Terms & Conditions

It is very important that The Traveller read and understands the following terms and conditions before The Traveller decide to book with us. It is also important that The Traveller read the relevant itinerary and understand what is involved in the type of Excursion The Traveller are intending to book. These Terms and Conditions together with the Terms and conditions that appear with the booking form are hereby incorporated into and shall constitute the entire contract made between The Traveller and us (hereinafter collectively referred to as ‘The Terms’). By making a booking The Traveller agrees that The Traveller have fully read and understand The Term. BEX only accept bookings subject to them.

 

Visa requirements   The Traveller should have the necessary documentations to enter the country. No refund can be made if immigration, police or other official bodies limit The Traveller’s participation.

 

Prices and Validity  BEX reserves their right to adjust the excursion price until The Traveller has made full payment for the excursion booked.

 

Binding Contract Subject To Signature And Payments   Please note that there is no contract between BEX and the Traveller until the Booking Form are signed and received by BEX, that BEX has received the full payment for the excursion The Traveller booked within the time frame set by BEX and BEX countersigned on the Booking Form. Any payment that The Traveller makes to their travel agent would not constitute payment to BEX until the same is remitted to BEX’s account.  In the case of The Traveller booking excursions or services online through BEX’s website, The Traveller will have the opportunity to go through The Terms which are displayed on BEX’s website and which The Traveller will need to confirm and accept in the course of booking online. A contract would exist between the parties as soon as The Traveller clicks the booking button, pays the full amount due for the excursion and BEX returns by email a confirmation.

 

One/Some May Sign Booking Form On The Traveller’s Behalf   In case of one or more but not all travellers named in the Booking Form (hereinafter referred to as ‘named Traveller’) sign the Booking Form, it shall be deemed that the signatories have been duly authorized by all named Traveller to sign on their behalf and accordingly it shall be deemed that all such named Traveller have signed the Booking Form. Similarly if there is any cancellation by one or more but not all named Traveller, BEX will act on the basis that he or she has been authorized or instructed by all named Traveller to cancel the excursion and shall accordingly effect cancellation.

 

The Traveller’s Travel Agent Can Sign The Booking Form On The Traveller’s Behalf   Where The Traveller books through a travel agent and if such travel agent signs the Booking Form, it shall be deemed that such signature is for and on behalf of all The Travellers named in the Booking Form.   It shall be deemed and construed that all named Traveller have duly authorized the said travel agent to sign the Booking Form on their behalf. Similarly if The Traveller’s agent seeks cancellation, BEX will act on the basis that the travel agent has been authorized or instructed by the named Traveller to cancel and shall accordingly effect cancellation.

 

Conditions Of Other Third Party Operators  In the event The Traveller are booking through BEX services of any third party operators, the terms and conditions of such third party operators, including their payment schedule, cancellation, refund etc. shall be applicable to The Traveller in addition to The Terms.

 

Our Scope Of Services   For services that BEX do not develop themselves, BEX inspect and select these services to be provided to The Traveller. BEX do not own, operate or control any airline, shipping company, coach or coach company, hotel, transport, restaurant or any other facility or provider that is engaged to provide The Traveller services during the course of your excursion. Therefore, please carefully note that:

 

The Traveller will need to adhere to the conditions, rules and regulations of each service provider. For instance, The Traveller will need to check the baggage rules of the airline to understand what kind of baggage and how much baggage The Traveller can carry. The Traveller will need to check the hotel rules to check what the mealtimes are, at which The Traveller should make himself/herself available. BEX are not responsible for the consequences if The Traveller breaches such rules and regulations; If The Traveller cause any injury or damage affecting the service provider, then The Traveller may be liable to the service provider and if the service provider recovers any monies from us for such injury or damages, BEX shall separately charge The Traveller for the same; BEX cannot be held responsible for any delay, deficiency, injury, death, loss or damage occasioned due to act or default of such service providers, their employees or agents.

 

Behaviour   The Traveller shall not behave in a manner which may cause distress or annoyance to other Travellers or to any other person or which may create the risk of danger or damage to property belonging to BEX or other Travellers or any other persons. The Traveller shall not carry any item or object, the possession of which is forbidden by any law, rules or regulations. Nor shall The Traveller violate any other law, rule or regulations. Should any excursion participant misbehave or violate any law, rules or regulations, BEX shall have the right to discontinue their participation and exclude the Traveller from the excursion at the Traveller’s risk, cost and expense. Should BEX suffer any damage or liability on account of the Traveller’s misbehavior, BEX shall be free to separately charge and recover our losses and expenses from the said Traveller.

 

No Refund For Unutilized Services   It is clearly understood that there shall be no refund or compensation whatsoever for unutilized services. This general rule applies to all kinds of non-utilization or underutilization of excursion services, whether of the whole or part of the excursion and whether as a matter of the Traveller’s choice, or caused by the Travellers fault or compelled by circumstances such as ill-health, weather, external factors etc.

 

Employees/Agents Not Authorized To Change Terms   No person including any of BEX employees, agents or franchisees has the authority to alter, amend, or waive any stipulation, representation, term or condition set forth in this document. Assurance if any, given by any of BEX employees, agents, franchisees or any other person, whether given verbally/in writing/by email/by sms or otherwise, which is contrary to The Terms shall not bind BEX, in any manner.

 

Please Carefully Check What The Excursion Cost Includes And Excludes   All services to be provided to The Traveller will be as per those specified/confirmed and paid for as per the Invoices. If The Traveller avail any service such as porterage, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages, soft drinks, paid toilets or anything that is not specifically shown as included in the Excursion Cost, then the payment for the same will have to be cleared by The Traveller.

Please also note:    Public Holidays –  Should your excursion fall on a Malaysian Public Holiday then there is an added charge to cover the guiding cost only on selected tours.

Please check with us if you are unsure if your tour is affected by any Public Holiday surcharge.

 

Minimum Participation   Most Excursions are operated subject to a minimum participation of paying adult Traveller. If the participation is less than the minimum prescribed BEX reserves the right to amend, amalgamate, alter, vary, or cancel an excursion without incurring any liability to pay any compensation. If BEX decide to operate the excursion with participation below the minimum stipulated or if The Traveller are required to travel as individual travelers (not as a group) BEX reserve the right to collect an additional prorata amount. In such cases The Traveller may not be provided certain services, which would have been provided in the group excursion and The Traveller may need to travel on an amended itinerary and services, such as transportation on a ‘seat in coach’ basis, where the coach departures are at fixed times and routes etc.

 

Privacy Of Information   BEX try to maintain the privacy of the personal information provided by The Traveller. However, it would be necessary for us to share this information with airlines, hotels and other service providers who would be providing The Traveller service during the excursion. BEX would also be constrained to disclose such information if BEX receive an order of the court, a requisition from any government or statutory authority, subpoena, or where under any laws, rules or regulations, such disclosure becomes necessary. Where The Traveller book directly with us, BEX will address communications to The Traveller at your mailing address and/or e-mail address given in the Booking Form. Where The Traveller have booked through a travel agent, BEX will address communications to the Traveller’s travel agent, who made the booking on the Traveller’s behalf and the agent would be responsible for transmitting such communication to The Traveller.

 

Grievances   Please inform BEX of any grievances by email to [email protected] or fax to +60 82 429267 within 24 hours from the end of the excursion. This will enable us to promptly rectify all genuine grievances in real time. If The Traveller fails to do this, The Traveller will be deemed to have acknowledged and accepted the services in full satisfaction and The Traveller shall be deemed to have no grievance or complaint in that regard.

 

Your Suggestions   If The Traveller have any tips, which The Traveller might want to share with us, do email us at [email protected]

 

Accuracy   BEX endeavour to ensure that all the information and prices both on the website and brochures are accurate; however occasionally changes and errors occur and BEX reserve the right to correct prices and other details in such circumstances. The Traveller must check the current price and all other details relating to the arrangements that The Traveller wish to book before booking. Please Note: All prices mentioned are in USD unless otherwise stated. 

 

Leaving the excursion   If the Traveller leaves the Excursion voluntarily before completion of the Excursion, or is required to do so by us on the grounds that the Traveller’s presence is detrimental to the safety or well-being of either to the Traveller him/herself or the Excursion, then all liability that BEX may bear to The Traveller will cease immediately, including the Traveller’s right to any refund. BEX will have no responsibility for repatriation or any other expenses, which may arise out of such an event. If The Traveller becomes ill, all hospital expenses, doctors’ fees and repatriation costs are the Traveller’s responsibility and BEX shall not be liable for any refund of the Excursion cost.

 

Travel delays   For all air travels, BEX engage the services of Malaysia’s international, domestic or rural airlines and there are occasions regrettably delays do occur. Unfortunately BEX cannot accept responsibility for such events however BEX will provide The Traveller with prompt assistance. Unfortunately BEX cannot cover the costs of meals, overnight accommodation or any other cost resulting from delay. If The Traveller face a delay or are denied boarding BEX advise The Traveller to first contact your airline, who may be able to assist and would most likely reimburse The Traveller for expenses incurred due to the delay.

 

Changes to The Terms   BEX may revise The Terms at anytime by updating this posting. The Traveller should check this Website from time to time to review the current terms and conditions because they are binding on The Traveller. Certain provisions of The Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

 

Links to websites of other parties   The Information contained in this Website may include links to other websites. The other websites are not under our control and is not responsible for the information contained in the other websites. BEX have included the links as a convenience to The Traveller.

Please Note: All prices mentioned are in USD unless otherwise stated.

 

Relationship with other parties  BEX may act as an agent or representative of a third party and may authorise a third party to act on its behalf.

 

Disclaimer  The information, text, graphics, links and other items contained in this Website (“Information”) are provided “as is,” without any warranty of any kind (either express or implied), including, but not limited to, warranties of merchantability and fitness for a particular purpose of use. BEX do not make any warranties as to the accuracy or completeness of the Information. BEX may modify or update the Information at any time without notice, but makes no commitment to do so. Any reference to any product or service is not a promise that such product or service is available. The Traveller should take appropriate steps to verify any information before acting on it. The photos of meals/sightseeing are for reference and may differ from the actual meals/sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes. Information on this Website may be changed or updated without notice. BEX may also make improvements and/or changes in the products described in this Information at any time without notice.