Terms and Conditions

About these terms

1. You accept to all of the terms and conditions listed throughout the booking process when you complete your reservation.
2. In the event that any provision of these Terms is (or becomes) void or unenforceable:

• It will still be carried out to the fullest extent permitted by the law.
• – you will continue to be governed by the Terms in its entirety.

3. The original of these Terms is in English. The Terms as they exist in English will be applied if there is any disagreement regarding the Terms or any inconsistency between the Terms in English and another language. (At the top of this page, you can change the language.)

About Sekawantravel.com

1. Sekawantravel.com provides and is accountable for the Platform, but not the Travel Experience itself, when you book a package, course, or attraction.

2. Sekawan Travel & Tours Sdn Bhd provides and is responsible for the Platform, but not the Travel Experience itself, when you book a rental car or private transportation.

3. We collaborate with businesses that offer local support services (e.g. Customer Support or account management). They dont:

• control or manage our Platform
• have their own Platform
• have any legal or contractual relationship with you
• provide Travel Experiences
• represent us, enter into contracts, or accept legal documents in our name
• operate as our “process or service agents.”

Our Platform

1. We provide our Platform with reasonable care, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). We will do everything we can to correct/fix any inaccuracies as quickly as we can, but we cannot be held liable for any disruptions, errors, or missing information to the fullest degree authorised by law.

2. Our Platform does not recommend or endorse any Service Provider or any of its products, resources, infrastructure, cars, etc.

3. The agreements between you and the service provider do not include us. The Travel Experience is exclusively the Service Provider’s responsibility.

4. You might need to create an Account in order to make a Booking. Make sure all of your information is accurate and current, including payment and contact information, or you might not be able to access your travel experience (s). Keep your login and password private because you are accountable for anything that occurs with your Account and should not allow anyone else to use it.

5. We’ll provide your options to you in (what we believe to be) the most appropriate language. Alternate languages are available at any time.

6. If not stated otherwise, you must be at least 18 to use the Platform.

Our values

1. Uphold our principles

• Use the Travel Experience and/or Platform for their intended purposes.
• Comply with all applicable laws.
• Cooperate with any anti-fraud/anti-money laundering checks we need to do.
• Do not use the Platform to make fake bookings or create a disturbance (or anyone else, for that matter).

 

Prices

1. You agree to pay the cost of the Travel Experience, including any applicable taxes and fees, when you make a Booking.

2. The prices you see might have been rounded up or down to the nearest whole number in some cases. You will be charged based on the original, “non-rounded” price (although the actual difference will be tiny anyway).

3. Misprints and obvious errors are not legally binding. For instance, if you book a vehicle or a dive package at a dive resort that was in mistakenly advertised for RM1, we may cancel the Booking and issue a full refund.
4. Crossed-out costs includes like-for-like costs. Making a reservation without the price reduction (where “like-for-like” refers to the same dates, policies, quality of the package, car, class of travel, etc.).

 

Payment

1. The service provider may need an upfront payment or a payment made during your travel experience for certain products or services. In the event that we manage your payment, we (or, in certain situations, our associate in the nation your payment originates from) will be in charge of handling your payment and making sure your deal with our Service Provider is completed. Your payment here represents complete settlement of the “due and payable” fee.

2. When you make a booking, if the Service Provider requests an upfront payment, it could be taken or pre-authorized and might not be refundable. Check the Service Provider’s Upfront Payments policy before to making a reservation as we have no control over it and are not liable for it.

3. Contact your payment provider if you have any information about fraud or unauthorised use of your payment method. Your payment provider may cover any ensuing expenses, maybe for a fee.

4. We may: – display prices in your own currency – provide you with the option to pay in your own currency if the platform’s chosen currency is different from the one used by the service provider.

When checking out, in the Booking details of your Account, or (if you don’t have an Account) in the email we send you, you can view our currency conversion rate. If we do charge you for any of these services, the cost will be indicated as a percentage over rates set by the Malaysian Central Bank. You can be charged a foreign transaction fee by your card’s issuer.

5. After receiving your consent, we will save your Payment Method information for upcoming transactions.

 

Accessibility requests

1. Contact our Customer Service team if you have any accessibility requirements regarding our Platform, services, and/or your travel experience.

Insurance

1. Refer to the policy document(s) for the terms and further information if you purchased insurance through our platform. Insurance is not covered under these Terms.

 

Open/Closed season

1. The Open/Closed season rate is a discounted rate offered by participating Service Providers for certain products/services.

Intellectual property rights

1. Except where otherwise noted, Sekawantravel.com (or its licensors) owns all rights to the technology, content, trademarks, look and feel, and other elements of our Platform. By using our Platform, you agree to use it only for the purposes for which it was designed and to adhere to the terms and conditions listed below:

• Without the express written consent of Sekawantravel.com or its licensors, you are not permitted to monitor, copy, scrape/crawl, download, reprint, or otherwise utilise anything on our Platform for any commercial purpose.
• We closely monitor each visit to our platform, and we’ll immediately block any user (or automated system) we suspect of:
• Doing an excessive number of searches
• Utilising any tool or software to acquire data (such as prices or other information)
• Taking any action that places an undue burden on our platform.

2. You attest that any image you upload to our platform (for example, for a review) meets our requirements and that:

• You may share it with us, and we may use it on our platform and in connection with other commercial purposes (including in a promotional context).
• It is truthful (for example, you haven’t altered the picture or uploaded one of a different property).
• It doesn’t contain any viruses. It doesn’t violate anybody else’s privacy rights, and you take full responsibility for any legal claims made against Sekawantravel.com as a result of it. (If you let us know we can no longer use it, we’ll consider any such reasonable request.)

3. Just to be clear, any image posted to our platform is not our responsibility or liability, and we have the right to remove any image we see fit (e.g. if a picture does not meet the above criteria).

What if something goes wrong?

1. Get in touch with our customer service team if you have a query or concern. You can do this by going to our Help Center or our app and accessing your Booking. You can assist us in assisting you as soon as possible by providing:

• Your name, address, phone number, PIN (if you have one), and the email address you used to make the reservation.
• A brief description of the problem and how you want us to help.
• Any supporting documentation (e.g. bank statement, pictures, receipts, etc.)

2. All inquiries and grievances are documented, with the most urgent ones receiving the highest priority.

3. We make an effort to settle disagreements internally, and we are not required to participate in any alternative dispute resolution processes conducted by third parties.

Communication with the Service Provider

1. We might facilitate communication between you and your service provider, but we can’t promise that they’ll listen to what you have to say or comply with your requests. The mere fact that you or they get in touch with one another does not constitute cause of action in and of itself.

Measures against unacceptable behavior

1. We reserve the right to prohibit you from using our Platform, our Customer Service, or your Account, as well as to prohibit us from cancelling any Bookings you have already made. Of course, we’ll only take this action if we believe there to be a compelling reason, such as:

• Fraud or abuse; non-compliance with Our values; violation of applicable laws or regulations; improper or illegal conduct (such as violence, threats, or invasion of privacy) in respect to us, any of the businesses we partner with, or anyone else for that matter.
• You won’t be eligible for a refund if we have to cancel a Booking as a result. Unless doing so would (a) violate any applicable laws and/or (b) prohibit or impede the investigation or prevention of fraud or other criminal acts, we may explain why we had to cancel your Booking. Contact our Customer Service team if you think your Booking was improperly cancelled by us.

 

Limitation of liability

1. We will only be responsible for costs you incur as a direct result of our failure, to the extent permitted by obligatory consumer law. We won’t be responsible for any of the following, to the fullest degree authorised by law:

• Indirect damage or indirect loss
• False information about a service provider – a service provider’s or another business partner’s product, service, or conduct – an error in an email address, phone number, or credit card number (unless it’s our fault)
• A force majeure or unavoidable circumstance.

2. To the extent permissible by law, if you violate either these Terms or the terms of the Service Provider:

• You won’t be eligible for a refund, and – we won’t be responsible for any costs you incur as a result.

3. The most that we or any Service Provider will be liable for (whether for a single incident or a series of related ones) is the price of your Booking, as specified in your confirmation email, to the extent that is permitted by law.

4. These conditions do not restrict our (or the Service Provider’s) responsibility for either I carelessness that results in a death or personal injury or (ii) fraud or fraudulent misrepresentation.

5. Aside from what is specifically stated in these Terms, we don’t provide any guarantees about the products and services provided by Service Providers. You are only responsible for making the best decision(s).

6. To be clear, neither the Service Provider nor any other party will have any rights under these Terms.

7. Mandatory consumer protection laws and regulations may shield you from harm and grant you rights that no contract you sign with a firm may revoke. In that situation, in addition to these Terms, any applicable consumer protection laws and regulations also govern our liability.

 

Applicable law and forum

1. For package, course, car rentals, private/public transportation, and attractions, Malaysia law will be applied to the degree authorised by mandatory local (consumer) law.

2. Any issue will only be brought before Malaysia’s competent courts (for packages, courses, car rentals, private/public transportation, or attractions) to the degree permitted by necessary local (consumer) law.

 

Linked travel arrangements

1. If: once you’ve chosen and paid for one travel service, if you book additional travel services for your trip or vacation on the same visit to the Platform, or if you book additional travel services through a link we’ve sent you no later than 24 hours after we’ve confirmed your initial Booking with you, you will NOT be eligible for package rights, and we won’t be held accountable for the timely provision of those travel services. Contact the appropriate Service Provider with any queries.

2. Travel services in either of these scenarios will become a component of a linked travel arrangement rather than a package. In that situation, Sekawantravel.com has safeguards in place, as required by Malaysian law, to return any payments you have made to Sekawantravel.com for services that Sekawantravel.com was unable to provide due to its insolvency. In the event of the relevant Service Provider’s insolvency, this does not offer a reimbursement.

3. Customers outside of Malaysia who have bought several travel services through Sekawantravel.com that comprise Linked Travel Arrangements in accordance with the Package Travel Requirements have voluntarily been given access to this insolvency protection. The only payments covered by this extension are those made to Sekawantravel.com.

4. Please take note that contracts with parties other than Sekawantravel.com, which can be performed despite Sekawantravel.com’s insolvency, are not covered by this insolvency protection.

The specific terms for Packages/courses products and services.

Contractual relationship

1. Sekawan Travel and Tours Sdn Bhd will assist you to deal directly with the Service Provider when you make a reservation because we are a “contractual party.”

2. Owner and operator of the Platform is Sekawan Travel.

3. Not all of the Resort/dive operator’s goods or services may be displayed on our Platform, which only displays those that have a business connection with us.

4. The information we have about Service Providers (such as their locations, house rules, and sustainability initiatives) and their Travel Experiences (such as their costs, availability, and cancellation policies) is based on the information they give us. It is their responsibility to keep it accurate and current.

 

What we will do

1. We offer a platform for service providers to advertise and sell their packages so that customers can find, evaluate, and book them.

2. After you reserve your Package, we will send the Service Provider and yourself information about your Booking, including the names of the visitors (s).

3. Depending on the conditions of your Booking, we might be able to assist you in making changes or cancelling it.

What you need to do

1. Make sure that all of your contact information is accurate so that we and/or the Service Provider can inform you about your Booking and, if necessary, get in touch with you.

2. Carefully read these Terms as well as the ones that are displayed throughout the reservation process.

3. Maintain the Accommodation and all of its furnishings, fittings, electronics, and other contents, and leave everything in the same condition that you found it. Make sure to notify the staff as soon as you can, prior to checking out, if anything is lost, damaged, or broken.

4. During your visit, maintain the security of the lodging and its belongings. Don’t, for instance, leave windows or doors unlocked.

 

What else for you to know?

1. We, rather than the Service Provider, are paying for some of the discount you see. We merely cover a portion of the expense ourselves.

2. You might notice that some Service Providers mention a “damage policy” when you make a reservation. This means that if anyone in your group misplaces or damages anything:

• You should notify the Service Provider.
• Instead of charging you directly, the Service Provider will have 14 days to submit a damage payment request through our Platform, under your reservation number, If they do, we’ll let you know.
• After that, you can let us know if you have any questions or concerns, and if you agree, we’ll charge you on their behalf.

3. The amount the Service Provider may charge you under the damage policy through our Platform has a limit that is (displayed while you are booking).

4. The Service Provider and you would be the only parties to any payments you made. Simply stated, we would be organizing it for the Service Provider.

5. General cleaning, normal wear and tear, any crimes (such as theft), or any non-physical “damages” are not covered by the damage insurance (e.g. fines for smoking or bringing pets).

6. Prior to or at check-in, the service provider could request a “damage deposit.” If they do, we’ll let you know about it while you’re making your reservation, but it’s unrelated to the “damage policy.” No financial settlement involving damage deposits will involve us.

* If there is any damage, the Service Provider may choose to file a claim (in court) against you that is not covered by the damage policy, in which case the limit would not be applicable.

The specific terms for Car Rental products and services.

Contractual relationship

1. Your CarRental reservation is made either (a) with us or (b) directly with the Service Provider when you make a reservation. Either ways:

• The booking process is governed by our Terms. You will enter into a contract with us once we email you your booking confirmation.
• The CarRental itself is governed by the CarRental Agreement. You will enter into a contract with the Service Provider when you sign this at the CarRental counter, but you will see and agree to its major terms at the time you make your car reservation.

2. In the majority of circumstances, you’ll receive your booking confirmation right away. However, we won’t accept payment or email you your booking confirmation until the service provider has officially confirmed your rental, which may take some time.

3. In the event of a conflict between these Terms and the CarRental Agreement, the latter shall govern.

What we will do

1. We offer a platform on which service providers can advertise and market their travel experiences, and you can look them up, assess them, and make reservations.

2. We can’t guarantee you’ll get the exact make and model you booked (unless we expressly say so). You could obtain a similar car if the term “or similar” is included (i.e. the same size, type of transmission, etc.). The vehicle images are merely illustrative.

3. Following reservation of your car rental:

• We’ll provide you with Pick-up information, including the Service Provider’s contact information and information on what you need to bring.
• We’ll supply the Service Provider with the Booking data, including the Main Driver’s name and phone number.

What you need to do

1. You must give us all the details we require to make your reservation (e.g. contact details, pick-up time, etc.).

2. You must accept that these Terms and the Rental Agreement must be read and agreed to, and that failure to do so will result in:

• You might be required to pay extra fees.
• Your reservation might be cancelled.
• The staff at the rental counter might refuse to give you the keys.

3. You must review the requirements for your individual CarRental, as many details (such as the type of driver’s licence needed, the amount of the security deposit, the paperwork needed, the permitted forms of payment, etc.) differ for each Rental. Make sure to read this carefully:

• These Terms, which serve as a summary of the Rental Agreement’s major provisions
• The Rental Agreement itself, which you’ll receive at pick-up.

4. By the time of pick-up, you must be present at the rental desk. If you are late, the vehicle could not be available, and you won’t be entitled to a refund. If you believe you could be running behind schedule, get in touch with the Service Provider or us even if there has been a flight delay and you have given your flight number.

5. You can find out what the Main Driver needs during pick-up from the essential terms of your car rental. You must make sure they have everything they require (such as a driver’s licence, other required identification, and a credit card in their own name with enough available funds to cover the security deposit) when they arrive at the rental counter.

6. You must show the counter staff each driver’s full, valid driver’s license, which they must have held for at least 1 year (or longer, in many cases). If any driver has endorsements/points on their license, let us know as soon as possible, as the Service Provider may not allow them to drive.

7. You must make sure that any driver who was awarded a licence in Malaysia has a current licence prior to pick-up.

8. You must make sure that each driver has their own driver’s licence and an international driving permit, if necessary. All drivers are required to keep their driver’s licence (and, if applicable, an international driving permit) on them at all times.

9. You must make sure that every child, if necessary, has a suitable child seat.

10. In the event of an accident, breakdown, or other accident while you are renting a car, you must:

• Keep all supporting documents (such as repair bills, police records, etc.) to share with us, the Service Provider, or an insurance company.
• Contact the Service Provider. Do not authorise any repairs without the Service Provider’s consent.

 

Additional costs and fees

1. The Service Provider frequently levies a young driver fee for any driver who is under a specific age (e.g. 25). For any driver who is older than a specific age, they may sometimes impose a senior driver fee (e.g. 65). You must indicate the Main Driver’s age when making a reservation on our platform so that we may show you the specifics of any age-related fee(s), which you would pay at pick-up.

2. If you return the car to a different location, the Service Provider will usually impose a one-way fee. If this is what you want to do, you must input the drop-off location when making your reservation so that we can let you know if it is possible and show you the specifics of any one-way fees that you would pay at Pick-up.

3. The Service Provider frequently levies a cross-border cost for transporting the vehicle to another nation, state, or island. Tell us and/or the Service Provider as soon as you can prior to pick-up if you intend to do this.

4. The cost of your rental is calculated using 24-hour time periods; as an example, a 25-hour rental will cost the same as a 48-hour rental.

5. Get in touch with the service provider if you decide that you want to retain the car longer after pickup. You will directly enter into a new contract with them after they provide you with an estimate of the cost. If you return the car after hours without getting permission in advance, they could also charge you a late fee.

 

Extras

1. In some circumstances, you may pay for any extras that are optional (such as child seats, GPS, and other items) when you book your car, in which case you are assured of receiving them at pick-up.

2. In other situations, you’ll just mention any extras while reserving your vehicle, in which case:

• You must pay for them at pick-up.
• The service provider cannot ensure that they will be there when you need them.

 

Amendments (changes to your Booking)

1. Before you are scheduled to pick up the car, you can make changes to your booking at any time.

2. There is no administrative fee for changing your reservation, however the rental cost may change depending on the changes you make. We may charge you a cancellation fee on behalf of the rental operator if the only way to change a Booking is to cancel it and book a new one.

3. We will notify you in advance if making changes to your Booking might result in a pricing change or a cancellation fee.

 

Changes made by us

1. We will notify you as quickly as possible if we or the Service Provider must change your Booking (for instance, if the Service Provider is unable to provide the car). No matter how close to the start of your Rental is, you will be able to cancel and receive a full refund if you don’t accept that change, but we won’t be responsible for any additional direct or indirect charges you may pay (e.g. hotel room, taxis).

What else for you to know?

General

1. In all circumstances, renters and drivers must be at least a certain age. They may additionally need to be younger than a certain age limit. Depending on the Service Provider, the area, and the type of car, the limit(s) may change.

2. The car may only be driven by authorised drivers whose names are listed on the CarRental Agreement.

3. You must make prior arrangements if you intend to drive the vehicle to or from a different nation, state, island, or place.

 

Late pick-up and early drop-off

1. The Service Provider will not reimburse you for “unused” time if you pick up or return your vehicle earlier than specified in your booking confirmation.

VERSION: 1.0

DATE: November 30, 2022

We’ll update these terms of service on a regular basis (once or twice per year).