This Agreement is made between Cloud Ten Executive Travel & Tours Sdn Bhd (Co. No. C200394-T) (hereinafter referred to as “Cloud 10”) which owns and operates the www.cloud10.com.my domain & website and You who uses/accesses/visits the Cloud 10’s website online or otherwise direct/indirect reservation bookings via telephone, over the counter, by facsimile or letter (hereinafter referred as Reservation Services) and You hereby agree and accept to be bound by the terms and conditions hereinafter appearing.
2. TRAVEL PRODUCT(S)
2.1. Products and Services rendered by Cloud 10 to make arrangements for and on your behalf in respect of booking(s) and/or reservation(s) of:-
– airline ticketing;
– inbound and outbound holiday packages;
– packages for delegates of trade fairs and exhibitions abroad;
– golf packages;
– student travel;
– sightseeing tours or private tours;
– transportation or private transfer;
– guide service;
– car rental service;
– travel insurance;
– tourist visa application (only when requested) are hereinafter collectively referred as the “Cloud 10 Travel Products”.
2.2. Removal of Cloud 10 Travel Products – Cloud 10 reserves the right at any time and from time to time to remove, modify or discontinue, temporarily or permanently the Cloud 10 Travel Products or any part thereof, with or without notice. You agree that Cloud 10 shall not be liable to you or to any third party in any way for any modification, suspension or discontinuance of the Cloud 10 Travel Products.
3. TERMS AND CONDITIONS OF PURCHASE
3.1. Your booking/reservation request(s) and purchase of all Cloud 10 Travel Products are SUBJECT to the additional terms and conditions imposed by Cloud 10’s third party provider(s), fulfillment provider(s), airlines, hotels, car rentals companies, tour operators, other travel products and independent supplier(s) from time to time (hereinafter referred to as the “Suppliers’ Terms”). By effecting/making a booking/reservation request(s) of the Cloud 10 Travel Products, you expressly agree to be bound by the terms and conditions herein as well as the Suppliers’ Terms with the respective Suppliers.
4. BOOKING/RESERVATION REQUESTS
4.1. In order for Cloud 10 to process your booking/reservation request, you are required to provide details of your name list of all traveler(s) (name(s) according to passport(s)) and furnish Cloud 10 with additional information or request (if any). You are required to give details of your credit card (unless payment is made in cash or by way of cheque or bank draft) at the time of your booking/reservation request. Submission of your booking/reservation request shall be deemed to be an irrevocable authorization by you for Cloud 10 to book the Cloud 10 Travel Products immediately on your behalf and charge your credit card for full payment as hereinafter mentioned in Clause 4.2 upon receipt of the Suppliers’ confirmation of the availability of your requested Cloud 10 Travel Products.
4.2. Notwithstanding Clause 4.1 above, Cloud 10 will have absolute discretion not to automatically charge your credit card and make a booking/reservation request on your behalf in the event there is a difference in the rates quoted or your request was made after the expiry date of any offer/promotion of Cloud 10 Travel Products (hereinafter referred to “differential sum”) and shall not be held liable for such withholding of the booking/reservation request until confirmation is received from you that you are agreeable to the payment of the differential sum.
4.3. When making an online reservation via the Reservation Service, you shall receive an email confirmation from Cloud 10 upon Cloud 10’s receipt of your payment in FULL for the relevant Cloud 10 Travel Product requested; and
4.3.1. If for any reason whatsoever, you do not receive an email confirmation from Cloud 10 after making payment in FULL, you are solely responsible to check the status of your reservation request at Cloud 10 online or contact Cloud 10 consultant immediately during office hours. Your failure in verifying confirmation from Cloud 10 online or directly in respect of non-receipt of an email confirmation by the Reservation Service shall not invalidate your reservation nor render the same void.
4.4. Notwithstanding the said Clauses 4.1 and 4.3, Cloud 10 and/or its Supplier(s) shall have absolute discretion to refuse and/or decline to accept any booking/reservation request SUBJECT to the following:-
4.4.1. That you are responsible for your travel plan and any booking/reservation request made based on your planning, the Reservation Service will not be held liable nor entertain any refund whatsoever in the event that you have made such booking/reservation request on the Cloud 10 Travel Products that is not suitable and would want to make any change(s); and/or
4.4.2. If you have any special requests as to the above Clause 4.4.1, such request will be forwarded or passed on to the respective Suppliers however, Cloud 10 will not guarantee such request for change; and
4.5. All booking/reservation request once made and confirmed are non-exchangeable and non-transferable and payments made are non-refundable.
5. PAYMENT & CANCELLATION TERMS
5.1. Deposit/Full Payment: You are required to pay a Deposit (if any) upon confirmation of any booking/reservation for Cloud 10 Travel Products. Full Payment/Balance Payment (less Deposit) is required within the stipulated deadline set by Cloud 10 and/or Suppliers.
5.2. Payment can be made via local Cheque, Bank Draft or Telegraphic Transfer, payable to:-
|Account Name :||Cloud Ten Executive Travel & Tours Sdn Bhd|
|Name of Bank:||Malayan Banking Berhad.|
|Malaysian Ringgit Account:||5143 2913 0842|
|US Dollar Account:||7143 2909 0063|
|BANK SWIFT CODE||MBBEMYKL|
|Address:||Unit 28-09, Level 28, Q Sentral,|
No. 2A, Jalan Stesen Sentral 2,
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia
5.3. Card payment mode is available via secured payment link (3-D secure credit / debit card payments by Visa / MasterCard).
If you would like to save your card data (without CVV) with us for future payment processing, please select the “Save Card Information” option from the AsiaPay’s MemberPay site which we will send to you. This serves as a confirmation and consent to process your card data.
NOTE: Credit Card will not be accepted based on the (nett) prices quoted; and all payments in foreign currencies to include all bank charges/commission and exchange rates to be borne by you.
5.4. Cancellation: Upon your settlement of Deposit and/or Full Payment for Cloud 10 Travel Products, and in the event of your request for cancellation, Cloud 10 may at their absolute discretion PROVIDED THAT Cloud 10 have received a written notice from you within 3 working days from date of confirmation of booking/reservation request made to consider your request for cancellation SUBJECT to the following cancellation charges:-
Applicable to Tour Package(s) Only
Forfeiture of Payment(s)
|A.||After confirmation:||10% of total price|
|B.||31 – 60 days to departure:||30% of total price|
|C.||15 – 30 days to departure:||50% of total price|
|D.||07 – 14 days to departure||75% of total price|
|E.||Less than 07 days to departure||FULL PAYMENT|
5.4. Notwithstanding the above stated Clause 5.3, all cancellations are subject to the cancellation policies and regulations stipulated by the specific terms of the Suppliers. You are liable for any additional charges or expenses imposed by the Suppliers in respect of such changes or cancellation. Refunds (if any), shall be made by the Suppliers directly to you based on their own applicable refund policies.
6. DISCLAIMER OF LIABILITY
6.1. Cloud 10 and/or its associates agents act merely as agents to other principals who supply services for the tour. As such Cloud 10 and/or its associated agents shall not be held liable for any delay, change, omission or cancellation of services or any loss, damage or injury suffered by your traveling as tour member or as traveler/consumer/client of Cloud 10 Travel Products as a result of negligence or deliberate acts of any person, employee, agent, servant or representative outside of its direct employment or any unforeseen circumstances or occurrences beyond Cloud 10’s control.
By purchasing and accepting Cloud 10’s services, Cloud 10 and/or its Suppliers and/or its associated agents further reserve their right to demand, postpone, or cancel any or all parts of a program/tour arrangement under unfavorable conditions. Should a tour or an arrangement be cancelled, equitable refund shall be made to each customer/traveler but the refund sum shall not exceed the original amount paid for the event/package.
7.1. Cloud 10 gives no express or implied warranty in respect of any travel services including that of Cloud 10 Travel Products in respect of :-
7.1.1. Any loss (whether direct, indirect, incidental, special, punitive or consequential) or damages arising from the use of such Cloud 10 Travel Products provided; and/or
7.1.2. Any claims against any non-fulfillment or unsatisfactory fulfillment of services and products provided by third parties’ providers, including and not limited to airlines, hotels, tour operators, car rental companies, independent suppliers (“Suppliers”) whatsoever; and that you have agreed to the above terms of purchase and Cloud 10 shall not be held liable for the aforestated Clause 7.1.1 and 7.1.2
8. FORCE MAJEURE
8.1. Cloud 10 will not be held liable for any damages or loss arising from any events which are beyond the reasonable control of Cloud 10 or any of its Supplier(s). Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government actions, compliance with any laws, regulations or orders of the country(ies), widespread of viruses worldwide, frequent flight delays, rerouting, retiming, misconnection, overbooking, mishandled baggages, default of any Supplier(s), civil war, industrial disputes, power failure, hardware and/or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.
9.1. Cloud 10 reserves the right to change the terms and conditions and policies in respect of the Cloud 10 Travel Products and services offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified or varied terms posted from time to time. Your continued use of Cloud 10 sites shall constitute your acceptance of the terms and conditions, as modified including and not limited to that of the Suppliers’ Terms.
9.2. Cloud 10 may at any time modify these terms and conditions without notice to you and your usage of the Cloud 10 sites shall be conditional upon the terms and conditions in force at the time of your use.
10. TRAVEL DOCUMENTS/VISAS
10.1. It is your own responsibility to ensure the following possession of valid travel documentation required to perform the trip:-
10.1.1. An international passport or other recognized travel documents which should be valid for at least six (6)months from the date of return to the country of origin; and/or
10.1.2. The necessary visa and vaccination and health certificate as required by the various authorities of the countries to be visited.
10.2. Cloud 10 will brief or inform:
10.2.1. tour members on what documentation is required;
10.2.2. wherever possible, assist you/tour members in obtaining the necessary visa.
However, Cloud 10 cannot guarantee the approval of any visa application.
10.3. Service charges and visa fees levied shall be borne entirely by the tour members.
10.4. If for any reason, the application for visa or necessary exit permit is rejected, a refund of tour fare will be made less administrative fees.
10.5. Cloud 10 shall not be held responsible or liable for any expenses, reimbursement or refund of tour prices if any tour member is refused entry or deported by immigration authorities resulting from the possession of unlawful items or holding improper travel documents or any other causes, or whose behavior and activities are considered to be detrimental by a foreign government/authority/country.
10.6. Notwithstanding Clause 10.2.2, Cloud 10 is in no position in the advice of visa assessment and decision making process nor have any right to approve or reject visa application nor decide the type of visa and validity period to be issued. The duration of stay and number of entry is based on the relevant laws and regulations of the country the visa is being applied for.
11. TRAVEL INSURANCE
11.1. Cloud 10 strongly recommends you to purchase travel insurance prior to your travel/trip in order to safeguard yourselves against sickness, loss of money, flight cancellations, delays, lost of baggages, hospitalization, medical expenses and/or any unforeseen events and circumstances. You are advised to contact Cloud 10 for more information on the options of travel insurance coverage.
12. RELEVANT FEES, MISC. CHARGES, LEVIES, EXCHANGE RATES, TARIFFS
12.1.Incidental Charges – Items in the Tours are NOT included in the above-mentioned Cloud 10 Travel Products are excess baggage charges, telephone calls, beverages, wine, laundry, tips and gratuities to porters, guides and drivers and all items of a purely personal nature unless specified otherwise.
12.2.Taxes/Levies/Duties/Tariffs – You will be fully responsible for any and all taxes, levies, tariffs charges, fuel surcharges, airport duties, cancellation charges in change of dates of travel and return and name change, request for upgrade of seats, food/drinks on board (if not provided), travel insurance, health certificates, valid international driving license and any special request made for child or elderly/handicapped travelers.
12.3.Exchange Rates – You are required to pay the difference (if any) the fluctuating exchange rates of the respective countries.
13.1 If any provision of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of this Agreement. The illegal or invalid provision shall be severed from this Agreement and all other provisions of this Agreement shall remain enforceable.
14. ENTIRE AGREEMENT
14.1.This Agreement constitutes the entire agreement between you and Cloud 10 (including that of the Supplier(s)) and all previous agreements, representations, warranties expressed or implied oral or in writing or by conduct between the parties hereto are hereby superseded and are of no further effect.
14.2. It is further declared and agreed that this Agreement constitutes the whole agreement between the parties hereto in respect of the matters dealt with herein and may not be amended or modified except by Cloud 10.
15. GOVERNING LAW/CONFLICT OF LAW
15.1. This Agreement and the relationship between Cloud 10 and you shall be governed by and construed in accordance with the laws of Malaysia and in the event of any of its conflict of laws/provisions/regulations, you have irrevocably consented and hereby submit to the personal and exclusive jurisdiction of the courts of Malaysia and further agree that service of any legal process may be effected in the manner set out in Clause 14.2 as hereinafter mentioned.
15.2. Service of Notice – Any notice in writing required to be issued here under shall be deemed to have been sufficiently served on you if it is left at the usual or last known place of residence/place of business or at the address above-stated or sent by ordinary mail and/or registered post and/or Courier. The service shall be deemed to be made at the time when the letter would in the ordinary course of post be delivered.
16.1 Your acceptance of the entire terms and conditions of Cloud 10 as set out in this Agreement are fundamental basis of the bargain between you and Cloud 10, and you agree that Cloud 10 would not otherwise be able to offer the Cloud 10 Travel Products and services on its present basis without your acceptance of such terms and conditions. This Clause shall survive any termination of this Agreement.