Terms & Conditions
Experience Enthusiasts Solutions (“Experience Enthusiasts”, “we”, “us” and “our”) accepts bookings subject to the following conditions. Please note, the information appearing in our brochure and any other relevant information on our website form part of your contract with Experience Enthusiasts.
- The Contract
1.1. The contract is between Experience Enthusiasts and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by Experience Enthusiasts including any person who is added or substituted after booking.
1.2. Other than a director, no Experience Enthusiasts employee has authority to vary or omit any of these terms.
1.3. We do not promise any discount or refund unless it is confirmed by us via our e-mail or our website.
- Tour Bookings
2.1 To secure a booking, Experience Enthusiasts must receive payment of a minimum deposit of 30% of the total tour price, per person, (or full payment if booking is less than 90 days of the start of your tour). After we have sent you a booking acknowledgement e-mail, the deposit is required to be paid within 7 days. If no deposit is paid within 7 days, the booking will be cancelled.
2.2 If any supplier requires additional payment at the time of booking or prior to balance due date, a higher deposit may be required. For instance, full payment for a service such as your flights may be required at the time of booking.
2.3 The applicable deposit will be confirmed at the time of booking. All clients, whether booking via our e-mail or our website, will be deemed to have agreed to the following conditions.
a. They have read and accepted our booking conditions contained in our brochure and/or on our website.
b. They accept the risks involved in adventure travel.
c. They do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour. If any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking, so that we can advise.
d. The person making the booking must be at least 18 years old and has full authority to enter a contract based on these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
2.4 A booking is accepted only from the date when Experience Enthusiasts issues a confirmation invoice to the client who makes the booking. Any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking.
2.5 Experience Enthusiasts reserves the right to decline any booking at our discretion.
2.6 We will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone if we cannot contact you by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions.
- Tour Payment
3.1 The balance payment must be received by Experience Enthusiasts not later than 60 days of the start of the tour.
3.2 In the case of non-payment of the balance by the due date, Experience Enthusiasts deserves the right to treat the booking as canceled and cancellation charges will apply.
3.3 You can pay the deposit and full amount by bank transfer only.
- Booking Amendment
4.1 We will incur an administration fee of MYR 200.00 per booking plus any additional charges if a confirmed booking is changed or transferred to a different departure date or tour, up to 60 days prior to departure. Thereafter, all changes will be treated as cancellations and subject to the charges at Section 5: Booking Cancellation.
4.2 If a client is unable to travel and Experience Enthusiasts considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person. However, tour arrangements must remain the same as originally booked.
4.3 If a transfer can be made, an administration fee of MYR 200.00 per person is charged. After the balance due date, it is not possible to transfer a client’s place to another suitable person.
- Booking Cancellation
5.1 If the client wishes to cancel a booking, cancellation charges will be imposed. These are calculated from the day a written notification to our e-mail or to our website is received by Experience Enthusiasts.
5.2 The deposit is not refundable. After you have made the full payment, the following is the refund that you will receive if a cancellation is made.
a. 60 and more days before tour start date – retention of deposit
b. 45-59 days before tour start date – 50% of balance
c. 30-44 days before tour start date – 25% of balance
d. 0-29 days before tour start date – 0% of balance
Total tour fee: MYR 2000.00
Deposit: MYR 600.00
Balance: MYR 1400.00
The deposit of MYR 600.00 is not refundable. If you decided to cancel this tour after you have made the full balance payment, you will receive the following refund for this tour.
45-59 days before the tour start date – MYR 700.00
30-44 days before the tour start date – MYR 350.00
0-29 days before the tour start date – MYR 0.00
5.3 Amendment charges are not refundable in the event of cancellation.
5.4 Part cancellation of a booking will incur 100% cancellation charges. For instance, if you would like to cancel single supplements, optional activities or extras.
- Tour Amendment by Experience Enthusiasts
6.1 Experience Enthusiasts reserves the right to change and correct errors in any of the facilities, services and itineraries described in the brochure and/or on our website at any time before or after your booking is confirmed.
6.2 If a major change must be made, Experience Enthusiasts will inform the client as soon as possible, if there is time before departure. We do not promise not to make any major changes unless we are forced to do so by force majeure.
6.3 A major change is a change made before departure which we can reasonably expect to have a major effect on your tour. Major changes include changes made before departure where the tour date is changed or a major itinerary re-routing is required. A change of airline, mode of transport and named accommodation are not major changes.
6.4 If a major change before departure is advised, the client will have a choice of accepting the changed arrangements, purchasing another available tour from Experience Enthusiasts (paying or receiving a refund in respect of any difference in price) or cancelling the tour with a full refund.
6.5 We are not responsible for any visa, vaccination or similar costs in the event of any change by us. We are also not responsible for any cancellation, amendment or other charges you may incur in relation to any arrangements which you must change or cancel because of any change to your tour. As such, you are advised only to book fully flexible connecting transport and other arrangements which can be cancelled or changed without charge.
6.6 We may be forced by “force majeure” to change or terminate your tour after departure. This is very unlikely but if this situation does occur, we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur.
- Tour Cancellation by Experience Enthusiasts
7.1 Experience Enthusiasts reserves the right to cancel a tour but will not cancel a tour which is less than 30 days before the start of a tour except for force majeure, or the client’s failure to make all payments (including the final balance and any surcharge) when due.
7.2 Experience Enthusiasts tours require a minimum number of participants. If any tour does not have the minimum number of participants required, we are entitled to cancel it. We will notify you if there is a cancellation for this reason not less than 30 days before the start of the tour.
7.3 If there is time to cancel before departure and the cancellation does not result from your failure to pay, we will offer you a choice of purchasing an alternative tour offered or another available tour from Experience Enthusiasts (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund.
7.4 We are not responsible for any visa, vaccination or similar costs in the event of any cancellation by us. We are also not responsible for any cancellation, amendment or other charges you may incur in relation to any arrangements which you must change or cancel because of any change to your tour. As such, you are advised only to book fully flexible connecting transport and other arrangements which can be cancelled or changed without charge.
7.5 No compensation or refund will be payable if we cancel because of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
8.1 Should the client have a complaint about any of their tour arrangements, the client must tell both the relevant supplier and Experience Enthusiasts’ representative at that time.
8.2 Failure to complain on the spot will nullify the client’s ability to claim compensation.
8.3 If the client’s complain cannot be resolved on the tour, they should notify Experience Enthusiasts by e-mail within 30 days of their return from the tour.
8.4 Claims which apply principally or exclusively in respect (or because of) illness or physical injury are not admissible for settlement.
- Client Responsibility
9.1 Clients must provide information we ask for and are responsible to provide accurate information to Experience Enthusiasts. Experience Enthusiasts will not accept responsibility for any problems or additional cost that arise from inaccurate information provided by the client.
9.2 Clients must agree to accept the authority and decisions of Experience Enthusiasts’ employees, tour leaders and guides whilst on tour with Experience Enthusiasts.
9.3 If in the opinion of a person in a position of authority (for example, tour leader, tour guide, customer experience representative, airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party or the safety, comfort or happiness of the tour, the client may be excluded from all or part of the tour without refund or recompense.
9.4 Where a client is excluded, Experience Enthusiasts will have no further responsibility towards them and we will not meet any expenses or costs incurred because of the exclusion.
9.5 In the case of ill health, Experience Enthusiasts may decide as it sees fit and recover the costs thereof from the client.
9.6 If a client commits an illegal act, the client may be excluded from the tour and Experience Enthusiasts shall cease to have responsibility to/for them. No refund will be given for any unused services.
9.7 When you book with us, you have accepted responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made direct to the accommodation owner, manager or supplier or to us as soon as possible.
9.8 Any clients who have taken part in racist/offensive/abusive or other form of discriminatory behavior to clients, guides, or any other people associated with Experience Enthusiasts tour will be excluded from the tour and will receive a zero refund for any missed services or accommodation.
9.9 If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements because of any medical condition or disability, please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking.
9.10 You must give us full details at the time of booking and whenever any change in the condition or disability occurs.
9.11 If a client deviates from the itinerary confirmed by Experience Enthusiasts, Experience Enthusiasts will hold no responsibility for that client. The client will not receive a refund on any missed services or accommodation during the remainder of the tour.
- Passports & Visas
10.1 Clients are responsible to arrange and must be in possession of, a valid, acceptable passport and any visas required for the whole of the tour.
10.2 We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.
10.3 If you fail to have any necessary travel or other documents that results in fines, surcharges or other financial penalty being imposed on us, you will be responsible to reimburse us accordingly.
- Travel Insurance
11.1 Clients and their personal property during the tour are solely at their own risk.
11.2 Clients are responsible to arrange their own insurance.
11.3 Clients’ travel insurance arrangements should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their tour.
- Force Majeure
12.1 We cannot accept liability or pay any compensation where the performance of our obligations under our contract with you is prevented or affected by you or suffer any injury, damage, loss or expense of any nature because of “force majeure”.
12.2 “Force majeure” means any event which we could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
- Experience Enthusiasts’ Responsibility
13.1 Bookings are accepted on the understanding that clients accept the possible risks inherent in adventure travel and that they undertake the tours featured in our program at their own volition.
13.2 We promise to make sure that the tour arrangements we have agreed as part of our contract with you to be handled with skill and care. Please note that it is also your responsibility to show reasonable skill and care.
13.3 We will not be responsible for any injury, illness or death, loss, damage, expense, cost or other sum or claim of any description whatsoever.
13.4 We cannot accept responsibility for any services which do not form part of our contract. This includes, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional activities booked during your tour do not form part of our contract as these are all arranged for you directly by the suppliers concerned.
13.5 The standards of, for example, safety, hygiene and quality may vary throughout the destinations. Services and transport in your tour might be lower than or different to those applicable to your country of origin.
13.6 We cannot accept any liability for any damage, loss or expense
a. which based on the information given to us by you concerning your booking prior to us accepting it, we could not have foreseen you would suffer or incur, or
b. which did not result from any breach of contract by ourselves, our employees or our suppliers.
- Optional Activities
14.1 Our tour leaders and guides may provide you with information about optional activities which do not form part of your pre-booked holiday arrangements and which are available in the area that you are visiting.
14.2 Optional activities are conducted by local operators or other providers who are entirely independent of us. They do not form any part of your contract with us.
14.3 We cannot accept any liability on any basis in relation to optional activities. We do not guarantee that any optional activity or excursion mentioned in our brochure or on our website to be available to book during your holiday and/or will operate as advertised as these services do not form part of our contract and are not under our control.
14.4 We will not be liable if you cannot, for whatever reason, book any such activity or if the activity or does not operate as advertised.
15.1 We cannot accept any liability for any change, cancellation or delay in your transportation from or to your country of origin, or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown or any other circumstance outside our control.
15.2 Any delays suffered by a client resulting in missed services or accommodation provided by the tour will not receive a refund from Experience Enthusiasts.
- Late Bookings
16.1 For bookings received within 60 days of the start of your tour, we reserve the right to pass on any extra costs incurred.
16.2 For bookings received within 60 days of the start of your tour, the contract between Experience Enthusiasts and the client comes into existence as soon as the full payment has been received by Experience Enthusiasts.
16.3 Late bookings are required to wait until they get an e-mail confirmation before booking flights and other additional costs. There will be no compensation paid for any flights or additional costs paid on a tour which is unavailable if booked before receiving an e-mail confirmation from Experience Enthusiasts.
- Website, Brochures & Information Package
17.1 The information contained on our website, in our brochure and in our information package, is believed correct to the best of our knowledge at the time of publication. However, errors may occur and information may subsequently change.
- Data Protection & Privacy
18.1 To process your booking and brochure requests and to provide your tour, we need to collect certain personal details from you.
18.2 These details will include, the names and contact details of party members, payment details and special requirements such disabilities or medical conditions which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs.
18.3 We will store and use your personal details for future marketing purposes. All details you give in connection to your booking will be kept but we will use only names and contact details for marketing purposes. We will not sell, rent, trade or give away any of your personal information for any purpose.
18.4 Experience Enthusiasts will take photos and record images, voices and videos throughout the duration of your tour. We may take photos and record images, voices and videos of you or your likeness. Experience Enthusiasts will fully own the copyrights of the photos, images, voices and videos. We may copy, modify, publicly distribute, publicly perform and display the photos, images, voices and videos for any lawful purpose, including for example such commercial purposes as publicity, illustration and advertising. Such uses may be in all formats and via all media or modes of distribution, including without limitation, electronic media and print media.