Terms & Conditions

Top Peak Travel

Top Peak Travel – Terms & Conditions

 

By booking or participating in a tour and any related products or services (a “Tour”) with Top Peak Travel Sdn. Bhd. (“Top Peak”, “Top Peak Travel”, “Top Peak Travel Borneo”, or “us”), you (“you”) agree to these Terms & Conditions (“Terms”).

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Top Peak Travel.

 

Purchases made Online

Completion of an order online shall be deemed to constitute the acceptance of the Booking Terms and Conditions by you and any person(s) named in the booking.

Your online booking is confirmed and a contract exists when Top Peak Travel issues a written confirmation after receipt of full payment. Please check your confirmation carefully and report any incorrect or incomplete information to Top Peak Travel immediately.

By booking on behalf of other persons, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Top Peak Travel if any changes or cancellations are required, and keeping all persons named in the booking informed.

Bookings Pending Confirmation

In some instances our products cannot be instantly confirmed for booking.  In these instances the status of your online booking will be set to “Pending” and a hold for the booking amount will be placed on your method of payment.  

Upon confirmation of your booking, you will be notified as stated above.

 

Cancellation and Validity of a Tour by Top Peak Travel

Top Peak Travel guarantees that all scheduled Tour departures booked and secured with a valid payment will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available by contacting Top Peak Travel. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by Top Peak Travel before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Top Peak Travel:

(a) a substitute Tour of equivalent value; or

(b) a substitute Tour of lesser value if no Tour of equivalent value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or

(c) a full refund of all monies paid for the cancelled Tour.

Top Peak Travel is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including but not limited to visas, vaccinations, non-refundable flights, or other fees, loss of earnings, or loss of enjoyment. Top Peak Travel reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, Top Peak Travel will make suitable alternative arrangements, where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Top Peak Travel may provide you with a refund for unused products or services as determined at our discretion.

 

Special Requirements and Medical Conditions

Any special requirements must be disclosed to the Top Peak Travel at the time of booking. Top Peak Travel will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited.  

Certain activities may be inaccessible to you if your mobility is limited in any way, you have certain medical conditions which limit physical activity, or you are pregnant.

All food allergies and dietary restrictions must be disclosed to Top Peak Travel at the time of booking. Top Peak Travel cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the Contract between you and the Top Peak Travel.  Top Peak Travel is not liable for any failure to accommodate or fulfill such requests.

If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must disclose this condition to Top Peak Travel prior to or at the time of final payment for the applicable booking.  Top Peak Travel may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

Top Peak Travel reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Top Peak Travel determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Top Peak Travel at the time of booking. Top Peak may refuse to carry women who are over 24 weeks pregnant.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions.  It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with Top Peak Travel may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities you may visit on your Tour varies and the Top Peak Travel makes no representations and gives no warranties in relation to the availability or standard of medical facilities.

 

Force Majeure

Top Peak Travel shall not be liable if the Company fails to fulfill its obligations hereunder, when such failure is due to an act of God, or other circumstances beyond its reasonable control, including but not limited to natural disaster, fire, flood, civil commotion, riot, war (declared and undeclared),terrorist acts, revolution, or government action.

 

Liability

Top Peak Travel, it’s affiliates, and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and any loss or damage due to delay, cancellation, or disruption in any manner caused by Force Majeure. You waive any claim against the Top Peak Travel for any such loss, damage, injury, or death.

 

Insurance

Top Peak Travel is insured under a tour operator liability insurance policy. 

We highly recommend that you purchase a comprehensive travel insurance policy for your trip.

 

Acceptance of Risk

You acknowledge that the products and services offered by Top Peak Travel may involve a significant amount of risk to your health and safety. By purchasing a Tour from Top Peak Travel, you acknowledge that you have considered any potential risks to health and safety. You assume responsibility for all such risks and release the Top Peak Travel from all claims and causes of action arising from any losses, damages, injuries, or death resulting from risks inherent in the Tour(s) you have purchased.

Top Peak Travel requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) when you purchase a Tour online from Top Peak Travel.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities.  You agree that Top Peak Travel is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in the locations where Top Peak Travel’s Tours are operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of Malaysia and of any regions of Malaysia you visit. Should you fail to comply with applicable laws and regulations, or commit any illegal act when on Tour or, if in the opinion of Top Peak Travel, your behavior is causing or is likely to cause danger, distress, or material annoyance to others, Top Peak Travel reserves the right to terminate your participation on the Tour, immediately, at your expense and without any liability on the part of Top Peak Travel.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Top Peak Travel or Top Peak’s suppliers for property damage, destruction or theft caused by you while on a Tour.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seat belts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Top Peak Travel is not liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour guide, or any other member of Top Peak Travel directly. Top Peak Travel assumes no liability for complaints that are not properly brought to our attention. Any complaint made after the completion of a Tour must be received in writing within 30 days of the completion of the Tour.

 

Cancellation and Refunds

Cancellation policy and refunds are determined on a Tour by Tour basis.  Refer to the cancellation policy of the Tour which you have booked.

You may cancel your booking by notifying the Top Peak Travel in writing. Cancellation fees apply to all confirmed bookings and will be determined with reference to the date on which notice of cancellation is received by Top Peak Travel, as follows:                                        

More than 30 days prior to Tour – Loss of deposit (if any).

30 day or less prior to Tour – 100% of total booking cost

Claims and Refunds for Unused Services

No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services, which are included in the tour prices but not utilized by the guest.

 

Images and Marketing

You agree that, while participating in any Tour, images, photos, or videos may be taken by Top Peak Travel, its representatives, or other participants that may contain or feature you. You consent to any such images, photos, or videos being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to Top Peak Travel to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

 

Changes to Terms and Conditions

Top Peak Travel reserves the right to modify the Terms & Conditions at any time and will post the amended Terms to this site.

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