TERMS & CONDITIONS
Malaya Travel LLC
YOUR TRAVEL DOCUMENTS, INCLUDING PASSPORTS
A valid passport is mandatory for international travel. Additional requirements, including obtaining a visa prior to departure, may apply to international destinations. Non-U.S. citizens must adhere to different immigration requirements, and it is your responsibility to contact the necessary consulate(s). Departure will not be permitted without proper identification, including a valid passport and any required visas. If you need assistance with passports or visas, feel free to reach out to us. You assume full responsibility for obtaining and carrying a valid passport, visa(s), and all other required documents according to government regulations. The U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) recommend carrying at least two forms of acceptable identification for domestic and international travel. Refer to http://www.tsa.gov/traveler-information/acceptable-ids for a list of acceptable identification. Ensure that the information on your identification card matches the data on airline ticket(s) and booking records. Malaya Travel strongly advises considering that certain countries may deny entry if a passenger's passport expires within six (6) months of the entry date. Non-U.S. citizens may need additional documentation, and children/infants require all necessary travel documents. Minors traveling with one parent or without both parents may face potential delays without authenticated consent forms; refer to https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for the required forms. The U.S. Customs and Border Protection Agency requires specific documentation for USA child groups under age 19 arriving by land or sea. Failure to strictly comply with these requirements may result in denied boarding or undue delays at airport security checkpoints, causing you to miss flights and subsequent scheduled travel bookings. Check each supplier’s website to ensure you and your travel group obtain the required travel documentation. Upon receiving all travel documents, it is your sole responsibility to review and verify all information. Contact Malaya Travel immediately if changes or corrections are required.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html.) We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (Reference http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, weather hazards, or the suitability for a disabled person of any portion of any trip. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on "Find International travel Information,” then click on "Country Information," and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country. For destination information specific to COVID-19, we recommend visiting IATA's COVID-tracking site in addition to the State Department site. It is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. Ultimately, it is your responsibility to understand and abide by all requirements and restrictions when traveling. This may include the following: health affidavit forms; health screenings prior to departure and/or upon arrival; temperature screenings prior to departure and/or upon arrival; travel reason affidavit forms; online travel authorizations; airline safety & health requirements, such as health forms, screenings, face coverings; in-country requirements, such as periodic temperature checks, quarantine, face coverings; visas. Failure to meet the requirements and/or restrictions puts you at risk for fines, quarantine, or deportation at your expense. Travel to certain destinations may involve greater risk than others. MALAYA TRAVEL urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to or living in a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, MALAYA TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF MALAYA TRAVEL ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
By utilizing Malaya Travel's services, you affirm that you are at least 18 years old and possess the legal authority to enter into this agreement, enabling you to make travel bookings with Malaya Travel through any means, including our website, in accordance with the terms and conditions outlined herein. You assume financial responsibility for all your travel bookings and acknowledge accountability for the use of your account by others, including minors residing with you. It is your responsibility to supervise all usage of Malaya Travel communications by minors under your name or account. Additionally, you warrant that all information provided by you or members of your household in conducting business with Malaya Travel is true and accurate. Speculative, false, or fraudulent reservations, or those made in anticipation of demand, are strictly prohibited. The travel services reservations facilities offered by Malaya Travel are to be used solely for making legitimate reservations or purchases for yourself or for individuals for whom you are legally authorized to act. Your reservation and purchase of travel-related goods and services will be subject to separate terms and conditions imposed by Malaya Travel and the selected supplier. You commit to complying with the terms and conditions of purchase set by Malaya Travel and any supplier you choose to engage with, including timely payment and adherence to the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Violating any supplier’s conditions of purchase may lead to the cancellation of your reservation(s) or purchase, denial of access to flights, hotels, cruises, or automobiles, forfeiture of any funds paid for such reservation(s) or purchase, and debiting of your account by Malaya Travel for costs incurred as a result of such violation. You bear full responsibility for all charges, fees, duties, taxes, and assessments arising from your travel bookings facilitated by Malaya Travel.
TRAVEL AGENCY AND SALES AGENT DISCLOSURES
Malaya Travel, LLC is a fully accredited travel agency registered as a Seller of Travel Florida, # ST44603. We are affiliated with International Airlines Travel Agency Network. According to the Florida Seller of Travel law, sellers of travel are required to have a trust account or bond, and Malaya Travel maintains a bond. Additionally, Malaya Travel, LLC. and its independent travel advisors (referred to collectively as "we" or "us") operate as sales agents for various service providers, including airlines, hotels, car-rental companies, tour operators, cruise lines, and more, as mentioned in your itinerary or confirmation ("Suppliers"). We want to emphasize that we are not responsible for the acts or omissions of the Suppliers, including their adherence to schedules, provision of services or refunds, financial default, or honoring of future trip credits. You acknowledge that interruptions or cancellations of your travel plans may occur due to actions by the Supplier, a government entity, or another third party beyond our control. It is important to note that the cancellation, rebooking, and refund policies of the Supplier, subject to applicable laws, will govern your rights and remedies, including the right to receive a refund. We do not possess special knowledge regarding the financial condition of the Suppliers, and we assume no liability for recommending a trip credit in lieu of a refund.
Unless explicitly stated in writing, airline reservations are not included in your travel plans. In such cases, it is the Customer's responsibility to arrange appropriate air travel and transportation to and from the destination where the travel booking originates and returns. Malaya Travel assumes no responsibility for any changes to air and/or ground schedules. In rare instances, certain departure taxes may need to be paid in cash upon departure from a country, and the amount may vary. Due to heightened security measures, it is strongly advised to check in a minimum of 2 hours before the scheduled departure for domestic flights and 3 hours before the scheduled departure for international flights. Reconfirming flight times is recommended at least 24 hours before scheduled departure for domestic flights and 72 hours before for international flights. Failure to utilize a reservation may lead to the automatic cancellation of all continuing and return flights, along with the forfeiture of airfares.
PAYMENTS AND CANCELLATIONS
When booking, a minimum deposit of 30% of the total amount is required. Additional deposits may be necessary as per the service provider's requirements. All deposits are refundable according to your Cancellation Policy. Unless otherwise specified in the reservation process, the final payment is expected 60 days before departure or consumption, in line with the terms and conditions of each supplier involved in your travel booking, including airlines, hotels, cruise lines, transfer companies, sightseeing operators, and other travel service vendors. Failure to receive final and full payment by the applicable due date could lead to the cancellation of reservations, and deposits may be forfeited. In certain cases, no refunds are available once a booking is made and paid for. Your entitlement to a refund for changes or cancellations to your travel plans is subject to limitations. All requests for cancellations should be submitted in writing to Malaya Travel. Cancellation penalties, as outlined in your travel documentation, each supplier’s websites, and malayatravel.com, will apply as a consequence of cancellation. These penalties are communicated at the time of booking and reiterated upon confirmation. All cancellation fees will be charged to the credit card authorized for payment of travel services or deducted from the supplier’s refund. For multi-city itineraries with higher complexity, a non-refundable consulting deposit of USD$300 per person may be subject to charge in case of cancellation. If you have any inquiries or find the penalties unclear, please reach out to your Malaya Travel agent for clarification. All cancellation fees will be charged to the credit card authorized for payment of travel services or deducted from the supplier’s refund.
DEPOSIT AND FINAL PAYMENT
When booking, a minimum deposit of 30% of the total amount is required. Additional deposits may be necessary as per the service provider's requirements. All deposits are refundable according to your Cancellation Policy. Final payment must be made at least 60 days prior to departure, unless otherwise specified. Some airfares or services may require full payment at the time of booking. Malaya Travel accepts various payment methods including cash, checks, debit cards, or credit cards (AMEX, Visa, MasterCard, Discover, or Diners). If you prefer credit card payment, we may ask you to read and sign a credit card charge form provided in the receipt.
TOURS: UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS
Since Malaya Travel's tour prices are established on contracted rates, there will be no refund for any unused portion of a tour. In the case of group tours that rely on a minimum number of passengers, if the passenger count falls below the required minimum, a surcharge may be applied, or the tour might be subject to cancellation. You acknowledge that the nature of adventure travel requires flexibility and agree to permit reasonable alterations to products, services, or itineraries by Malaya Travel. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Malaya Travel (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events, and entry or border difficulties). No reimbursements, discounts, or refunds will be issued for services that are missed or unused after departure due to no fault of Malaya Travel, including your removal from a Tour because of your negligence or breach of these Terms.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
Each Customer is responsible for ensuring they have the necessary immunizations and required documentation before traveling, along with accommodating security rules imposed by government authorities. Malaya Travel, LLC shall not assume responsibility for the accuracy of health requirements, vaccinations, or documentation prior to departure or upon landing at the final destination. Customers are advised to consult their health practitioner for advice. Required inoculations, if any, must be recorded on a valid vaccination certificate by the Customer's health practitioner, which they must carry for proof of inoculation where required. If there are concerns about taking medications or receiving certain inoculations, Customers are urged to check with their health practitioner BEFORE booking. Relevant information regarding travel to specific destinations can be found on the USA State Department website http://travel.state.gov, and health-related issues can be explored on the USA Centers for Disease Control website http://wwwnc.cdc.gov/travel/. For further details on security, safety issues, crime, travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions related to domestic and/or international travel destinations, and re-entry into the United States, Customers are encouraged to regularly visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov, especially their embassy, and http://www.uscis.gov/ for non-USA citizens. (Customers are responsible for informing Malaya Travel when traveling on a passport from a country other than the USA.) Malaya Travel neither controls nor warrants the issuance of visas related to applicable travel. If a visa is not issued, Malaya Travel is not responsible for lost payments made toward the contemplated trip. It is important to note that USA rules regarding entry and exit change daily. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) recommend that everyone carries at least two forms of acceptable identification, as listed on http://www.tsa.gov/traveler-information/acceptable-ids. Examples include DHS-designated enhanced driver’s license, USA Passport, and a foreign government passport.
Passengers are advised to regularly consult the updated list of countries where airlines are required to treat the passenger cabin with insecticides before or during the flight on the DOT’s website: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Malaya Travel, LLC serves solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services ("suppliers"). Malaya Travel is not the source or provider of the travel services. Each supplier company operates independently with its own management and is not under the control of Malaya Travel. Customers are informed that the suppliers listed in travel documentation are the entities responsible for providing the purchased travel services. Customers consent to the use of these suppliers and acknowledge that each supplier's Terms and Conditions are available in printed form and can be found on their respective websites, governing the transaction. All bookings are accepted by Malaya Travel as an agent for the travel suppliers on the itinerary. The transportation, accommodations, and other services provided by the identified sea, ground, and air operator suppliers are subject to the terms and conditions outlined in the tickets, exchange orders, or vouchers issued by them and/or their suppliers, including the Terms and Conditions on their respective websites. As Malaya Travel acts as an agent for disclosed principal suppliers and lacks the right to control the operations of these independent operators and suppliers, customers agree that Malaya Travel is not liable for any personal injury or property damage arising from these services. Malaya Travel disclaims liability, whether based on contract, tort, strict liability, or otherwise, including but not limited to direct, punitive, special consequential, incidental, or indirect damages in connection with the goods or services provided by any principal supplier booked through Malaya Travel’s office or website. This includes acts, errors, omissions, injuries, losses, accidents, delays, or irregularities that may occur due to the fault, negligence, willful acts, omissions, or otherwise of such suppliers or their respective employees, agents, servants, or representatives. Weather conditions, such as the presence or absence of snow, sunshine, and rainfall, are not guaranteed and are beyond Malaya Travel’s control. Adverse weather conditions or natural disasters, including volcanic eruptions, ash clouds, and wind, may be characterized as such by suppliers and travel insurance companies, and are also beyond the control of Malaya Travel. Malaya Travel reserves the right to cancel or alter any itinerary and may refuse to accept or retain any person as a tour member at any time. Malaya Travel does not assume responsibility for any air and/or ground schedule changes. Malaya Travel has received solely commission and fees for travel transactions, and customers acknowledge that any recovery from Malaya Travel will be limited to the commission and fees actually received by Malaya Travel.
“Force Majeure” refers to circumstances beyond the reasonable control of Malaya Travel, LLC, including, but not limited to, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences. Malaya Travel shall not be considered in breach of these terms and conditions or otherwise liable to you due to the delay in performance or non-performance of any obligations hereunder to the extent that such delay or non-performance is a result of Force Majeure. It is highly recommended to purchase travel insurance for all trips. If Malaya Travel, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may, in their sole and absolute discretion, vary or cancel any itinerary or arrangement related to the trip. The payment of any refund by Malaya Travel to you resulting from the non-performance of any obligations hereunder shall remain at its sole and absolute discretion, although Malaya Travel will make reasonable efforts to reimburse you where possible. However, Malaya Travel is entitled to deduct from any refund recoverable the reasonable actual and potential costs to Malaya Travel of the Force Majeure and applicable cancellation fees. In the case of civil unrest, once Malaya Travel has investigated the prevailing situation as it deems fit, it shall remain in Malaya Travel’s sole and absolute discretion whether to proceed with the trip. You may, in such circumstances, cancel the trip subject to Malaya Travel’s and each supplier’s terms and conditions.
Travel insurance is available to protect passengers and their investment. Unless explicitly noted, travel insurance is not included in the cost of the customer’s itinerary, offering protection against third-party supplier default/bankruptcy, delays, interruptions, missed connections for cruises, cancellations, medical emergency transportation/evacuation and repatriation, baggage and personal effects/lost luggage and baggage delay, illness, job loss protection, change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Proper insurance may safeguard against financial loss in almost all circumstances. Without appropriate travel insurance, the customer understands and agrees that if they cancel or interrupt their travel for any reason, portions of the trip/tour may not be refunded, and cancellation penalties from Malaya Travel and travel suppliers will apply, resulting in the potential loss of monies up to the full cost of the customer’s travel booking and related costs. The purchase of travel insurance is not mandatory for acquiring any other product or service offered by Malaya Travel, LLC. An additional charge applies for selected travel insurance.
ALTERATIONS IN TRAVEL PLANS
Changes to the itinerary may be required for various reasons, including but not limited to severe weather, solely at the discretion of Malaya Travel and subject to supplier terms and conditions. In the event that a property, supplier, activity, or area is removed for any reason, it may be substituted with a comparable alternative.
Malaya Travel, LLC reserves the right to utilize any photograph or video captured at any event or during any travel activity, without obtaining the express written permission of individuals featured in the photograph or video. Malaya Travel may incorporate the photograph or video in publications or other media materials produced, used, or contracted by Malaya Travel. These may include, but are not limited to, brochures, invitations, books, newspapers, magazines, television, websites, etc. Individuals who prefer not to have their photo taken or distributed must communicate their intentions in writing to Malaya Travel at 17000 N Bay Road, Suite 605, North Miami Beach, FL 33160 and include a photograph.
The information and images on this website, including downloadable files, are protected by copyright. Except for fair dealing for the purpose of private study, research, criticism, or review, as permitted under the Copyright Act 1968, no part may be reproduced or reused for any other purpose without due acknowledgement and advance written permission from the copyright holder.
The content on this website is provided for informational purposes only. While every effort has been made to ensure the accuracy and completeness of this information, Malaya Travel, LLC makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also provides links to other Internet sites outside of Malaya Travel, LLC’s control. Users are responsible for making their own decisions about the accuracy, reliability, and correctness of information contained on these sites.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS & RIGHT TO CORRECT ERRORS
We retain the right, at our sole discretion, to modify these Terms at any time. Revised versions of the Terms will be published on this website and become effective immediately upon posting. It is advisable to check regularly, particularly before using this website, to review any changes to the Terms. Your use of the website following any modifications to the Terms indicates your acceptance of the changes. We retain the right to rectify errors. All land and event offers are subject to availability and are subject to change without prior notice. In case of a pricing error or omission related to land or events, we reserve the right to rectify the pricing or implement any necessary corrections.
ELECTRONIC OR HANDWRITTEN SIGNATURE
Both parties agree that you may acknowledge and agree to these Terms through any of the following means: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic methods, including, but not limited to, via email acceptance of these Terms; or (iv) by your implied consent, deemed via your actions, which include, without limitation, the payment of the invoice and/or your use of the services provided by Malaya Travel or any other travel supplier related to your booking. All such means will be considered effective acknowledgement and execution of this Agreement and shall be deemed sufficient to bind the parties to the terms and conditions stated in this Agreement.
The laws of the State of Florida, USA, govern these Terms and Conditions for travel bookings with Malaya Travel, LLC. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, USA, in all disputes arising out of or relating to travel bookings with Malaya Travel, LLC, including the use of the Malaya Travel Web site. Use of the Malaya Travel Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the agreement shall continue in effect. These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Malaya Travel, LLC, with respect to travel bookings made through Malaya Travel, LLC, by any means accessing such information, including its Web site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and Malaya Travel, LLC, with respect to communications, including the Malaya Travel Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.