In joining and upon purchase of the “Overseas Attractions and Tour” products and service, it is deemed that the customer has fully accepted all the terms and conditions laid by Travel Recommends Sdn Bhd.

DEFINITION

In these Conditions of Use, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say,

“TR”	Refers to Travel Recommends Sdn Bhd and the references of “We”, “Us”, “Ours” and “Travel Recommends”.
“The Products	Refers to the travel products and services available on TR, regardless of attractions tickets, tours, transport options and other travel related products and services.
“The Merchants”	Refers to the travel merchants and partners TR works with, on travel-related products and services.
“Customer”	Refers to the customer whom purchase or transacted travel products or services from Travel Recommends Sdn Bhd.

 

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1. The Customer is deemed to have read, understood agreed and accepted the terms and conditions of this agreement upon purchase of “The Products” through Travel Recommends website – www.travelrecommends.com, telephone, facsimile, WhatsApp and (or) other means of methods available.

1.2. By this acceptance, the Customer confirms that and shall be fully responsible of all the information provided, are accurate as of the date of provision, reservation and (or) purchase. The Customer agrees to indemnify, defend and hold TR and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any, and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by the Customer of these Terms and Conditions as well as Privacy Policy.

2. ACCESS AND USE OF SERVICES

2.1. The Website www.travelrecommends.com, including the subdomains, features, contents and any affiliated websites by Travel Recommends belongs to and are operated by Travel Recommends Sdn Bhd.

2.2. Provision and Accessibility of Services

2.2.1. TR may either offer to provide the product and (or) services by itself or on behalf of the appointed operating partners. The Services that is available on the website is solely for Customer’s own use, and not for use or benefit to any third party. The term “Services” includes refers to any Services offered by TR as well as the appointed operating partners. TR reserves the right to change, suspend or discontinue any product and (or) services at any time, including availability of any feature, database or content. TR, may also impose limits or conditions on certain products and (or) services or restrict access to any part or all of the services without notice or liability.

2.2.2. TR does not guarantee the availability of the services to be available and uninterrupted. TR is not liable to the Customer if the product and (or) service is not available at any time or period. TR is responsible and shall make the arrangements necessary to access to the product and (or) services. TR is responsible to ensure that all other person(s) who access and (or) use the product and (or) services are aware of the Terms and Conditions including any other Terms and Conditions for the services used, and that they comply with them.

3. USE OF CONTENT

3.1. All materials available on this website, including but not limited to text, data, graphics, photographs, images, illustrations, audio, video, logo and other materials (“Content”) belongs to TR. These are protected by copyright and (or) other intellectual property rights. This website and the content are intended solely for personal and non-commercial use of the Service and may only be used by abiding to the Terms and Conditions.

3.2. Should TR grant any access to this website and (or) content, such access shall be non-exclusive, non-transferrable and limited license to access the website in accordance with the Terms and Conditions. TR, may at its absolute discretion and at any time, without prior notice, amend, remove or alter the presentation, substance or functionality of any part or all of the content from the website.

3.3. The Customer agrees and shall abide to all copyright notices, trademarks rules, information and restrictions contained in the website and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, upload, display, license, sell, perform or otherwise exploit for any purposes whatsoever this Website on the Content or third party submissions or other propriety rights not belonging to the Customer without expressed prior written consent of the respective owners, or in any way violates any third party rights

4. LIABILTIY FOR THE WEBSITE AND CONTENT

4.1. TR cannot guarantee the identity of any other users with whom you may interact within the course of using the website. While TR work to provide as much information on the website, TR cannot guarantee the authenticity and accuracy of any content, materials and information in which the operating partners and third party merchants may provide. Customer understands

4.2. and agrees that accessing all materials accessed on the website will be at the customer’s risk and he or she will be responsible for any damage or loss to any party resulting there from.

4.3. TR will not be liable, at any circumstances, for any content, including but not limited to any errors or omissions in any Content, or any loss or damage incurred in connection with the use of and (or) exposure to any content posted, emailed and accessed or any otherwise made available through this website.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. All property rights subsisting in respect to this website belongs solely to TR and (or) have been licensed to TR for use on this website. The website as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws, the customer agrees:

5.1.1. Not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the website and the content, software, materials or the Services in whole or in part:

5.1.2. Shall only download or copy the content (and other information displayed on the website or related to the product and (or) service) for personal and non-commercial use, provided that the customer maintains all copyright and other notices contained in such content; and

5.1.3. Shall not store any significant portion of any content in any form. Copying or storing of any content other than personal and non-commercial use is expressly prohibited without prior notice, written permission from TR or from the copyright holder identified in such contents copyright notice.

6. USER REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

6.1. Use of the website, products and services

6.1.1. The customer shall agree, represent, warrant and undertake to TR that the customer will not use this website, products and (or) services in a manner that:

6.1.1.1. Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or

6.1.1.2. Violates any law, statute, ordinance or regulation; or

6.1.1.3. Is harmful, fraudulent, deceptive, threatening, abusive, harming, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise stated objectionable; or

6.1.1.4. Involves commercial activities and (or) sales without TR’s prior written consent such as contest, raffle draws, sweepstakes, barter, advertising, or pyramid schemes; or

6.1.1.5. Contain a virus, trojan horse, worm, time bomb, or other harmful computer code, file or programme.

6.1.2. The customer agrees to be responsible for withholding, filing and reporting all taxes, duties and other governmental assessments associated with the activity in connection with using the service and (or) other services.

7. AUTHORISATION

7.1. If the Customer is an entity and not an individual person, the person(s) who, on behalf, represents and signs the Agreement must be rightfully authorised and has been empowered to enter into the Agreement.

7.2. The Customer shall agree to authorise TR to access the Customer’s information for verification and creditability with a credit reporting agency.

8. PRODUCTS AND SERVICES

8.1. Through the website, Customer may purchase the products and (or) services from TR, offered by the merchants and partners in various destinations. The Customer shall and will present the required documents and information that is subjected to the individual product and service policies, no refunds will be granted unless otherwise stated.

8.2. If the Customer attempt to use the products and (or) services in an unlawful manner, the respective merchants and (or) partner reserves the right to refuse the Customer and no refunds will be granted.

8.3. In cases where date and time is indicated, if the Customer attempts to use the products and (or) services on a different date and time, the merchants and (or) partner reserves the right to refuse the customer and no refunds will be granted.

8.4. Image and photos of the product and (or) services shown on the website, including any digital assets belonging to TR and their partners are for illustration purposes only. The actual vehicle for the service depends on the availability at the day of the scheduled pick up.

8.5. In any situation where the travel itinerary involves sea transportation and is inaccessible by a car, passenger pick up will happen at the corresponding jetty.

8.6. Purchase and the use of physical passes, e-tickets and e-vouchers

8.6.1. The customer may purchase e-vouchers, e-tickets and (or) physical passes (collectively as “Admission Pass”) from TR for the product and (or) services offered by the partnering merchants in various destinations. The customer will receive email confirmation of the purchase containing all the relevant details, subjected to the policies of the relevant merchant of the product and (or) service.

8.6.2. The customer must be present at the meeting point as advised by the merchant on time, and present the necessary document and (or) information as requested by the merchant in order to use the admission. If the customer fails to appear on time as agreed and (or) to provide the necessary document and information, refunds of the admission pass will not be granted.

8.6.3. The merchant, may at any time, requires the customer to provide an identification document bearing the customer’s photo in order to use the admission pass. TR and its partnering merchants are not responsible for any loss, damaged or stolen admission passes and confirmation emails. Admission passes and confirmation emails will be void if relevant services to be provided are prohibited by law. If the customer attempts to use the admission passes in an unlawful manner (for example, attempt to use for tours and attractions when the customer is not of legal age in the eyes of law or not abiding to the terms and conditions on the admission passes of the intended destination), the relevant merchant may refuse to accept the customer, and no refunds will be granted.

8.7. Terms of use on the physical passes, e-tickets and e-vouchers

8.7.1. The terms and conditions for each product and services vary amongst the partnering merchant and any restrictions may apply to the use of the product and (or) service, including but not limited to a minimum age requirement, will be conveyed to the customer at the time of purchase on the website.

8.7.2. The products and (or) services are admission passes to one-time only events, tours and attractions (collectively, “Events”): the date(s) on which and when admission passes can be used will be stated on the admission. If the customer does not use them on or by the date(s) indicated on the admission, except expressly set forth therein, no refunds will be granted.

9. PAYMENT AND PAYMENT METHODS

9.1. The Customer agrees and shall authorise that he or she is the rightful individual to make payment on the account by providing TR with a valid credit card.

9.2. TR does not store and (or) hold any of Customer’s credit/debit card details in our system. All transactions processed pertaining to Customer’s credit and (or) debit card details when payment is made online, in the system. This is to preserve the confidentiality of all users to our website. All transactions will be processed through a secured payment gateway system by 2C2P Pte Ltd.

9.3. TR accepts the following modes of electronic payment processes; Visa, MasterCard, FPX, UnionPay, and manual bank transfers

9.4. TR reserves the right to request payment of fees or charges for any additional product and (or) services offered by TR. The customer agrees and shall pay for all applicable charges or fees, as describe on the website in relation to such product and (or) services selected by the customer.

9.5. TR, may, at its sole discretion, establish invoicing for Corporate and or other Customers.

10. PRICES

10.1. Prices quoted for the products and (or) services are in Malaysia Ringgit on the website.

10.2. Customer shall agree and accept the prices stated on the website at the time of purchase.

10.3. Prices quoted on the website are subject to changes due to fluctuation of foreign currency exchange rates, difference in the travel seasons. The amount will be adjusted and revised at the discretion of TR and their appointed partnering merchants

10.4. All prices quoted on the website and any of TR digital assets are fixed price.

10.5. TR reserves the right to change the price list for the fees or charges at any time, upon notice to the customer, by email or posted on the website. Customer’s use, or continued use, of the product and (or) services by TR following such notification constitutes the customer’s acceptance of any new or revised fees and charges.

11. MODIFICATION, CANCELLATION AND NO-SHOW POLICY

11.1. Customer may cancel the purchase by sending in an email to my.hello@travelrecommends.com , within the cancellation period as stated in the terms and conditions of the relevant product and (or) service, at the time of purchase on the website. Cancellation window period vary, depending on the terms and conditions of the partnering merchant and at the discretion of TR depending on the circumstances. For any cancellation, customer agrees to be liable for a RM50 administrative charge.

11.2. The partnering merchant is the offeror of the product and (or) services for the Events, has the right and is solely responsible for accepting and rejecting the admission the customer purchase, as related to all such product and (or) services.

11.3. Customer shall contact to consult with the partnering merchant directly if there any queries and (or) feedback in respect of the product and (or) service received in relation to and (or) at the Event by the merchant. Except expressly set for herein, all fees paid for are not refundable.

11.3.1. In any case where the customer has purchased the admission and the event is cancelled by the partnering merchant, TR will notify customer as soon as reasonably practicable, and will proceed to assist customer on the said matter.

11.4. For any purchase of attractions, tours, prepaid SIM cards, and (or) other services for use in overseas, customer agrees to be liable an administrative charge. You agree that TR shall not be liable to refund you or pay any compensation or damages in the following circumstances, including without limitation:

(i)            Last minute cancellations by you or the relevant merchants or third-party service provider;

(ii)           Failure to collect the relevant Admission Passes;

(iii)          Failure to utilise the Admission Passes during the relevant period(s); or

(iv)         Failure to utilise the Admission Passes due to the following reasons:

(a)          Bad traffic;

(b)          Bad weather conditions;

(c)           Events outside the reasonable control of either party, acts of God, fire, flood, storm, strike, explosion, sabotage, riot, war   (whether declared or not), industrial dispute and government action; or

(d)          Personal reasons.

11.6        For any purchase of local attractions tickets, tours, prepaid SIM cards for use in Malaysia, you agree to pay an administrative charge. You agree that TR shall not be liable to refund you or pay any compensation or damages in the following circumstances, including without limitation:

(i)            Last minute cancellations by you or the relevant merchants or third-party service providers;

(ii)           Failure to collect the Admission Passes for the Products and/or Services purchased;

(iii)          Failure to utilise the Products and/or Services during the relevant period(s); or

(iv)          Failure to utilise the Products and/or Services due to:

(a)          Bad traffic;

(b)          Bad weather conditions;

(c)           Events outside the reasonable control of either party, acts of God, fire, flood, storm, strike, explosion, sabotage, riot, war (whether declared or not), industrial dispute and government action; or

(d)          Personal reasons.

11.7       TR reserves the right, at its sole discretion, to deny and cancel the bookings of any Products and/or Services that are deemed to violate the Terms herein.

 

 

12.          WARRANTIES, REPRESENTATIONS AND LIMITATIONS OF LIABILITY

12.1       TR makes no warranties, guarantees or representations, either expressed or implied, regarding the App, Website, Products and/or Services, including but not limited to the reliability, quality, availability, completeness, suitability, accuracy, merchantability, condition or fitness for any particular purpose of the Products and/or Services furnished under this agreement or the App or Website. TR does not represent that the App, Website or any Products and/or Services offered under the App or Website or by any merchant or third-party service provider will be secure, timely, uninterrupted or error-free nor that the App, Website, Products and/or Services will meet your requirements or expectations, nor that all the errors in the App, Website, Products and/or Services will be corrected or that any computer systems or the servers that provide or operate the App, Website, Products and/or Services will be free of viruses or other harmful components. The Products and/or Services are provided on an “as is” basis. All conditions, representations and warranties including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of any third-party rights, are hereby excluded.

12.2       TR makes no warranty, guarantee or representation as to the reliability, safety, timeliness, quality, suitability or availability of any product and/or services on the App or Website including but not limited to the Ride-Hailing Service or the VOIP Call Service obtained from any merchant or third-party service provider through the use of the App, Website, Products and/or Services. You acknowledge and agree that the entire risk arising out of your use of the App, Website, Products and/or Services including but not limited to the Ride-Hailing Service or the VOIP Call Service obtained from any merchant or third-party service provider shall remain solely with you and TR shall not be liable to you in any way whatsoever.

12.3        By using the App, Website, Products and/or Services, you agree that you shall defend, indemnify and hold TR and its affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

(a) your use of the App, Website, Products and/or Services in your dealings with the third-party service providers, third party merchants, providers, advertisers and/or sponsors; or

(b) your violation or breach of any of the Terms or any applicable law or regulation, whether or not referenced herein; or

(c) your violation of any rights of any third party, including third party service providers arranged via the App, Website, Products and/or Services; or

(d) your use or misuse of the App, Website, Products and/or Services.

This indemnity provision shall survive the termination of this agreement.

12.4       TR shall not be liable for any indirect, special, incidental or consequential losses which you or any person for whom you have booked the Products and/or Services might have incurred, or for any direct or indirect loss of profits, revenue, goodwill, opportunity, business, data or use, arising under this agreement under any cause of action; even if such losses were reasonably foreseeable or TR had been advised of the possibility of the same.

12.5       You shall be liable to TR for all expenses, including reasonable attorney fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce the rights of TR under this agreement.

12.6       The App, Website, Products and/or Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including any device used by you or the merchants or third-party service providers being faulty, not connected, out of range, switched off, or otherwise not functioning. TR shall not be responsible for any delays, delivery failures, damages or losses resulting from such problems.

12.7       In the event that TR detects possible fraud in your use of the App, Website, Products and/or Services, TR reserves the right to immediately disconnect or deactivate the Products, Services, App or Website at any time and without any notice to you, and TR shall have no liability whatsoever to you for such disconnection or deactivation.

12.8       For the purposes of the delivery of the Products and/or Services which you might have purchased, for which the merchants, third-party service providers and/or TR may need to contact you, you agree to remain contactable via phone in such circumstances.

12.9       You agree to contact and inform TR concerning any changes to your flight schedules and/or any delays to your intended flights. You must, at your earliest convenience, contact TR immediately concerning any emergency landings, returns or arrivals.

12.10     Any claims against  by TR, you or any person for whom you have booked the Products and/or Services shall be limited to the aggregate amount of all amounts actually paid by you and/or due from you in purchasing or utilising the Products and/or Services during the event giving rise to such claims.

12.11     TR does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party service providers including any third-party service providers for the Ride-Hailing Service and the VOIP Call Service, merchants, advertisers and/or sponsors and you hereby waive and release TR from all and any liability, claims and damages arising from or in any way related to the third-party service providers, merchants, advertisers and/or sponsors.

12.12     TR will not be a party to any disputes, negotiations of disputes between you and any third-party service providers including any third-party service providers for the Ride-Hailing Service and/or the VOIP Call Service, merchants, advertisers and/or sponsors.

12.13     TR cannot and will not play any role in managing payments between you and any third-party service providers including any third-party service providers for the Ride-Hailing Service and/or the VOIP Call Service, merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding the Products and/or Services offered via the App or Website rests solely with you. You hereby expressly waive and release TR from all and any liability, claims and damages arising from your use of the App, Website, Products and/or Services or in any way related to the third-party service providers including any third-party service providers for the Ride-Hailing Service and/or the VOIP Call Service, merchants, advertisers and/or sponsors.

12.14     The quality of the services provided by the third-party service providers including any third-party service providers for the Ride-Hailing Service and/or the VOIP Call Service and the  merchants obtained through the use of the App, Website, Products and/or Services is entirely the responsibility of such third-party service providers or merchants who ultimately provide such services to you. You therefore acknowledge that by using such products or services, you may be exposed to products or services which may be unsafe, offensive or otherwise objectionable and that you use such products or services at your own risks.

12.15     Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the App, Website and/or the associated software. While we continuously develop the App, Website and/or the associated software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the App and Website are likely to be accessed from, we do not warrant compatibility of the App, Website and/or the associated software with specific mobile devices or other hardware.

 

13.          DISCOUNTS, PROMOTIONAL CODES, DEALS AND ADVERTISING

13.1.      The following terms shall apply to the use of credits, e-vouchers, promotional codes and coupons (if any) (collectively referred to as “promo codes”).

13.2.      TR may run promotions, contests, surveys and other programmes from time to time where these activities are subject to additional terms and conditions which will be made available on the App, Website, TR’s other marketing platforms, websites and/or other social media channels. Such additional terms and conditions are hereby incorporated by reference into these Terms.

13.3.      Promotions, privileges, contests and programmes are only valid for the period as specified and stated by TR and the relevant terms and conditions as well as on a whilst-stocks-last basis. No compensation will be paid in the event the promotion is no longer valid or the stocks in question have run out. All requests or bookings made before or after the relevant validity periods for the promotions, contests and programmes shall be invalid.

13.4.      Promo codes are only eligible for use during the programme’s validity period as and when specified by TR in the relevant terms and conditions. You agree to abide by all additional terms and conditions applicable to the relevant programmes, including but not limited to terms on the use of the promo codes.

13.5.      Use of the promo codes must be indicated at the time of purchase or check out and, unless otherwise stated, all information or documents required by TR must be provided. No retroactive use of the promo codes shall be permitted.

13.6.      Promo codes cannot be used in conjunction with any other promotion, voucher coupon, deal or offer including but not limited to discounts unless otherwise stated.

13.7.      Promo codes cannot be refunded, redeemed or exchanged for cash.

13.8.      Resale, transfer and/or sharing of promo codes are strictly prohibited except for any gift vouchers offered by TR, which may be purchased by you and given to others.

13.9.      No reproduction, alteration, adaptation, modification, distribution, publication, broadcasting or other communication or dissemination of promo codes is allowed.

13.10.    In the event that any promo codes is lost, misplaced, stolen, destroyed, duplicated, tampered with, or otherwise misappropriated or fraudulently used, TR will not issue replacement promo codes.

13.11.    TR reserves the right to verify the authenticity or validity of any promo codes and deem as null and void any promo code that, in TR’ sole opinion and discretion, has been stolen, duplicated, tampered with or which is suspected to have been misappropriated or fraudulently obtained or used. In such event, you agree that TR shall be entitled to charge you the full price of the relevant Products and/or Services.

13.12.    TR reserves the right, at its sole discretion, to remove, vary or impose additional terms and conditions on the use of the promo codes, as it deemed appropriate from time to time by posting the varied or additional terms and conditions on the App or Website.  

13.13.    Where any free gifts or prizes are offered as part of any promotion, contest or programme, such gifts or prizes are offered on a first-come-first-served basis and whilst stocks last. TR may impose additional terms and conditions with respect to such promotion, contest or programme. No cash or credit will be offered in lieu of any free gifts or prizes.

13.14.    All decisions by TR on matters relating to contests, promotions, discounts, promo codes and other privileges or programmes are final and binding.

13.15.    TR reserves the right to discontinue any contests, promotions, discounts, promo codes and other privileges or programmes at any time without notice or liability.

13.16     Third Party Advertising and Promotions

13.16.1  During the use of the App, Website, Products and/or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the App, Website, Products and/or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party providers. TR shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party providers. Neither TR nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the App, Website, Products and/or Services and in no event shall TR or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. TR provides the App, Website, Products and/or Services to you pursuant to the Terms. You recognize, however, that certain third party providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and TR is not a party to and disclaims any and all responsibilities and/or liabilities arising from such agreements between you and the third party providers.

13.16.2  TR may rely on third party advertising and marketing supplied through the App, Website, Products and/or Services and other mechanisms to subsidize the App, Website, Products and/or Services and/or to earn additional revenue. By agreeing to the Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, you should notify us in writing or in accordance with the procedures determined by TR. You agree and allow TR to compile and release information regarding you and your use of the App, Website, Products and/or Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party providers, advertisers and/or sponsors you interact with through the App, Website, Products and/or Services and/or advertising or marketing material supplied through the App, Website, Products and/or Services.

 

14.          TERMINATION

14.1.      Without prejudice to its other rights and remedies at law or in equity, TR shall be entitled to terminate this agreement immediately by giving notice to you in the following circumstances:

(i)           TR has any reason to believe that the App, Website, Products and/or Services is used for any immoral or fraudulent purposes;

(ii)          TR has any reason to believe that any meter on the App, Website, Products and/or Services has been tampered with;

(iii)         TR has any reason to believe that the App, Website, Products and/or Services has been used for any illegal or improper purposes or in violation of the applicable laws;

(iv)         You have committed any breach of the Terms of this agreement including but not limited to payment terms; or

(v)          You have obtained the Products and/or Services by misrepresentation or fraudulent means.

14.2.      In the event that the relevant Products and/or Services is no longer available from the merchants or third-party service providers, TR may, at its sole discretion, terminate this agreement without any liability to you for compensation or damages whatsoever. No remedy of TR shall be exclusive of any other remedy whether provided herein or available at law or in equity but shall be cumulative with other remedies.

 

15.          ‘PROTECT MY BOOKING’ PLAN

15.1        These terms and conditions are applicable to you if you have opted to insure your bookings under the ‘Protect My Booking’ plan. This insurance program will protect your bookings/tickets by providing refunds for any unused bookings or tickets, unattended events subject to the terms and conditions set out herein. You agree to take all reasonable precautions to avoid and/or minimise any request for refund. To support a refund application, you must produce the following documents or information, as applicable, at your expense:

(i)            unused tickets, Admission Passes and/or vouchers in their original condition as issued at the time of collection;

(ii)           medical report relating to any relevant Accident or Illness;

(iii)          death certificate relating to any demise of an immediate family member or yourself;

(iv)          original letter requiring your attendance in court for jury service;

(v)           any relevant police report with official reference number;

(vi)          original letter of summons requesting your appearance in any court proceedings as a witness or defendant;

(vii)         original memorandum concerning the cancellation of work leave or travel notice in relation to any compulsory military service;

(viii)        travel notice, advisory, announcement or memorandum from any governmental agency against travelling to the relevant country; or

(ix)          any other relevant documents or information.

15.2        Refund applications must be made within the relevant stipulated periods. For dated attractions, refund applications must be made within 14 days from the utilisation date. For open-dated attractions, refund applications must be made within 3 months from the purchase date. If you wish to apply for a refund, please email your application to [my.hello@travelrecommends.com] with the following details:

(i)            Order number.

(ii)           Relevant supporting documents.

(iii)          Details of the incident.

15.3        Coverage

You are advised to notify us at the earliest possible time should you wish to apply for a refund of your bookings/tickets. At our sole discretion, TR shall be entitled to grant any refund of your bookings/tickets on the occurrence of the following events before or during the period of your trip:

(i)           failure to collect and redeem the tickets or Admission Passes from the designated location(s) which resulted in the tickets or  Admission Passes not being used;

(ii)          failure to bring the tickets or Admission Passes along to the intended venue(s) of the attractions and/or tours;

(iii)         failure to attend the tour(s) and has contacted us within seven working days before the intended date of visit;

(iv)         unexpected disruption of the Public Transport Network without prior notice on the day or before the intended date and time of visit;

(v)         unfortunate demise of any immediate family member, yourself or any person(s) within the travel Group which was supposed to use the booking(s)/ticket(s) with you;

(vi)         involvement in jury service or court case which you were not aware of at the time of booking;

(vii)        unfortunate break-in, medical or fire emergency at your residence that occurred within 48 hours before the intended date and time of visit to the tour/attraction; and your presence was required to attend to these matters;

(viii)       at the time of booking or after the booking was made, you were summoned to appear as defendant or witness in any court proceedings;

(ix)        at the time of booking, you were not aware that your presence was required abroad by Singapore Armed Forces or that you need to unexpectedly cancel your trip; or

(x)         calamitous weather conditions where the government agencies or the police of the intended country of visit has issued any warning or advisory against travelling on the intended date (period) of visit for the tour and/or attraction.

15.4        No Refunds

There shall be no refunds for any unused bookings/tickets or Admission Passes in the following circumstances:

(i)           you decided not to attend or visit the venue of the tour and/or attraction at your own discretion;

(ii)          failure to provide any medical report of the Accident or Illness that prevented you from visiting the venue of the tour and/or attraction;

(iii)         claiming that the signs or symptoms of a Normal Pregnancy prevented you from being able to visit the venue of the tour and/or    attraction on the intended date;

(iv)         failure to return unused tickets, vouchers or Admission Passes in their original condition;

(v)          failure to produce relevant evidence and/or supporting documents upon CTS’ request;

(vi)         you decided for personal reasons to cancel, abandon, postpone or curtail your attendance or visit to the venue of the tour and/or  attraction;

(vii)        failure to attend and/or visit the tour and/or attraction due to your carelessness and oversight of relevant important information relating to the tour and/or attraction;

(viii)       failure to use the tickets or Admission Passes despite having prior knowledge of the disruption of the relevant Public Transport Network;

(ix)         failure to ensure and allocate sufficient time to commute to the venue of the tour and/or attraction. You shall be responsible and must make all necessary arrangements to arrive at the venue of the tour(s) and/or attraction(s) on time;

(x)         involvement in any illegal activities, events, proceedings or other matters in violation of the applicable laws;

(xi)         failure to make it to the tour and/or attraction while being fully aware of any epidemic outbreak or imposition of a travel ban;

(xii)        refund application was supported by false information, document or statement; or

(xiii)       cancellation of the booking/ticket due to any flight delays or any airline collapse or insolvency.

 

16.          CONFIDENTIALITY

16.1       You shall maintain in confidence all information and data relating to TR, its Services, Products, business affairs, marketing and promotion plans or other operations and its affiliate companies which are disclosed to you by or on behalf of TR (whether orally or in writing and whether before, on or after the date of this agreement) or which are otherwise directly or indirectly acquired by you from TR, or any of its affiliate companies, or created in the course of this agreement. You shall further ensure that you only use such confidential information in order to use the App, Website, Products and/or Services, and shall not without TR’s prior written consent, disclose such information to any third party nor use it for any other purpose. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

(i)            was at the time of receipt already in your possession;

(ii)           is or has become public knowledge through no fault or omission on your part;

(iii)          was received from a third-party having the right to disclose it; or

(iv)         is required to be disclosed by law.

 

17.          GENERAL

17.1.      The headings of this agreement are for convenience of reference only and shall not affect the meaning and construction of the terms and conditions contained herein.

17.2.      No joint venture, partnership, employment or agency relationship exists between you, TR or any third-party provider as a result of the Terms or under this agreement.

17.3       If any provision of this agreement (or any portion thereof) shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this agreement shall not in any way be affected or impaired thereby.

17.4       This agreement contains the entire agreement between the parties in respect of the subject matter of this agreement, and supersedes any prior written or oral agreements, representations or understandings between the parties relating to the subject matter of this agreement. 

17.5       No waiver, alteration, modification, or amendment of this agreement shall be binding or effective for any purpose whatsoever unless and until reduced to writing and executed by authorized representatives of the parties. No failure or delay by a party to exercise any right, power or remedy shall operate as a waiver of it, and a party's partial exercise of any right, power or remedy shall not preclude a further or the full exercise of it, or of any other right, power or remedy.  A party's waiver of the breach of the other party's obligation shall not be a waiver of any continuing breach, other breach or subsequent breach of any other obligations. Any party may waive its rights under this agreement.

17.6       This agreement shall be binding upon, and enure for the benefit of, the parties and their respective successors and permitted assigns. This agreement cannot be assigned or transferred by you.

17.7       Each party warrants, represents and undertakes that it has not and shall not offer, promise, give, encourage, solicit, receive or otherwise engage in acts of bribery or corruption in relation to this agreement (including without limitation any facilitation payment), or to obtain or retain business or any advantage in business for any person, and has and shall ensure to the fullest extent possible that its employees and agents and others under its direction or control do not do so.  For the purposes of this clause it does not matter if the bribery or corruption is (i) direct or through a third party; (ii) of a public official or a private sector person; (iii) financial or in some other form; or (iv) relates to past, present, or future performance or non-performance of a function or activity whether in an official capacity or not, and it does not matter whether or not the person being bribed is to perform the function or activity to which the bribe relates, or is the person who is to benefit from the bribe. For the purposes of this clause, a “person” is any individual, partnership, company or any other legal entity, public or private. Violation of this clause by either party shall be a material breach of this agreement and the other party shall be entitled to immediately terminate this agreement without any liability for any compensation or damages whatsoever.

17.8        TR may give notice to you by means of a general notice on the App or Website, electronic mail to your email address in the records of TR, or by written communication sent by registered mail or pre-paid post to your address in the records of TR. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TR (such notice shall be deemed given when received by TR) by letter sent by courier or registered mail to TR using the contact details as provided in the App or Website.

 

 

Updated as of March 2023.