TERMS & CONDITIONS
By booking or participate in a tour or services with CPH Travel Agencies (Sarawak) Sdn Bhd, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.
If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms and Conditions on behalf of the other participants in your party.
1. BOOKING CONTRACT
Your booking is confirmed and a contract exists when CPH Travel Agencies (Sarawak) Sdn Bhd issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to CPH Travel Agencies (Sarawak) Sdn Bhd immediately.
2. BOOKING ON BEHALF OF OTHERS
If you make a booking on behalf of other participants, you are the designated contact person for every participant included in that booking. This means that you are responsible for making all payments due in connection with your tour booking, notifying CPH Travel Agencies (Sarawak) Sdn Bhd or your authorized agent for any changes or cancellations.
You are responsible to obtain all required consents and for verifying that any information you provide on behalf of another participant is complete and accurate to CPH Travel Agencies (Sarawak) Sdn Bhd.
3. HEALTH AND MEDICAL INFORMATION
By booking tour with CPH Travel Agencies (Sarawak) Sdn Bhd, you agree to provide and to disclose all relevant medical information accurately. CPH Travel Agencies (Sarawak) Sdn Bhd reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a tour.
Pregnancy is considered a medical condition and must be disclosed to the CPH Travel Agencies (Sarawak) Sdn Bhd or your authorized agent at the time of booking.
Please consult your physician and seek advice to confirm your fitness for travel and participation in the tour. You are responsible to assess the risks and requirements of each aspect of the tour based on your own unique circumstances, limitations, fitness level, and medical requirements.
Please be noted that you may travel to a remote area, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country.
We reserve the right to deny you permission to travel or participate in any aspect of a tour at any time and at your own risk and expense where we determine that your physical or mental condition is unfit for travel or you represent a danger to yourself or others.
4. AGE REQUIREMENT
The age limit allowed to participate in any tour(s) or services provided by CPH Travel Agencies (Sarawak) Sdn Bhd is 1 to 75 years old. Participant under the age of 18 is considered to be a minor. Children age is from 2 to 12 years old and the infant is below 2 years only. Minors, children, and infants must always be accompanied by an adult.
The accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s), children and infant(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. CPH Travel Agencies (Sarawak) Sdn Bhd will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor(s), children and infant(s) is responsible for the behaviour, wellbeing, supervision, and monitoring of such minor(s), children and infant(s) and accepts these Terms and Conditions for and on behalf of any minor(s), children and infant(s) on their booking, including all assumptions of risk and limitations of liability.
5. SPECIAL REQUIREMENT
Any special requirements must be disclosed to CPH Travel Agencies (Sarawak) Sdn Bhd and your authorized agent at the time of booking. We will use reasonable efforts to accommodate your special requirements or request but this is not always possible given depends on the availability of options.
All food allergies and dietary restrictions must be disclosed to the CPH Travel Agencies (Sarawak) Sdn Bhd and your authorized agent at the time of booking but we cannot guarantee that dietary needs or restrictions can be accommodated.
Please be noted that certain requirements and requests may incur additional charges.
Any special requests or requirements do not form part of these terms and condition CPH Travel Agencies (Sarawak) is not liable for any failure to accommodate or fulfill such requests.
6. PRICE, SURCHARGES, AND TAX
Minor (s) will be charged as per adult rates. Children aged 2 to 12 years old is discounted 50% of the adult rates. Meanwhile, infant aged below 2 years old is FOC. For overnight tours, children aged 2 to 12 years old is charged at 65% of adult rate.
The price of the tour(s) and any products or services offered by CPH Travel Agencies (Sarawak) Sdn Bhd is subject to change at any time. We reserve the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, taxes, airport charges, local operator costs, currency and exchange rate fluctuation, or government action which impacts the price of the applicable tour or services.
If the price changes after you received the confirmation and full payment have been paid, you may choose to either:
(a) cancel the booking without any charges, or
(b) accept the change of price
You must notify CPH Travel Agencies (Sarawak) Sdn Bhd of your choice prior to the tour or at least 7 days after receives notification of the price change. If no notification receives by you, you will be deemed to have accepted the price change and will be liable for payment of the increase.
CPH Travel Agencies (Sarawak) Sdn Bhd may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings, where payment of at least a deposit has been received by us, are not entitled to reduce pricing.
The tourism tax has been enforced on September 1st and applicable to foreign tourists. The foreign tourist will be charged a flat rate of RM10.00 per room per night for all types of hotels and accommodation. Hotels will collect the tourism at the time of check-out. Therefore please pay the tourism tax directly to the hotel upon check-out as it is not included in our prices.
7. DEPOSIT AND FINAL PAYMENT
A deposit of 50% is required upon confirmation of services. Balance or full payment must be made within 14 days before service. Please note that bookings are not confirmed nor secured until CPH Travel Agencies (Sarawak) Sdn Bhd receives the deposit and send a written confirmation to you.
If a booking is made within 14 days or less prior to arrival, full payment will be required at the time of booking.
A failure to comply with this requirement may result in the cancellation of reservation and forfeiture of deposit.
CPH Travel Agencies (Sarawak) Sdn Bhd is not responsible for cancelled land and/or air reservations in the event full payment is not received by the final payment date.
8. AMENDMENT / CANCELLATIONS OF TOURS BY YOU
All amendments and cancellations must be notified to, received and acknowledged in writing by CPH Travel Agencies (Sarawak) Sdn Bhd.
CPH Travel Agencies (Sarawak) Sdn Bhd reserves the right to impose a RM50.00 administrative fee for any amendment made by clients to a confirmed tour programme or related reservations.
Any cancellation charges imposed by third-party suppliers such as hotels, restaurants or any other companies related to the services required, will be billed to you through CPH Travel Agencies (Sarawak) Sdn Bhd.
If we receive booking cancellation prior to the booking, the cancellation fee, if any will be determined with reference to the date on which notice of cancellation received by CPH Travel Agencies (Sarawak) Sdn Bhd is based on the percentage of the total price for the cancelled tour(s), products or services. The cancellation charges are as follows:-
• 25% cancellation fee for notification of cancellations made 31-60 days before service
• 50% cancellation fee for notification of cancellations made 15-30 days before service
• 100% cancellation fee for notification of cancellations made 14 days or less before service
9. AMENDMENT AND CANCELLATION OF TOURS BY CPH TRAVEL AGENCIES (SARAWAK) SDN BHD
CPH Travel Agencies (Sarawak) Sdn Bhd reserves the right to modify your itinerary where reasonably required or in the case of Force Majeure.
Our brochures and other printed materials displaying our tour information are subject to change without prior notice. Please check our website or contact our office for up to date tour and itinerary.
CPH Travel Agencies (Sarawak) Sdn Bhd guarantees that all scheduled tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes or health and safety concerns. However, this guarantee is not applicable in the case of Force Majeure.
If a tour is cancelled by the CPH Travel Agencies (Sarawak) Sdn Bhd before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice to accept either:
1. a substitute tour of the equivalent or superior value; or
2. a substitute tour of lesser value if no tour of equivalent or superior value is reasonably available and to recover the difference in price from CPH Travel Agencies (Sarawak) Sdn Bhd between the price of the original tour purchased and the substitute tour; or
3. a full refund for the cancelled tour
Santubong Wildlife Cruise Refund Policy
Although we do not normally cancel the tour and as much as we would like our guests to enjoy the cruise to the fullest, Borneo is an island with unexpected isolated rains which is beyond our control. In the event of such a situation, please refer to the refund policy as below.
1. Cancellation of a tour:
• 12% chargeable for cancellation of tour upon arriving at the Boat Club before cruise departure.
• 50% chargeable for cancellation of a tour after less than 1 hour into cruising.
• Non-refundable for cancellation of a tour after more than 1 hour into cruising.
2. Postponement of a tour:
• No extra charge for postponement of tour to the next day for cancellation of a tour (due to bad weather) after less than 1 hour into cruising.
• Cruise is forfeited and non-refundable for postponement of a tour more than once.
Note: Our tour guide or boatman reserves the right to cancel or suggest the postponement of a tour to the next day due to bad weather condition.
In the event that CPH Travel Agencies (Sarawak) has to make a refund to you, please allow us to process and make a refund to you as follows:-
1. Payment made via cash or online transfers – at least 3 to 7 working days from the cancellation date
2. Payment made via credit card – 14 to 28 working days from the cancellation date
10. UNUSED OR MISSED SERVICES
No reimbursements, discounts or refunds will be issued for services that are missed or unused after tour departure due to no fault of CPH Travel Agencies (Sarawak) Sdn Bhd, including your removal from a tour because of your negligence or breach of the Terms and Conditions.
11. TRAVEL INSURANCE
All tour participants are encouraged to purchase comprehensive travel insurance for the full duration of your tour to cover against personal accident, loss of baggage, flight delays and/or cancellation, unexpected alterations to travel arrangements, act of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft and etc.
12. ACCEPTANCE OF RISK
You acknowledge that the tour, products and services offered by CPH Travel Agencies (Sarawak) Sdn Bhd may involve a significant amount of risk to your health and safety. You acknowledge that the degree and nature of personal risk involved depends on the tour or services booked and the location(s) in which a tour or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, or other high-risk activities.
Standards of hygiene, accommodation, and transport in where tours take place are often lower than the standards you may reasonably expect in your home country or region. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all Malaysian’s applicable laws and regulations. Should you fail to comply with the above or commit any illegal act when on tour or, if in the opinion of our company, your behaviour is causing or is likely to cause danger, distress or material annoyance to others, CPH Travel Agencies (Sarawak) Sdn Bhd may terminate your travel arrangements on any tour or service immediately at your expense and without any liability to us. You will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs including repair, replacement and cleaning fees incurred by the CPH Travel Agencies (Sarawak) Sdn Bhd or our third party suppliers for property damage, destruction or theft caused by you while on a tour. You agree to immediately report any pre-existing damage to our Tour Guide who travels with you and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all measures in relation to your own safety while on tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, floatation devices, and helmets) and obey all posted signs and oral / written warnings regarding health and safety. Neither the CPH Travel Agencies (Sarawak) Sdn Bhd nor its Third Party Suppliers are liable for losses or damages caused by your failure to comply with safety instructions or warnings.
CPH Travel Agencies (Sarawak) Sdn Bhd will only pay for the loss which the company is legally liable to pay as compensation for claim made against the company as a result of an accident and happening or caused in connection with the company’s business as described in our Tour Liability Policy and subject to the terms, exceptions, limits, and conditions contained herein or endorsed.
CPH Travel Agencies (Sarawak) Sdn Bhd shall not be liable to pay for:-
1. a) Compensation for damages in respect of judgement not delivered or obtained from a court of competent jurisdiction within Malaysia.
2. b) Cost and expenses of litigation recovered by any claimant which are not incurred in and recovered in Malaysia.
14. FORCE MAJEURE
CPH Travel Agencies (Sarawak) Sdn Bhd will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to a person or property, or financial costs both direct and indirect incurred, or for the failure to commence, perform or complete any duty owed to you if there is death, delay, bodily injury including emotional distress or injury, illness, damage or other losses or detriment to a person or property caused by the Act of God, war, mechanical breakdowns, terrorism threat, civil commotions, interference by authorities, political disturbance, riot, insurrection and government restraint, fire, extreme weather or any other causes beyond our control.
You agree to bring any complaint to CPH Travel Agencies (Sarawak) Sdn Bhd as soon as possible in order to provide the company with the opportunity to properly address such complaint. You agree to inform your tour guide (as a representative of the company onsite) or the company’s operation’s department directly.
CPH Travel Agencies (Sarawak) Sdn Bhd assumes no liability for complaints that are not properly brought to the attention of the company and cannot resolve or attempt to resolve complaints until proper notice is provided.
Any complaint made after the completion of a tour must be received in writing by the company within 30 days of the end of the tour. Please email to us at [email protected] and include the details of the tour(s) or services.
16. IMAGES AND MARKETING
You agree that, while participating in any tour with CPH Travel Agencies (Sarawak) Sdn Bhd, images, photos or videos that are taken by other participants, CPH Travel Agencies (Sarawak) Sdn Bhd or its representatives may contain or feature you. You grant a perpetual, royalty-free, worldwide, irrevocable license to CPH Travel Agencies (Sarawak) Sdn Bhd, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever including marketing, promotions and the creation of promotional materials, in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
18. APPLICABLE LAW
These Terms and Conditions are subject to the laws of Malaysia. Any dispute under these Terms and Conditions concerning the tours, products or services need to be submitted to the jurisdiction of the courts within Malaysia.
CPH Travel Agencies (Sarawak) Sdn Bhd reserves the right to update or alter these Terms and Conditions at any time and will post the amendment on the website. An updated copy of these Terms and Conditions, as amended, can be accessed at any time on the website. You are deemed to have accepted any amendments to these Terms and Conditions on the date we posted it on the website. We strongly recommend that you refer to the Terms and Conditions on our website prior to the travel to get the most up-to-date version available.