Terms and Conditions
Your Tour Contract

All bookings are made with Borneo Wildlife Cruise Sdn. Bhd. ‘We’, ‘Our’, ‘Us’ and ‘Borneo Wildlife Cruise’ means Borneo Wildlife Cruise.

Our Company Number is 1491109-D and our Malaysian Tour Operator Licence Number is MOTAC L/N/11157. Registered address is Lot 23-1, First Floor, Block D, Seri Putatan Commercial Centre, Jalan Pasir Putih, Putatan, 88200, Kota Kinabalu, Sabah, Malaysia.

By booking a tour with us you are deemed to have agreed to these terms and conditions and your booking with us is accepted on this basis. The tour (s) to be provided are those outlined in the order confirmation details.

The person who instructs us to make a booking, or completes a booking online or on the telephone is the ‘Lead Name’. The Lead Name guarantees that he or she has the full authority to accept and does accept on behalf of other persons in his or her travelling party Borneo Wildlife Cruise’s terms and conditions.

Our terms and conditions apply to all members of your party named in the booking. The Lead Name is responsible for ensuring these terms and conditions are conveyed to the persons named in the booking and that they are familiar with them.

Borneo Wildlife Cruise is entitled to assume that all members of your party have read these terms and conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.

Applicable Law & Jurisdiction

The laws of Malaysia govern these terms and conditions. Any claims, disputes and other matters in connection with your tour or these terms and conditions must be initiated in the courts of Malaysia.

Cancellation of Tours By You

You may cancel your tour any time by giving us written notice. As we incur costs when cancelling a tour, you will be required to pay the applicable cancellation fees.

A 100% cancellation charge will be levied for notification of cancellations made 30 days before arrival.

Cancellation of Tours by Borneo Wildlife Cruise

Borneo Wildlife Cruise reserves the right to cancel all or parts of the tour due to factors outside of our control. We will not normally do so unless forced to do so by unforeseen circumstances such adverse weather conditions, poor or unsafe road conditions, river accessibility or ‘force majeure’. If a tour is cancelled due to factors outside our control you can reschedule the tour to a later date.

Borneo Wildlife Cruise reserves the right to terminate a client’s tour if the client’s behaviour is deemed unreasonable or jeopardizes the safety of other travellers. No refund will be given if a tour is terminated due to unacceptable or dangerous behaviour.

Refund Payments

Refunds are usually credited back to you via the same method of payment (e.g. credit card, PayPal, etc.). Please note it takes 30 working days to process a refund.

Tour Amendments by Borneo Wildlife Cruise

It is unlikely that we will have to make changes to our published itineraries. Occasionally revisions to a tour may occur without prior notice for reasons over which we have no control.  For example, it may be necessary to change a tour due to adverse weather conditions, poor or unsafe conditions, river accessibility or local circumstances and events.

Borneo Wildlife Cruise reserves the right to alter itineraries without prior notice at any time, both before and during the tour.

Travel Insurance

Borneo Wildlife Cruise recommends that you and all members of your travel party obtain comprehensive travel insurance for the full duration of your tour. It is your responsibility to ensure that the travel insurance policy you buy is suitable and fully covers your requirements. We recommend that your travel insurance provide cover for personal accident, medical expenses, death, emergency repatriation, trip cancellation, personal liability and loss of luggage and personal effects.

If you choose to travel on a tour with Borneo Wildlife Cruise without adequate insurance cover, we will not be held liable for any expenses due to personal injury, medical expenses, death, disability, medical evacuation, repatriation and any loss of or damage to luggage and personal effects.

Acceptance of Risk

Some of the activities you may choose to participate in during your tour may involve a degree of personal risk. The geographical and natural environment can present challenges and is sometimes hazardous. Many activities (e.g. wildlife watching, boat travel, etc.) have an element of risk of personal injury or death. If you take part in such activities, you do so of your own accord, accept these risks and are responsible for your own actions.

Our tour guides & other staff may provide instructions and /or safety briefings to you upon check in, before and during your tour. Any safety briefings, information or notices must be observed. This will help to minimise risks. We accept your booking on the basis that you understand and accept the risks involved in activities on your tour.

Unused or Missed Services

No discounts or refunds will be given if you decide not to take part in an activity or service during your tour.

No refunds will be given for services and activities that are unused or missed due to no fault of Borneo Wildlife Cruise.

Flight Delays and / Cancellations

Borneo Wildlife Cruise cannot be held liable for the outcome caused by the delay or cancellation of flights. While we will try to assist and rearrange a tour wherever possible we are not obliged to provide financial compensation or otherwise in such instances. Clients will have to bear any additional costs caused by flight delays or cancellations.

Prices

We reserve the right to raise the price of a tour if there are exceptional cost increases beyond our control. Tours in Malaysia include 6% Malaysian Goods & Service Tax (GST). With effect from 1 September 2017, accommodation premises in Malaysia levy a government Tourism Tax of RM 10 per room per night for foreign guests. The Tourism Tax is collected by Borneo Wildlife Cruise from the guest upon check-out.

Exclusions

The cost of your tour does not include: international airfares, surcharges and airport taxes, passports, visas, immunisation, insurance, alcoholic beverages, laundry, excess baggage charges, food and beverages not included in the itineraries, gratuities or any items of a personal nature.

Responsibility & Limitation of Liability

Borneo Wildlife Cruise gives notice that all arrangements are made by them as agents upon the express condition that Borneo Wildlife Cruise shall not be liable for any injury, damage, loss, accident, expense, delay or irregularity which may result from the negligence or default of any company or individual(s) engaged in providing these arranged services.

Borneo Wildlife Cruise shall not be liable for bodily injury or property damage, losses or additional expenses arising from the following causes: acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbances, theft, negligence, default, changes in government regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled.

Force Majeure

Except where otherwise expressly stated in these terms and conditions, Borneo Wildlife Cruise cannot accept liability or pay compensation where the performance of our contractual obligations to you are affected or prevented as a result of ‘force majeure’. In these terms and conditions, ‘force majeure’ means any event which either ourselves or the supplier of the service in question could not foresee or avoid, even with due care and consideration. Such events include war or threat of war, epidemics, pandemics, riot, civil strife, airport closures, terrorism, industrial dispute, natural or other disasters, nuclear incident, adverse weather conditions, government intervention, fire, flood and all similar events outside our control.

Photos, Videos & Marketing

We occasionally take photos and videos of travellers on our tours and use these images for marketing purposes. You agree to allow us to use images of you taken during the tour for advertising and marketing purposes in any medium we choose. You grant us perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

Complaints

If you have a complaint about your tour please inform your tour guide as soon as possible so that he or she can resolve the issue when it occurs. If the matter is not resolved to your liking please put details of your complaint in writing and email us at info@borneowildlifecruise.com within 7 days of the end of the tour.

Privacy Notice

By providing your own or another individual’s personal data to Borneo Wildlife Cruise, you confirm that you and such other individual agree to us processing your personal data in accordance with this Data Protection and Privacy Statement.