It is important to us that you are happy with your Borneo
holiday and that you understand the nature of our holidays. We would,
therefore, ask that you take a few minutes to read these booking conditions and
if you need clarification on any point please do not hesitate to contact us.
1.To make a booking
All bookings are made with Twintake Sdn. Bhd. T/A Borneo
Holiday & Tour Co. (Licence Number 597247) and by confirming a booking you are
agreeing to the conditions set out below as well as to the
general Information detailed on
the website. To secure a booking, Borneo Holidays needs a completed booking
form and the necessary deposit or full payment for travel within 28 days of
departure date. Persons booking by fax, e-mail or telephone, will be deemed
to have read these terms and conditions and have signed the booking form. A
booking is accepted and a contract is entered into when we issue you with a
written (letter or e-mail) confirmation of booking. The contract, including all
matters arising from it, is subject to all prevailing Laws and the exclusive
jurisdiction of the Courts. We reserve the right to decline any booking at our
discretion.
2.Payment for the holiday
If you are booking more than 28 days prior to the date of
departure you will need to send 10% of the total cost of the holiday as a
deposit. The balance of all monies due must be paid to us not later than 28
days before departure ( or immediately if booking less than 28 days prior to
departure). In the event of non-payment of the balance we reserve the right to
cancel you booking and cancellation charges will apply.
3.If you cancel your booking
Should you wish to cancel your booking, the
following cancellation charges will be imposed. They are calculated from the
day cancellation is received in writing (letter or e-mail):
More than 28 days - retention
of deposit
Between 15 and 28 days prior to departure - 50% of total holiday price
Between 7 and 14 days prior to departure - 90% of total holiday
price
Less than 7 days - 100%
of total holiday price
4.Transferring of bookings
In certain circumstances, which we consider to be
reasonable, you may be able to transfer your booking to another suitable
person. This can only be permitted if all suppliers (eg the airline ) agree to
accept the transfer. If a transfer is acceptable then we will need to make an
administration charge of £50 per person plus any charges levied by suppliers.
5.If we need to cancel your booking
We will not cancel your booking unless we are forced to
do so by circumstances beyond our control such as flight cancellations, war,
civil or political unrest or ‘force majeure’; or (b) because the minimum number
of bookings (applies to treks only) needed to operate the tour/trek have not
been reached. In the latter case we will not cancel your tour/trek less than 6
weeks prior to the date of departure. Under these circumstances we will offer
you another tour/trek if possible. If this is not possible or not acceptable to
you, we will refund all payments made to us in respect of the tour cost.
6.Surcharges
We will absorb fluctuations in exchange rates or
increased costs of less than 2%. Surcharges may, however, be imposed up to 6
weeks prior to departure due to rises in excess of 2% in exchange rates,
increases in transport or other costs, or if Government action forces us to
increase charges. If any surcharge is imposed which exceeds 10% of the holiday
cost, you have the right to cancel your booking within 7 days of the
notification of the surcharge and we will refund any monies paid to us in
respect of the holiday.
7.Complaints
If you have a complaint about your holiday you must make
it known to your tour coordinator as soon as possible so that s/he is able to
take appropriate action at he earliest opportunity. If you are not satisfied
with our response and you feel your enjoyment of the holiday will be
significantly affected, you should contact our Head Office to discuss how we
might best resolve the problem. If on return from your holiday you remain
unsatisfied, you must notify us in writing within 30 days.
8.Liability
The Company will accept liability for the negligence of its
own employees causing direct physical injury to passengers only to the extent
that is obliged to do so under Law. We cannot be held responsible for any other
mishaps to yourself or your property, in particular those arising as a
consequence of flight cancellations, strikes, wars, riots, robbery, sickness,
quarantine, Government intervention or other such happenings. The Company will
not accept liability for damages caused by the total or partial failure to carry
out the contract, if the failure is attributable to passenger; or is
unforeseeable or unavoidable and attributable to a third party unconnected to
the Company; or the result of circumstances beyond the Company’s control; or the
result of an event that the Company even with all due care and attention could
not foresee or forestall. Where
the Company is found to be liable for damages in respect of its failure to carry
out the contract, the maximum amount of such damages will normally be limited to
the price paid to the Company for the holiday. Where the damages relate to the
provision of transport by air, sea or rail, or hotel accommodation, any
compensation payable will be further limited by the Warsaw convention as amended
by the Hague Protocol 1955 ( air), the Athens Convention 1974 (sea), the Berne
Convention 1961 (rail) and the Paris Convention 1962 (hotel accommodation). Any
independent arrangements that you make which are not part of the holiday are
entirely at your own risk.
9.Transport
Details such as airline and aircraft type will be
confirmed at the time of your booking. Please note that we use scheduled
airlines for flights to and from London and Kuala Lumpur. Flights within Borneo
are all scheduled flights, unless previously notified. Timings of all transport
are estimates only. They may be affected by operational difficulties, weather
conditions or failure of passengers to check in on time. Please also note that
the carriers’ conditions of carriage which apply to you, have clauses which
limit or exclude liability. We do not make any arrangements at the outbound or
inbound airports for flight delay (airlines make provision in this case) but we
will, however, if this affects your outbound flight, do all we can to make any
necessary adjustments to your itinerary to ensure that there is a minimum
knock-on affect to your overall holiday.
