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Terms & Conditions
1. GENERAL TERMS & CONDITIONS: This agreement is between Triways Travel Network (M) Sdn Bhd (Triways) who operates the Online Reservation System (The System) accessed via: www.triwaysb2b.com and www.triways.com.my and the system user (User) which includes tour operators, wholesale travel companies, transport operators, and airline companies providing travel-related products (Travel Products) to mass consumers (Consumers) and the corporate clients for the usage of the System which is a Business-to-Business (B2B) Travel Products booking service. Each User must have a personalized User ID and Password which can be obtained from Triways to use this System.
The Users must obtain a login ID, password and a company code to access the System and Triways reserves the right to refuse granting the IDs, passwords and the company codes to any party for whatsoever reasons. Triways only sells Travel Products to Users for onward sale by the Users to the Consumers. Triways does not supply, own or control the actual services which are to be sold.
Your obligations:- a. Keep your User ID and Password secure from unauthorized access or use.
- b. Immediately notify Triways if you become aware of, or suspect, any unauthorized access to your User ID and Password, or any other breach of security. Triways will not be liable for any loss that you may incur as a result of any unauthorized usage of your User ID or Password, either with or without your knowledge.
- c. Any unauthorized commercial use of the information or services provided through the System is expressly prohibited;
- d. Not to download, upload, post, export, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any of our computer software or hardware or telecommunications equipment;
- e. Not to use Triways website address or other means to hyperlink to any other Internet sites without our permission;
- f. Not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from or transfer any information obtained from the System, without our permission.
1.1 Intellectual Property Right The System and all contents include without limitation, information, text, photographs, images, graphics, software is the property of either Triways and/or their third party providers, fulfillment providers, airlines, other travel product suppliers or independent supplier(s) or the party credited as the provider of such content and contain Triways’ name, trademarks, service marks, and trade names. Triways owns a copyright in the compilation (meaning its selection, collection, coordination, arrangement, assembly and enhancement) of the Content. All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior written consent of their owners. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.
1.2 Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS RESERVATION SERVICE AND/OR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRIWAYS, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS SYSTEM AND/OR WEB SITE AT ANY TIME.
To the maximum extent permitted by law, Triways assumes no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of the System including, but not limited to, merchantability, fitness for a particular purpose, accuracy, completeness, expectation of privacy, non-infringement of intellectual property or other proprietary rights or compatibility between the System, the Web Site and any software or hardware.
Triways is not, and shall not be, liable for any slanderous, offensive, infringing or illegal material of any third party, if any, and Triways reserves the right to remove such materials from the System without any liability whatsoever.
Triways neither warrants nor makes any representations regarding the accuracy, quality or adequacy of the System or of any of the data or information contained in the System or that the use of the System will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through the System will be free of bugs, viruses, worms, Trojan horses or other harmful components. Triways will not be responsible for any loss resulting from your reliance on any information provided on the System.
ALL TERMS, REPRESENTATIONS, CONDITIONS AND WARRANTIES (WHETHER IMPLIED OR MADE EXPRESSLY), RELATING TO THE WEB SITE AND THE SYSTEM OR CONNECTED SERVICES TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW, ARE HEREBY EXCLUDED.
1.3 Limitation of Liability Triways assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the system and/or this website or downloading of any materials, data, text, images, video or audio from the system site.
Triways is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from there from.
In no event, shall Triways be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the System.
The descriptions of hotels contained on Triways website are provided to Triways by suppliers and passed on by Triways to the Users in good faith. Triways does not check or inspect the facilities or services. Triways accepts no liability for the accuracy of the Travel Product descriptions or details nor do we accept liability for any loss incurred by the Users in relying on the descriptions.
The contract for the sale of the Travel Products is with the Users. A Consumer purchasing the Travel Products contracted with the Users and not Triways ("Onward Sale"). The Onward Sale of services is the responsibility of the Users. Triways does not accept any liability for Onward Sales to a Consumer nor do we accept liability for anything which may go wrong with a Travel Product booking. Triways is not responsible or liable for any dispute between the Users and a Consumer arising from the Onward Sale of a hotel booking by the Users to a Consumer.
If any claim is made by the Users against Triways following an Onward Sale, Triways shall be indemnified against all losses, fees, expenses and costs arising as a result of that claim. Triways is not liable to indemnify a User other than in relation to any personal injury or death caused by Triways negligence. In particular Triways is not liable to indemnify a User against any negligence, failing, fault or omission on the part of any supplier, owner or controller of any hotel booking.
1.4 Acknowledgement Your acceptance of the entire terms and conditions as set out in this Agreement is fundamental elements of the basis of the bargain between you and Triways. You further agree that Triways would not otherwise be able to offer the products and services on its present basis without your acceptance of such terms and conditions. This clause shall survive the termination of this Agreement.
1.5 Force Majeure Triways will not be held liable for any damages or loss arising from any events which are beyond the reasonable control of Triways. Such an event shall include but not limited to any Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government action, compliance with any laws, regulations or orders, civil war, act of terrorism, 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.
1.6 Restrictions / Cancellation of Service Triways may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of the System or refuse to give effect to any service requested by you, terminate your password or use of the System, and remove and discard any Content within the System, without being required to give any reasons or advance notice to you. Further, you agree that Triways shall not be liable to you or any third-party for any termination of your access to the System.
1.7 Indemnity Triways shall be indemnified against all claims, demands, actions, proceedings made or brought against Triways arising from your use of the System and/or as a result of any action, inaction or omission or any breach of any term or condition by you.
1.8 Variations Triways reserves the right to amend or change the terms, conditions, and policies under which the products and services are 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 the System shall constitute your acceptance of the terms and conditions, as modified.
2. CREDIT FACILITY: An Agent with an established credit facility (Credit) will be provided with an access to Triways' room allotments to receive instant confirmations. To obtain Credit, Triways would require a cash deposit or a bank guarantee (issued by an internationally recognized bank). A Credit of 21 days for the value of the deposit or bank guarantee will be established and the User will be provided with a login ID, password and company code. The User will be responsible for maintaining and monitoring the activities of all their users as the relevant The Agents will be responsible for all bookings, payments and cancellation penalties incurred by all users.
3. PAYMENT AND CANCELLATION: 3.1 Cancellation Deadline Triways will provide Credit Sales to a User with a cancellation deadline for the particular hotel booking the User has purchased from Triways. To avoid cancellation penalties, the hotel booking should be cancelled before 12:00 noon local time of the User. For example, a User in Malaysia should cancel the travel component booked in Singapore before 12:00 noon Malaysia time. When a hotel booking is cancelled before the cancellation deadline, the status of the booking will be changed to "Cancel Confirm" and the User will receive an email from Triways confirming that the travel component has been cancelled without penalty. If a booking is cancelled after the cancellation deadline has lapsed, the status of the booking will be changed to "Cancel Charge" and an email will be sent to the User confirming receipt of the cancellation request.
3.2 Cancellation Payments 1. A User with a Credit Line will have access to view its credit limit and balance under "My Credit" after logging into the Website. 2. If Credit payments are not made as detailed in the paragraph entitled "Credit" above or the User's credit limit has been exceeded, the online booking facility will be automatically suspended. To re-activate the account payment should be made or our finance department should be contacted.
3.3 Cash Payments A User who does not have Credit will not be provided with the online availability and will only be able to book only as "Room on request" provided the request is outside the cancellation deadline. If the required hotel is available, a confirmation will be sent to the Consumer with a "Due Date for Payment". The User will be provided with a login ID, password and user name to make bookings on request. The User will be responsible for maintaining and monitoring the activities of all their users as the relevant User will be responsible for all bookings, payments before due dates and cancellation penalties incurred by all users.
3.4 Due Dates Where we confirm a booking to a User without Credit we will process the booking and provide a Due Date for Payment along with the invoiced amount payable at the time of confirmation.
3.5 Payments for Cash
- 1. Payment must be made by cash, a bank draft or bank transfer in the currency of the invoice.
- 2. If payment is not received by Triways on or before 12:00 noon local time of the User on the Due Date for Payment, the respective hotel booking will be automatically cancelled without penalty.
- 3. If proof of payment is received by us prior to 12:00 noon, local time of the User, the booking will be reconfirmed and finalized.
- 4. If payment is made by a bank transfer, we would require a copy of the bank transfer details to be faxed along with a copy of the SWIFT message report prior to 12:00 noon, local time of the User.
3.6 Rates & Currencies
- 1. All rates quoted are net and non-commissionable, inclusive of all taxes and service charges.
- 2. Rates are quoted in Malaysian Ringgit. The confirmation will be sent to the User in the respective currency agreed and the invoice will be in the same currency. A statement of account will always be in Malaysian Ringgit (RM).
4. BOOKING PROCEDURES:
- 1. A maximum of 5 rooms and up to a maximum of 21 days per stay can be booked online. Bookings for travel components above 10 days will always be "On Request" and will be processed manually.
- 2. Hotels are classified as 5 star, 4 star, 3 star, 2 star and 1 star. The classification is provided to Triways by the supplier of the Travel Products and Triways has the right to authenticate this information. Triways cannot be held responsible for inaccurate information provided by the Users. Images, descriptions and a list of amenities/facilities are also provided and this information is obtained from the supplier of the hotel.
- 3. The number of guests on the booking must equate to the room type, e.g.: Single–1 Guest, Double or Twin–2 Guests, Triple - 3 Guests and Quad–4 Guests. Extra beds for adults and children can also be requested. Therefore, the total number of guests cannot exceed the number of beds requested. If children are being booked, the child age must be specified and may be booked as Child Share with or without extra bed. Most hotels permit a maximum of 2 adults and 1 child less than 12 years to share a room with or without an extra bed.
- 4. Rates for hotels and apartments quoted per room, per night and may be as INCLUDE BREAKFAST or ROOM ONLY: The additional meals can been booked by clicking on the relevant "lunch" or "dinner" button. The rates are quoted per meal, per person and are net, non-commissionable and inclusive of taxes and service charges.
5. AMENDMENTS & CANCELLATIONS OF BOOKINGS:
- 1. Amendments and cancellations can be made without any cancellation charges prior to the cancellation deadline/due date.
- 2. Any request for amendments or cancellation after the cancellation deadline/due date may attract cancellation penalties. Cancellation charges vary from supplier to supplier and can range from a minimum of 1 night stay to full charges for the entire stay. For bookings made during peak periods, trade fair periods, resorts, Euro Disney etc. will normally attract full cancellation penalties.
- 3. When booking is amended or cancelled, Triways will notify the Users within 6 working days of any amendment or cancellation charges.
- 4. The reason for providing the Users with the cancellation deadline or due date is to protect the Users from any cancellation charges and to alert the User attention to make the amendment or cancellation before the cancellation deadline or due date.
6. REFUND:
- 1. Refund requests will only be processed if received in writing within 30 days from the date the travel component was to be provided.
- 2. Refund requests for partially utilized services will not be processed unless we receive written proof from the service provider that the guest has not utilized all the services in full as specified on our final confirmation and that a refund will apply to the un-utilized services.
- 3. Refund requests for fully un-utilized services will be processed once Triways receives the written request. Refunds are subject to receiving confirmation from our supplier. The refundable amount provided by the supplier is final including cases when no refund is applicable.
- 4. Triways requires a period of 21 days to process any refund requests. No claims would be entertained after a refund is processed.
7. LAW & JURISDICTION: This contract and any matters arising from it shall be subject to law and exclusive jurisdiction of Malaysia.
Bangk Account
Payment Currency Bank Account Details
Account Name:
TRIWAYS TRAVEL NETWORK (M) SDN BHD
Bank name:
HSBC BANK MALAYSIA BERHAD
Branch:
MENARA MILLENIUM, PUSAT BANDAR DAMANSARA
59100 KUALA LUMPUR, MALAYSIA
Bank Swift Code:
HBMBMYKL
Account number:
359 203866 725