Terms & Conditions

The following Terms and Conditions, together with our Privacy Statement and any other written information we brought to your attention before we confirmed your reservation form the basis of your contract with Blue Kinabalu Travel Agency Sdn Bhd. Please read these Terms & Conditions carefully, as they set out your respective rights and obligations.

The agreement of Itinerary and corresponding Quotation shall be deemed to constitute the acceptance of the Terms and Conditions, Privacy Statement and Payment Methods by the Client and shall be an undertaking that he / she is at least eighteen years of age and he / she has the authority to act for and on behalf of the persons named as tour participants. For purposes of these Terms and Conditions, "Client" hereby refers to the principal contact and 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 final agreed itinerary.

All our tours are subject to availability and we reserve the right to return your payment and decline to issue a reservation confirmation at our absolute discretion. A binding contract will come into existence between you and us when we have issued you with a tour confirmation that will confirm the details of your tour and this will be forwarded to you electronically in writing via email or WhatsApp.

1) PROVISION OF INFORMATION

It is the sole responsibility of the Client to provide accurate and comprehensive information to Blue Kinabalu Travel Agency Sdn Bhd. This is very important as for example, Blue Kinabalu may purchase non-refundable, non-endorsable airline tickets based on information received. In such cases Blue Kinabalu shall not be liable for any additional costs or losses incurred as a result of incorrect / incomplete information provided by Client.

2) METHOD OF PAYMENT

The tour prices are quoted in Ringgit Malaysia (MYR).

Payment is via bank-in / telegraphic transfer to Blue Kinabalu Travel Agency Sdn Bhd CIM Malaysian bank account (CIMB Bank) in Ringgit Malaysia (MYR) via prior agreement.

3) RESERVATIONS & PAYMENT TERMS

50% payment must be made at the time of reservation with the remaining 50% to be paid one month before tour.

4) CUTTING YOUR HOLIDAY SHORT

If you are forced to return home early, we cannot refund the cost of any travel arrangements that you have not used.

5) AMENDMENT TO TOUR (NOT DEPARTURE DATE)

Any changes to a confirmed tour, e.g. passenger name but not departure dates (refer below) must be requested in writing by the Client who made the original reservation and must be accompanied by an administration fee of RM150 per reservation in addition to any further costs that Blue Kinabalu Travel Agency Sdn Bhd may incur and/or incurred or imposed by any of our suppliers. Whilst every reasonable effort will be made to accommodate changes and additional requests, we cannot guarantee that we will be able to meet your requested change. Where we are unable to assist you and you do not wish to proceed with the original reservation we will treat this as a cancellation by you.

Important Note: Certain arrangements, for example airline reservations, may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

6) AMENDMENT TO TOUR (CHANGE TO TOUR DATE)

A change of tour date must be requested in writing by the Client who made the original reservation and must be accompanied by an administration fee of RM500, unless the request is within 60 days of departure in which case this will be treated as a cancellation of your reservation and the cancellation fees will be applied as detailed in clause 7 (below). Where a change of departure date is requested more than 60 days before departure and can be met by us, our charges are in addition to any further charges made by our appointed agent/suppliers, whereby you would incur charges levied by this third party. Important Note: Certain arrangements, for example airline reservations, may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

7) CANCELLATION POLICY

In the event of cancellation of tour, written notification must be provided by the Client who made the original reservation. The following cancellation charges must be borne by the Client and the travelling companions as follows:-

Number of days between tour commencement and receipt of cancellation notice:

• 30 to 60 days (50% of tour cost)

• 15 to 29 days (70% of tour cost)

• 08 to 14 days (80% of tour cost)

• 04 to 07 days (90% of tour cost)

• Less than 04 days or No Show (100% of tour cost)

For tour products or individual components supplied by third parties, e.g. Air Tickets, Hotel/Lodge Reservations, etc, cancellation fees under the terms and conditions of the respective third parties shall apply plus a minimum handling charge of RM50 per service per person.

8) REFUNDS

There would be no refunds for cancellation after the tour has commenced or for any unused tour services including but not limited to transfer, meals & accommodation, sightseeing or any other services not utilised.

9) SPECIAL REQUESTS

Blue Kinabalu Travel Agency Sdn Bhd will endeavour to meet your special requests regarding meals, dietary requirements, private, air-conditioned or adjoining rooms, coach seating arrangements and related requirements. Please include any information as part of the reservation process. However, such requests are strictly subject to confirmation and availability.

10) YOUR TOUR (WHAT’S EXCLUDED)

Items not included in the price are generally described in the itinerary and exclude without limitation: airfares and airport taxes of any nature, both domestic and international unless explicitly included as part of the package; excess baggage charges as imposed by airlines; forwarding of baggage and purchases; passport and visa cost; camera charges; emergency evacuation charges, medical charges including inoculations; room service and other hotel activities; 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 any personal insurance including travel insurance; souvenirs and gratuities to or tips for tour guides, tour leaders, drivers, hotel porters, etc.

11) TOURS

Unless otherwise specified, tours are operated on a SIC (Seat in Coach) basis that means you / your party are likely to be accompanied by other guests on the tour. Tours are conducted in English although other foreign language speaking guides are available on request (e.g. Mandarin, Japanese). Tours are provided in tourist coach, minibus or van depending on group size and Blue Kinabalu Travel Agency Sdn Bhd shall not be responsible or liable for articles left behind or lost in the vehicles. Pickup times are approximate and may be subject to traffic conditions. Should transport be delayed, please call Blue Kinabalu’s 24/7 Operations Helpline +60 (0)13 979 6782 before making alternative arrangements. Blue Kinabalu Travel Agency Sdn Bhd reserves the right to alter routes, timetables, itineraries and accommodation reserved at short or no notice should conditions beyond our control render it necessary.

12) TRAVEL DOCUMENTS INCLUDING PASSPORT & VISA

Irrespective of nationality, all passports and visas must be valid for a minimum of six (6) months from the date of entry into Malaysia. It is Client's sole responsibility to ensure they possess proper travel documents with appropriate visa(s), if required. Blue Kinabalu Travel Agency Sdn Bhd 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.

If you have any questions regarding Sabah Immigration, please contact Sabah Immigration +60 88 413 657. All guests must take their own responsibility for their own necessary documentation before entering Malaysia / Sabah. If guests are denied entry, tour fare is not refunded.

Further details of passport and visa requirements are available from Immigration Department of Malaysia http://www.imi.gov.my

13) HEALTH & INSURANCE COVER

You MUST take out adequate and suitable travel insurance in order to undertake a tour organised by Blue Kinabalu Travel Agency Sdn Bhd and this is a condition of your contract with Blue Kinabalu Travel Agency Sdn Bhd. Clients are wholly responsible for arranging their own insurance and we reserve the right to request a copy of the insurance policy(s) and/or a receipt(s) showing payment of the premium. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions and you should ensure that there are no exclusion clauses limiting protection for the type of activities undertaken during the tour. In addition, your insurance policy should also cover Loss of baggage, Delays, Unexpected alterations to travel arrangements, Cancellation, Act of God, Emergency Medical Evacuation, Infectious diseases, Epidemics, Terrorism etc. We reserve the right to cancel the reservation, without any liability for refunds, of any customer who cannot satisfy us that they have purchased suitable travel insurance in accordance with this clause. Furthermore, if you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

Clients must generally be fit to travel and in good health in order to enjoy the tour. It is recommended that all climbers should have themselves medically checked before attempting any mountain climb. It is vital that visitors with pre-existing medical problems or conditions make these known to Blue Kinabalu Travel Agency Sdn Bhd at the time of reservation. It is also important that visitors consult their doctors for vaccination and other medical requirements before the trip.

14) UNDERSTANDING & ACKNOWLEDGEMENT OF RISK

As for adventure tours which include Mount Kinabalu climbing, caving, white water rafting, cycling, ATV riding, river cruising, diving etc., these activities are often located in areas that are less accessible and the events that may occur and their likelihood in such places are less predictable. We want our clients to be aware prior to making a reservation that will inevitably be elements of uncertainty as we are visiting places where the political, cultural and local geography present certain risks and dangers different to, and at times greater than those present in our daily lives. For instance, river cruises are conducted in a natural environment where there are crocodiles and Blue Kinabalu Travel Agency Sdn Bhd wants to ensure that Clients are aware and accepting of these types of risks, and that their family and friends are also aware and accepting of such risks.

Blue Kinabalu Travel Agency Sdn Bhd put every effort to ensure comfortable travelling of the Client, but the Company seeks mutual understanding that certain destinations will not have the same facilities, in terms of emergency response and access to healthcare that are of the same quality level as what the Client may be accustomed to in their home country. Road travel may be uncomfortable or even unreliable at times. We want our Clients to understand and appreciate that it’s possible that they may encounter power failure, insufficient water and limited food selection in rural and remote areas. It is a fundamental condition that the Client acknowledges that all adventure tours require some flexibility and the most carefully planned itinerary and be subject to change or cancellation at no notice. The day to day itinerary is an indication of what the group should seek to accomplish, but not a contractual obligation. We wish our Clients to understand that the route, itineraries, timings, en route availability and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include reasons included but not limited to sickness, breakdown, flight or rail cancellations, industrial action, events resulting from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances. Blue Kinabalu Travel Agency Sdn Bhd will make required changes, always with the overriding consideration of the safety and best interests of the Client. Changes 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.

15) LIMITATION OF LIABILITY

Blue Kinabalu Travel Agency Sdn Bhd 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 organised by Blue Kinabalu Travel Agency Sdn Bhd shall be regarded as carrying his/her own risk with respect to loss or injury to person or property and hence adequate and appropriate insurance is a contractual requirement.

16) FORCE MAJEURE

'Force majeure' is any event that is beyond the reasonable control of the Company or which are unavoidable on the Company's part including but not limited to threat of war, war, riot, civil unrest, hostilities, industrial dispute, natural disasters, fire, acts of God, terrorist activity, nuclear disaster, adverse weather, government action or technical problems with transportation. Blue Kinabalu Travel Agency Sdn Bhd shall not be liable where the contract is affected by 'force majeure'.

17) CHANGES TO TOUR

Blue Kinabalu Travel Agency Sdn Bhd 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 instances including, but not limited to currency devaluation, increase in transport costs, hotel rates, government tax and new government regulations

18) GENERAL LEGAL PROVISIONS

Your contract is governed exclusively by Malaysian Law and is subject to the exclusive jurisdiction of the country of Malaysia.