Terms
TERMS & CONDITIONS
 
We are committed to making your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the "T&Cs") apply to https://www.goldenkestreltours.com/ (the "Website") and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Website. Your use of the Website indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.

Who We Are:

We are GOLDEN KESTREL TOURS SDN BHD (“we”,”us”,”Golden Kestrel Tours”,”GKT”), a company registered in Malaysia. Our company registration number is 1268067-A and our registered office is at 2-1, Unit 2, 1st Floor, Block I, Metro Town, Jalan Lintas, 88300, Kota Kinabalu, Sabah, Malaysia. You can contact us by writing to us at sales@goldenkestrel.co.

If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. “Writing” or “written” in these T&Cs includes emails.

Accessing And Using The Website:

As a condition of your access to and/or use of the Website, you warrant that:

    • ● All information supplied by you on the Website is accurate, current and complete;
    • ● You are 18 years of age or older in order to access and/or use the Website. If you are under eighteen (18), you may place an order only with involvement of a parent or guardian; and
    • ● You will not copy or distribute any part of the Website in any medium without Golden Kestrel Tours prior written authorization.

 

You shall be solely responsible for your access to and/or use of the Website and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.

Prohibitions:

You agree and undertake not to:

    • ● Use the Website for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
    • ● Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
    • ● Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website, interfere with another’s utilization and enjoyment of the Website, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website's data or damage or interfere with the operation of another customer’s computer or mobile device or the Website; and
    • ● Post, promote or transmit through the Website any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

To the extent that any information, graphics, photographs, data and/or any other material is posted, promoted or transmitted through the Website by you (e.g. by way of product reviews or otherwise), please note that we do not actively monitor, edit or regulate such content and it is your responsibility to ensure that such content is in compliance the prohibitions in subparagraphs 1 to 4 above. However, if we are notified of any defamatory, obscene, libelous, threatening or other similar content, we may take steps to remove such content from the Website as soon as practicable.

Links To Third Party Websites:

The Website may contain links to third party webWebsite that are not affiliated with or owned, operated, or controlled by Golden Kestrel Tours, including third party payment system providers. You acknowledge and agree that Golden Kestrel Tours is not responsible for the content, privacy policies, or practices of such third party webWebsite or the companies that own them. By using the Website, you expressly relieve Golden Kestrel Tours from any and all liability arising from your access and use of any third party website. We encourage you to review the terms and conditions and privacy policies of any third party webWebsite before using them and disclosing your personal data to them.

Intellectual Property Rights:

All materials displayed or performed on this Website including but not limited to text, graphics, logos, articles, photographs, button icons, images, illustrations, video, audio clips, digital downloads, campaign titles and data compilations is the property of GKT or its content suppliers. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use. You are not permitted to use, copy, publish, manipulate, modify, upload, post, distribute, sell or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Indemnities:

You agree to indemnify, defend and hold harmless Golden Kestrel Tours, our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from, including but not limited to any claims, losses, liabilities, and damages, settlements, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Website, including any claims of infringement of a third party’s rights; damage to tangible property, bodily injury, or death; negligence or willful misconduct caused or attributable to you or any of your agents, and breaches of your obligations under these T&Cs. GKT may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of GKT without GKT’s prior written approval. GKT reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.

Termination:

We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Website. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:

    • ● Immediate, temporary or permanent withdrawal of your right to use and/or access the Website;
    • ● Issuing a warning to you;
    • ● Commencing legal proceedings against you for loss resulting from your breach; and
    • ● Disclosure to law enforcement authorities of such information as we reasonably deem necessary.

 

We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

Liability And Exclusions:

GKT and/or its associated agents act merely as agents to other principals who supply services for the tour. GKT may either offer to provide the Services by itself of the Operators. The Services that have been selected by you on this Website are solely for your own use, and not for the use of the benefit of any third party. The Term “Services” includes but is not limited to the use of this Website, any Services offered by GKT by itself or on behalf of the Operators on this Website. GKT may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. GKT may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.

GKT does not guarantee that the Services will always be available or uninterrupted. GKT will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.

As such GKT and/or its associated agents shall not be held liable for any delay, change, omission or cancellation of services or any loss, damage or injury suffered by your traveling as consumer as a result of negligence or deliberate acts of any person, employee, agent, servant or representative outside of its direct employment or any unforeseen circumstances or occurrences beyond GKT control.

By purchasing and accepting GKT's services, GKT and/or its Suppliers and/or its associated agents further reserve their right to demand, postpone, or cancel any or all parts of a program/tour arrangement under unfavorable conditions. GKT will not be held liable for any damages or loss arising from any events which are beyond the reasonable control of GKT or any of its Supplier(s). Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government actions, compliance with any laws, regulations or orders of the country(ies), widespread of viruses worldwide, frequent flight delays, rerouting, retiming, misconnection, overbooking, mishandled baggages, default of any Supplier(s), civil war, industrial disputes, power failure, hardware and/or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.

We will not be liable to you or any third party for any loss, expenses, liabilities, costs, or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We always recommend all Internet Consumers ensure they have up-to-date virus checking software installed.

Golden Kestrel Tours acts as a travel agent. We arrange travel services and sell travel related products on behalf of suppliers such as tour and cruise operators, car hirers and accommodation providers. In doing so Golden Kestrel Tours gives no warranty nor makes any representation regarding the services to be supplied or the products purchased by you. Your booking will be subject to the terms and conditions applied by the provider of the service or products. You agree that if the travel services or products are not supplied in accordance with your booking your remedy lies with the service provider and not directly to Golden Kestrel Tours.

This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, GKT makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.

You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to GKT and by posting information on this Website, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and GKT other than pursuant to this Terms of Use. You acknowledge and agree that you will not hold or seek to hold GKT responsible for the content provided by any Operator or third party and you further acknowledge and agree that GKT is not a party to any transaction in relation to the Services provided by any Operator or third party. GKT has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.

By completing a booking, you agree to receive confirmation messages (in the form of emails as well as an invitation email(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the GKT website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity.

Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others

These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products and Services. These Terms and Condition constitutes the entire agreement between you and Golden Kestrel Tours and supersede any and all preceding and contemporaneous agreements between us. You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.

You may place an order with us by completing and submitting the order form on the Website. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.

We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.

If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

GKT operates an online platform that connects suppliers and consumers. GKT is not responsible for the verification or authenticity of a supplier and you accept that you are responsible for verifying the identity and authenticity of a supplier and its goods and / or services when you engage them for the provision of goods and / or services. GKT accepts no responsibility for purchases between a purchaser and a supplier, and you agree to indemnify and hold us harmless against any and losses, liabilities, expenses, damages, costs, proceedings, demands or claims arising out of, or in connection with, the provision of the Website and the use of the Services. The company reserves the right to cancel or withdraw the tour due to an insufficient group size, acts of strikes, riots, order from the Government of Malaysia which is beyond its control or for any reason whatsoever.

GKT reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at GKT sole discretion. GKT intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price. Whilst the Operators are required to provide GKT with accurate and updated prices of the Services on this Website, GKT cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.

What requirements do I need to be aware of before booking an experience?

You must comply with local laws and regulations when you go on an experience. An Operator may also require you to provide an identification document bearing your photo. For example, any other specific licences (ex: scuba certification, driver’s license) that are required for an experience will be stated

Skill level:

Some activities require different skill levels. View the requirements section of the experience page for specific details.

E-Ticket:

E-Tickets are admission tickets to one-time events ('Events'): the date(s) on which a E-Ticket can be used will be stated on the E-Ticket. If you do not use your E-Ticket on or by the date(s) noted on such E-Tickets, except as expressly set forth therein, no refunds will be granted. Please print your E-Ticket to be presented to the Operators when necessary. An Operator may also require you to provide an identification document bearing your photo in order to use your E-Ticket. Neither GKT nor the Operator is responsible for lost, destroyed or stolen E-Ticket. E-Ticket will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a E-Ticket in an unlawful manner (e.g., you attempt to use an E-Ticket for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.

All prices displayed on the Website are subject to change without notice. Where applicable, all prices listed are in Malaysian Ringgit (MYR), unless otherwise specified. All prices listed may either include or exclude GST (as applicable) and therefore are subject to the terms as displayed from time-to-time. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed. GKT reserves the right, at its absolute discretion, to prohibit you from entering into a transaction via the Website for any reason.

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Website are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).


GKT reserves the right to require payment of fees or charges for any Services offered by GKT. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.

Payment processing services for the Services are provided by MOLpay and Other (as context permits). GKT accepts no responsibility for any payment that occurs outside the Website and will not be held liable for any damages, liabilities, expenses, costs or losses suffered by Consumers as a result of engagement with a supplier via the Website.

Exchange Rates

You are required to pay the difference (if any) the fluctuating exchange rates of the respective countries as prices are stated in Malaysian Ringgit (MYR).

We accept all major credit cards and Alipay. E-gift cards and promotional vouchers must be entered at the check out page online only. Physical presentation of vouchers to GKT personnel will not be accepted.

We understand fully that changes may happen and therefore we try to make room for such incidences. The Return & Refund Policy may vary amongst Operators and each Service and Products, it will be conveyed to you at each Service and Products under T&Cs of each product on the Website. Cancelation windows vary on a case by case basis.

If you cancel your booking you may incur a cancellation charge. The amount of this charge will vary depending on when the cancellation is made and the terms and conditions of the supplier of travel services or product. GKT shall recommend alternative tours preferably to the same destination or other tours in the event of bad weather or any unforeseen circumstances during the trip.

In the case of a cancellation by GKT due to insufficient passengers or inability to secure seats or accommodation, GKT will refund the amount of money paid. We shall not be held liable to any person(s) as a result of the following:

      • ● Inaccuracy, wrong description or changes to any tour and its itinerary;
      • ● Extension of stay and flight arrangements that cannot be confirmed;
      • ● Deportation or refusal of entry to tour members by immigration authorities due to possession of unlawful items, improper travel documents or for behavior and activities considered as subversive by the foreign government concerned.

Please note that it will take within 14-28 working days for the approval of your refund request where applicable. Refunds (if any) shall be made in the same currency paid by you upon reservation through your credit card company in due course and due process. Any losses incurred due to currency exchange rates shall be borne by the customer. - Refunds will be processed in MYR as stated on the selling price.

It is your own responsibility to ensure the following possession of valid travel documentation required to perform the trip:-

  • ● An international passport or other recognized travel documents that is valid for at least six (6) months from the date of return to the country of origin; and/or
  • ● The necessary visa and vaccination and health certificates as required by the various authorities of the countries to be visited GKT shall not be held responsible or liable for any expenses, reimbursement or refund of tour prices if any tour member is refused entry or deported by immigration authorities resulting from the possession of unlawful items or holding improper travel documents or any other causes, or whose behavior and activities are considered to be detrimental by a foreign government/authority/country.

It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements. As visa and health requirements are subject to change without notice, GKT recommends that you verify health and visa requirements with the appropriate consulate prior to departure. GKT strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

We do not guarantee or warrant that you will be granted valid travel permits applicable to you. We do not have any responsibility to notify you or indemnify you in the event that you suffer losses or damages relating to your lack of visa or travel permits (including, but not limited to, refusal of entry, deportation).

You may purchase e-gift cards for use on the Website by you or other Customers. These e-gift cards will be sent by email. E-gift cards cannot be used to buy further e-gift cards. E-gift cards does not accrue interest nor does it have a cash value. Gift Cards are valid for a year, and are strictly non-refundable and non-extensible. Gift Cards are to be redeemed in a single transaction.

Store credit is credit that you can use towards the purchase of an item from our Website. It comes in the form of an electronic voucher. Store credit is valid for 1 year from its date of issue. Store credit is strictly non-refundable, non-extensible and non-transferable. We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers. The credit of a promotional voucher does not accrue interest nor does it have a cash value. For cash vouchers stipulated for a RM xx sum, If you choose to return the product, you will not be refunded the value of the cash voucher.

GKT reserves the right to change the Terms and Conditions and Policies in respect of the GKT Products and Services offered. You are responsible for regularly reviewing these Terms and Conditions including such additional, modified or varied terms posted from time to time. Your continued use of GKT Website shall constitute your acceptance of the Terms and Conditions. GKT may at any time modify these Terms and Conditions without notice to you and your usage of the GKT Website shall be conditional upon the Terms and Conditions in force at the time of your use.