Terms and conditions - Orangutravel

 By requesting and booking services through Orangutravel, the customer must have read and accepted these terms and conditions.

1. Definitions

Parties

Orangutravel is a website (www.orangutravel.com) and trademark of Salgari Oriental Sdn Bhd licensed to Bamboo Adventures Sdn Bhd, a licensed travel agent (KPL/LN 4816) in Petaling Jaya, Malaysia.
The services provided by Orangutravel and the respective responsibilities and liabilities are outlined and governed by the following terms and conditions between Bamboo Adventures Sdn Bhd (from now on “Orangutravel”) and a customer (individual, group of individuals or company entity) who become recipients of services provided by the company (from now on “travel products” or “services”) in exchange of a monetary payment (from now  the recipient shall be referred as “customer”).

Enquiries

Customers may request services by performing a booking enquiry, that is requesting services to be made available at a certain time and a certain place by the company. Enquiries do not generate any obligation for any of the parties and are solely meant to let Orangutravel supply travel products information and costing estimates to the customer.

Official communications channels

Enquiries should be sent through the company official communication channels which are the online contact form and the travel planner found at the Orangutravel website or through email. The official email domain authorized to accept enquiries and correspond with customers is @orangutravel.com. Any incoming email concerning Orangutravel products not belonging to such domain should be treated as spam or scam and the customer should notify Orangutravel of such occurrence. Orangutravel shall not be made liable of damages caused by internet frauds of third party individuals or companies posing as Orangutravel agents, although will act to protect its image and interests in such eventuality.

Submission of enquiries

The customer that wishes to purchase a travel product from Orangutravel, that is to become recipient of a service offered by the company, needs first to send an enquiry through the aforementioned channels. The available services offered by Orangutravel are found on the company website which the customer can browse according to location and category. Each travel product is described in detail in its own page of the Orangutravel website. By adding products to the travel planner, the online tool provided by Orangutravel website to formulate enquiries and estimates, the customer can gather a basic information on each travel product and its cost. The estimate supplied by the travel planner is intended to be an indicative approximation and could be subject to changes at the moment of booking confirmation and invoicing. Once the customer has submitted the request to Orangutravel, an official representative will get back to the customer to discuss the details of the services required and reach an agreement with the customer on nature, costs and the composition of the services.

Bookings

Once the services requested by the customer have been discussed with a representative from Orangutravel, the customer may confirm the reservation and Orangutravel will invoice the customer for the services to be booked. The list of services on the invoice (the customer’s “reservation”) consists of the list of services that are going to be booked at the specified dates and location once the customer will supply a payment according to the invoice specifications.

2. Terms of payment

In order to confirm a reservation (booking), the customer has to pay the invoice according to the terms of payment as on the invoicing document. Normally these consist of a 20% of the total amount due within 14 weekdays (excluding weekends, saturdays, sundays and Malaysian public holidays) since the invoice document date. If the customer does not pay the 20% amount (or otherwise amount as stated on the invoice document) within the specified term, the booking will be cancelled and the sales quotation previously sent to the customer shall be void. If the customer requests a new booking for the same services, the price may differ. Otherwise, submitting a payment within this term confirms the booking for the customer and the services requested will be reserved for the dates indicated on the invoice document. The remainin 80% (or otherwise amount as stated on the invoice document) must be paid within 30 working days (excluding weekends, saturdays, sundays, Malaysian public holidays) from the date where the earliest booked serviced is requested. Failure to submit a payment within this term may result in a penalty for the customer as regulated by these terms and conditions (see below). In case the services are requested for a date that falls short of the 30 days period for the due payment, Orangutravel, may require an immediate full (100%) payment of the requested services before the date of the first booked service.

Methods of payment

Customers can choose to pay with any of the methods of payment as stated on the invoice document. These normally include:

  1. Paypal® – customers can pay using Paypal as per invoice details.
  2. Bank transfer – customers may also choose to pay using a wire transfer at the bank coordinates provided on the invoice document. The transfer should include any currency conversion fees and bank transfer fees which are due to the customer. Failure in including bank charges in the payment may result in booking cancellation.
  3. Cash – This option is available only for those able to walk in at our office, within the terms of payment due dates indicated in the invoice document.

3. Accommodations

Many travel products by Orangutravel include accommodation in resorts, hotels, jungle lodges, bed and breakfasts, apartments, as well as other hospitality structures, as mentioned on each individual travel product page.

Accommodations booked through Orangutravel could have further internal regulations that the customer needs to adhere in order to stay at the hospitality structure’s premise and which may require the customers to read, approve and sign at the time of checking in. Such regulations extend the current terms and conditions document.

Check in and check out time

Unless otherwise specified by Orangutravel or the hospitality structure, rooms and accommodations booked through Orangutravel are to be considered to be made available to the customer (check in time) since 14:00 (2:00 pm) onwards of the booked day and to be cleared by the customer (check out time) within 12:00 (noon), independently of the travel itinerary or other products booked by the customer through Orangutravel or third parties.

Deposits and liability

Some accommodations may impose, according to their internal regulations, penalties or monetary fees to customers who breach any of their hospitality structure regulations – these may include failure to clear the accommodation premises (check out) within due time or damaging the accommodation facilities, furniture or equipment. Furthermore, some accommodations may request a deposit (by cash or credit card) which will normally be returned to the customer at check out, as per the hospitality structure regulation, or withheld in case of infractions of the hospitality structure own regulations. Orangutravel shall not be responsible of any fees which the hospitality structures may charge customers incurring in such penalties during their staying. Any complaints in such occurrences shall be directed to the hospitality structure and not Orangutravel.

Rooms and accommodations assignment

Orangutravel products inclusive of accommodations take in consideration, for the product cost estimate, different types of structures or room types within a single structure that matches the customer’s request in terms of budget expenditure and customer’s preferences. The customer may enquire about further details regarding the hospitality structures included in the booked products at the time of enquiry submission, before invoicing. In the eventuality that, after having placed a reservation, in case of an error or force majeure, the room or accommodation booked by the customer is by any means no longer available upon his arrival on the booked date, Orangutravel will replace the room or accommodation with one equivalent or superior according to the price paid by the customer for the room or accommodation originally paid for.

4. Customer’s obligations

a) General obligations – Customer must be at least 21 years old; if the customer is making a reservation on behalf of others, the customer needs to be authorized by every other person included in a booking under his or her name to act on behalf of them; customer must have read and accepted this document and any other document that extends this document as well as follow rules and indications by Orangutravel operators and staff members before and while travelling.

b) Personal documents responsibility – Each customer (and every single individual under his or her group) must always carry his or her personal identification documents such as ID card or passport if nationality is foreign at all times while travelling. These may also include driving license or other certificates, such as health certificates, that may be required by the Country, location, premises or structure where the services booked through Orangutravel take place. Customer is responsible for the security, validity and accuracy of his or her personal travelling documents. Orangutravel shall not be liable of loss, theft, damage, lack or inaccuracy of said documents. Orangutravel will provide in bona fide all the necessary information related to any documents required to travel in the booked destinations through Orangutravel; however, the information provided does not substitute that of official diplomatic channels and institutions such as travel information provided by embassies, consulates and authorities of the host Country in general, which may provide better and up to date information concerning validity and requirements of personal documents. Orangutravel shall not be liable of any damages or penalties that customers may incur in case of any issue pertaining validity of personal travelling documents brought by the local authorities, nor it can be held responsible of any sudden change in a Country regulations concerning personal documents matters, including cases where the action of the authority causes modifications or cancellations to the customer booked services.

c) Personal belongings – Each customer is personally responsible of each own belongings. Customers are invited not to leave any baggage or personal item unattended, including items left inside vehicles or third party premises. Customers are invited to use of safes or safety boxes in hotel rooms and accommodations facilities – whether this is not possible, to notify the hospitality structure management about items of value. Orangutravel recommends the subscription of travel insurances that protect against theft, damage or loss of valuable or personal items while travelling. Orangutravel, its staff members, tour guides, associates, partners and assistants shall not be held responsible of any loss, damage or theft, under any circumstances, of personal or valuable items belonging to its customers and its responsibility is limited to direct the customer to the nearest authority or police station to file a report. Furthermore Orangutravel shall not be responsible of further damages that the customer may experience in the eventuality that the loss of personal or valuable items  causes a delay or cancellation of one or more booked services.

d) Personal finances – Each customer is requested to carefully plan and responsibly manage his or her own personal finances while travelling on services booked through Orangutravel, in order to sustain daily costs and expenses not included in the services booked. Orangutravel, as well as its staff or third parties, representatives, agents, partners and associates, will not be able nor they will have any obligation in delivering any financial assistance to customers who may find themselves lacking of personal money or funds to continue travelling or paying for personal expenses of any kind even if such condition is the result of theft, loss, damage of personal money, such as wallet, banknotes, credit cards, cheques, etc. Customers finding themselves in such situations are invited to seek assistance of local authority (police) and, in case of foreign nationals, to contact their embassy or consulate in the Country. Orangutravel shall not be held responsible of any cancellation or modification of travel itinerary of the services booked by the customers who might found himself or herself to halt his or her journey due to financial reasons, and it recommends its customers to subscribe a travel insurance policy that offers protection in such occurrences.

e) Respect of the law – All customers must adhere and respect the host Country local laws and regulations where the booked itinerary and services take place. Observation of the local law is extended to local customs – social, behavioural and religious – which may differ from those found in the Country or place of origin of the customer. Orangutravel shall not be held responsible of any action that the local authority may undertake if a customer breaches local laws or customs, which may include penalties and punishments, monetary or even physical, nor it may be held responsible of the accuracy or lack of thereof of information on the host country’s laws and regulations. Furthermore, Orangutravel does not have any obligation to provide any legal assistance in case of arrest, imprisonment or trial, nor it has to refund damages occurred in such circumstances, even if they affect booked services. In such cases, foreign customers should seek assistance from their own embassy or consulate in the host Country.

f) Punctuality and adherence to the schedule – The customer is kindly requested to follow the travel schedule detailed in the invoice and the products booked and to be punctual and follow instructions of tour guides, Orangutravel staff members and associates that will follow or assist the customer for the duration of the booked services. Orangutravel shall not be held responsible of any damages caused by the customer lack of punctuality or diligence in following the travel schedules or regulations, that may impose a modification in the travel itinerary or the cancellation of booked services whose cost shall not be refunded or compensated. Furthermore, the customer cannot unilaterally decide to change the programmed itinerary, that is each booked product schedule as agreed at the time of booking and invoicing. The tour guides, staff members or associates delivering the booked services have no power in changing the scheduled itinerary following a customer’s request. Such requestes should be directed to Orangutravel through its official communication channels and authorized solely by Orangutravel management. Approval of itinerary or schedule modification is not guaranteed. Any change of itinerary or schedule requested by the client and approved by Orangutravel may cause further charges or fees to be paid by the client as agreed in each single case.

g) Complaints – Customers are kindly requested to report to Orangutravel management any fault, discomfort or disservice directly connected to the services booked occurred while travelling. Promptly notifying Orangutravel will allow the management to solve an issue or offer the customer solutions to the problems experienced, as well as coordinate its own staff and associates to improve the quality of service. Lack of prompt communication by the client of any issues while travelling which may have otherwise given Orangutravel the possibility to solve the issue on time by offering the client an immediate solution, refund or compensation, may exclude the chance that Orangutravel will be held responsible of any damage occurred by lack of communication on behalf of the client of a problem occurred if the complaint is issued later.

h) Communication of special needs and personal conditions – Customers who have special requests or needs such as exceptional or particular health conditions (such as but not limited to pregnancy, dietary intolerances or allergies, physical disabilities, handicaps, syndromes, chronic diseases, infective diseases, mental conditions, vision, hearing or ambulatory issues, etc. ) or even just personal conditions (e.g. honeymooners, elderly age, children or infants, pets, smokers/non smokers, following a particular diet, religious necessities) should inform Orangutravel of these occurrences at the time of submitting a booking request. In presence of personal illnesses or medical conditions, Orangutravel recommends the subscription of travel insurance suitable to cover medical expenses. In case of medical emergencies, Orangutravel staff, tour guides, assistants, representatives and third party members will provide any assistance possible to connect the customer to a local physician or carry the customer to the nearest clinic or hospital, but it is not able to offer or deliver medical assistance itself, nor it can substitute an authorized medical doctor.

5. Cancellations

At any time, the customer may withdraw from one or more services booked through Orangutravel, without incurring in any penalty or fee in the following cases:

  1. Orangutravel notifies the customer that, in order to deliver a serviced booked by the customer, there’s a price change for that travel product exceeding 10% of the invoiced price;
  2. Orangutravel notifies the customer that one or more booked services have been cancelled or will have a substantial change in itinerary or schedule, to the point that the nature of the service substantially changes into a product radically different than what was previously presented and promised to the customer; in such occurrence, though, Orangutravel will also offer the customer the choice of an alternative service of equivalent or superior value; if the customer is already travelling and there’s no alternative service replacement or the customer does not accept any replacement, Orangutravel will also offer, as  a further alternative, a transfer to the nearest location where the next booked service is supposed to take place or the neareast airport and a partial refund.

The customer intending to withdraw from one or more services under the two conditions above, must notify Orangutravel within 7 week days (excluding saturdays, sundays and public holidays of Malaysia) since Orangutravel has notified the customer of the modification of the booked products. In case of lack of communication on the client’s behalf, Orangutravel will treat the modifications as accepted by the customer. Otherwise, Orangutravel will refund the customer that intends to withdraw at the conditions above, of the amount of money corresponding to the services withdrawn without any additional fees of charges.

For cancellations, modifications of withdrawals not falling in the two aforementioned conditions, Orangutravel may refund the customer but retain a 5% processing fee, upon Orangutravel sole discretion. In such occurrence, any further money transfer fees or currency conversion fees imposed by banks or payment gateways processing the refund shall be on behalf of customer.

Furthermore, in case the customer intends to cancel one or more of his bookings under conditions that do not fall in the cases described above, Orangutravel may apply penalty fees if there are less than 30 week days (excluding saturdays, sundays and public holidays of Malaysia) remaining since the first scheduled booked service is supposed to be delivered. For 30 working days within such date, the fee will amount to 10% of the cancelled services value. The fee will become 25% if there are 21 or less working days remaining; 50% if 15 or less. Cancellations requested before 7 days shall be treated as “no show” and 100% of the paid amount shall be retained by Orangutravel without any refund possibility for the customer. Exceptions to the above rules are possible only under Orangutravel’s sole decision.

6. Substitutions

A customer (or a group of customers) that finds himself or herself unable to travel but do not want to withdraw and cancel the booking, may decide to pass the reservation to a third party. Orangutravel will accept substitions as long as these are notified within 7 working days (saturdays, sundays and public holidays of Malaysia excluded) since the first booked service is scheduled to take place. After such term, it is of Orangutravel sole discretion to accept the substitution or consider the case as a cancellation. In case of acceptation, the new group of travellers should not exceed in number the number of people of the group being substituted. In such occurrence, additional fees may charged and availability of some services may not be guaranteed to the new persons joining. The customer that originally booked the services must be authorized by the persons substituting its group and the new individuals joining the trip must have read and accepted the terms and conditions document.

7. Refunds

A refund, total of partial, resulting by any cancellation of serviced booked under the cases described in this document, shall be issued from Orangutravel on behalf of the customer within 14 working days (saturdays, sundays and Malaysian public holidays excluded) since the refund has been approved and the customer notified. Refunds shall occur using the same payment method that the customer originally chose to submit the payment that is refunded, unless otherwise agreed by both parties. Orangutravel shall not be held responsible of any transfer fees or currency conversion fees imposed by banks or institutions responsible for the money transfer, but will not charge the customer any additional fees – unless the customer in the first place, while submitting a payment, has charged Orangutravel of any transfer fees which as such may not be not refundable.

8. Insurance

Vehicles, hospitality structures and other premises where services and travel products booked through Orangutravel take place, are all insured according to the specifications of local law. However, such insurance policies are limited and do not constitute a full travel insurance policy which Orangutravel otherwise advises its customers to subscribe in advance of a trip, to cover any direct and indirect damages resulting from unforeseen events such as national and international flights cancellations, aircraft accidents, air disasters, forced repatriation, repatriation of remains; cancellation of services due to causes of force majeure, such as natural disasters, environmental emergencies, terrorism; kidnapping, accidents, injury, death, evacuation by helicopter; theft and loss of baggage and personal items or documents, etc. None of the Orangutravel services or the hospitality structures booked through Orangutravel provide any form of insurance against such eventualities.

9. Claims and litigations

Any disservice, discomfort, damage, error, problem occurring during the execution of the booked services should be notified by the customer to Orangutravel promptly, to give the opportunity to the company to find a solution and offer immediate action. If Orangutravel is not notified of any exceptional situation while the customer is travelling, may not present a refund request later. Furthermore, if the client still intends to present a refund request, he or she will have to contact Orangutravel within 15 days (excluding saturdays, sundays and Malaysia public holidays) from the last day after the last booked service took place. Failure to present a request within this term will void any request submitted later.

In case of legal disputes between the customer and Orangutravel, the court of competence is that of Kuala Lumpur, Malaysia. In case this document is being translated in languages other than English and an interpretation conflict arises, the English version shall have priority above all other translations.