any such person or entity or of any third person.

 

Limitation of liability

Our total liability arising out of or in connection with any Tour, however they arise, will not exceed Your cost of the Tour.  You indemnify Us, our affiliates, employees, agents, contributors and licensors from any direct, indirect, incidental, special consequential or exemplary damages incurred by You, however caused including, but not limited to, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

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Waiver:

While on Tour there may be instances where You may wish to join the Tour Director or Tour guide for activities in free time outside the Tour program, which may involve catching taxis or using public transport to shopping/dinner locations or other destinations chosen at the time. MMFS and its Tour Directors and / or its guides will not be liable for any accident, injury, death, property damage or loss in relation to such activities outside of the Tour Program. By attending, You agree to take part of these activities at Your own risk.

 

Complaints:

If You have any complaint about Your Tour, Your Tour Director or any other matter either before, during or after You Tour, You must make it known at the earliest opportunity to the MMFS Director who will endeavor to resolve the issue at the time. If at the end of the Tour, You feel Your complaint has not been properly dealt with, You must notify MMFS in writing within thirty (30) days of the end of Your Tour.

 

Agreement:

Your payment of deposit and / or the issue of Tour confirmation documents shall be deemed Your consent to and acceptance of these Terms and Conditions as updated from time to time.

 

Confidential

All communications and any information MMFS provides You is confidential.

 

Governing Law

These Terms & Conditions are governed by and construed in accordance with the law from time to time in force in New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state. The Tours offered by MMFS is for residents of Australia. You agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

Independent Legal Advice

Both parties confirm and declare that the provisions of these Terms and Conditions are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

Waiver

The failure, delay or omission by MMFS to exercise any power or right conferred upon Us by the Terms will not operate as a waiver of that power or right, nor will any single exercise of any such power or right preclude any other or future exercise of the power, or the exercise of any other power of right under these Terms.

 

Severance

If any part of these Terms are found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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