Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.travelcart.asia ("the Site") operated by Falconet Travel Sdn. Bhd. doing business as Travelcarte ("us", "we", or "our"). This Agreement sets forth the legally binding Terms of Service for your use of the Site at www.travelcart.asia.
Please note that “Website” and “Site” is used interchangeably through these terms that refer to www.travelcart.asia. TravelCart’s affiliates may be referred or used interchangeably as partners/travel service providers/suppliers/wholesalers/tour operators. “Product(s)” refer to the (travel) tours, activities, services provided by TravelCart on www.travelcart.asia.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TravelCart without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Acceptance of Terms of Service and Amendments
1.0 Each time you use or cause access to this web site, you agree to be bound by these Terms of Service, and as amended from time
to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject
to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service. Please
see our Privacy Policy, which is incorporated into these Terms of Service by reference.
Our Service
2.0 We are an online travel agent; travelers can book for tours and travel activities directly on our website. All products are supplied by
wholesalers, tour operators and travel suppliers and other related travel service providers and are not operated by TravelCart. As an
agent, TravelCart acts as an intermediary, that sells, lists, and promotes the products as per TravelCart’s contractual agreement with
the respective service providers bound to its respective terms and conditions. Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Arising Concerns or Issues with Service
3.0 TravelCart operates remotely across several different destinations, facilities and countries, if a client (“user of our service”) is not satisfied with the services that they’ve received and/or have been provided for whatever reason, they should contact us and speaking with a company representative so that we can rectify, correct, or resolve any issues. In addition, this will give us an opportunity to solve the problem of the destination/country rather than coming back to our Malaysia location and making a complaint. Moreover it is extremely important that every client have appropriate travel insurance which should cover medical emergencies, repatriation and evacuation by helicopter, road emergencies, etc.
Should there be a need to contact us please use the details provided below:
Falconet Travel Sdn. Bhd.
Company number: +6 088-297226
Email: support@travelcart.asia
Your Responsibilities and Obligations
4.0 In order to purchase the products, you must provide your personal information on our site, agree to provide truthful information
when requested, and be at least the age of eighteen (18) or older to book our services. If you are under the age 18 but a minimum of the age 16 we must receive written consent from your parent or to book anytime of service.
5.0 When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.
Privacy Policy
6.0 Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
Your Conduct
7.0 You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any information or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any information that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Third Party Services
8.0 Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
Indemnification
9.0 You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co- branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
Disclaimer of Warranties
10.0 You understand and agree that your use of this web site and any services or Content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
Limitation of Liability
11.0 TravelCart and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.
12.0 TravelCart and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
13.0 TravelCart, the operator and its partners cannot be held liable and cannot guarantee the return of personal effects and luggage left on the buses, minibuses or at any other place. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
14.0 TravelCart shall not be held liable should your travel service provider does not provide satisfactory service or product; or any change in itinerary or cancellation of services. You are strongly advised, however to provide feedback and to report any of your grievances concerning your service provider to TravelCart. TravelCart shall (subject to conditions) communicate with the respective service provider and resolve any issues that arise. It is TravelCart’s responsibility to source for quality, responsible, and ethical travel service providers and shall make every effort to ensure that the products meet the minimum standards and requirements.
15.0 You expressly understand and agree that we shall not be liable for any direct, indirect, special, indicental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
Force Majeure
16.0 Neither party is liable for failure to perform, except with respect to payment obligations, solely caused by:
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unavoidable casualty,
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delays in delivery of materials,
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embargoes,
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government orders,
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acts of civil or military authorities,
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acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or
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any similar unforeseen event that renders performance commercially implausible.
17.0 TravelCart or your travel service provider reserves the right to cancel any confirmed booking in any circumstances, and in unusual circumstances of force majeure, defined here as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, flight cancellation or any other external circumstances beyond the control of the travel service provider or TravelCart.
18.0 Compensation may not be available should your service provider is forced to cancel or in any way change a tour due to force majeure. It is possible that an alternative date or holiday of comparable standard offered. Please note that such terms may depend on the terms of the respective service providers and may vary from time to time or from case to case.
Terms of Travel
19.0 It is your responsibility to be in possession of a valid passport, visa permits, vaccinations, preventative medicines and other medical certificates and all necessary travel documents. Neither the operator nor TravelCart is held liable for damages arising from changes in regulations or laws to the necessary travel document requirements. Information about these matters is given in good faith but without liability.
20.0 TravelCart and its travel service providers and its affiliates strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to your trip.
21.0 In many cases, you are required to present your valid passport, ID, photo ID or credit/debit card or any other related documents to your travel service provided upon redemption of your activity. TravelCart and its affiliates will not be held responsible should there be any errors or discrepancies in the information provided. Hence, it is your responsibility to provide your correct information details when booking.
22.0 You are responsible to prepare, print, save, download, or make every effort in order to possess your Voucher to redeem or use your product at the time of your consumption. If you have lost your Voucher, please contact support@travelcart.asia immediately.
Changes/Amendments/Cancellations/Refund
23.0 All sales are final and no change of product(s) or refunds or cancellations are allowed, UNLESS stated otherwise. This information is made available in every product page. These terms vary according to the respective products and our travel service providers’ policy, hence we make every effort to comply to their policies unless stated otherwise.
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Change/Update of User Information (Name, Address, Contact etc.) – Can be made no more than 4 days prior to your date of travel to support@travelcart.asia
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Change/Update of Travel Details (Hotel address, Flight details, Contact etc.) – Can be made no more than 4 days prior to your date of travel to support@travelcart.asia
(Less than 4 days prior to travel: We advise you to communicate directly with your respective travel service provider using the contact informmation as provided in your Voucher, unless stated otherwise.)
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Product Exchange or Refund – Subject to special terms and conditions
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Product Cancellations – Subject to respective products’ terms and conditions
Content
24.0 All products, tours, and services offered by TravelCart are valid as per the dates displayed at www.travelcart.asia or any TravelCart-
affiliated website. TravelCart is not responsible or liable for any information that it does not directly provide.
25.0 All products, tours, and services are provided by TravelCart’s affiliates and partners, and not by TravelCart, unless stated otherwise.
26.0 TravelCart reserves the right to change details, dates, prices, photos, or any product-related information prior to notice, unless you
have purchased any product prior to the changes or amendments, TravelCart will at its best notify by email only, as provided in your
booking details, immediately. Our travel service providers may contact you by phone or by email should there be any changes in the
schedule or itinerary.
27.0 All product details are accurate as provided by the travel service providers. Any mechanical errors or human errors are unavoidable, and will be rectified immediately.
28.0 Prices shown on the Website are inclusive of all services as stated and may include additional complimentary services not specified. Prices will change according to the current exchange rates
29.0 Photos in the Website may not necessarily represent the actual content of the service. However, TravelCart will make every effort to ensure that Users are not misrepresented. TravelCart’s content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to TravelCart, is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
30.0 TraveCart will make every effort to ensure accuracy in the details of the products. However, TravelCart does not warrant that functionality, content or information contained on www.travelcart.asia or any TravelCart-affiliated website will be uninterrupted or error free, that defects will be corrected, or that www.travelcart.asia or the servers that make it available are free of viruses or bugs.
31.0 Photos used in the Website are license-free and are from Creative Commons use. If you are the legal owner of any of the photos, in which TravelCart has used without your consent or authorization, please contact support@travelcart.asia immediately. (See Clause 39.0)
Pricing
32.0 Prices listed on www.travelcart.asia websites are per person, unless specified otherwise. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by TravelCart and its affiliates and partners.
33.0 Price quotations are subject to change without notice, until a booking has been confirmed. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
34.0 Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of www.travelcart.asia, unless specified otherwise.
Arbitration
35.0 For any disputes or discrepancies you may have with TravelCart, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the Malaysian (Amendment) 2011 Arbitration Act. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
36.0 All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
37.0 The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Reservation of Rights
38.0 We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
Notification of Copyright Infringement
39.0 If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: support@travelcart.asia
40.0 TravelCart specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Applicable Law
41.0 You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
Miscellaneous Information
42.0 (i) In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party's right and
that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations
under this Terms of Service and we shall be relieved of any further obligation.
Last updated on October 13, 2015