TRAVELWALLA TERMS OF USE

These Terms of Use apply to your use of TravelWalla’s site and the app (“Site”) and the services offered through it. Your use of the Site indicates your acceptance of the Terms of Use, including the polices incorporated into them by reference. If you do not accept the Terms of Use, you must not use the Site or the services. These Terms constitute a binding legal agreement between you as an individual user (“you” or “your”) and Traveloka.

The TravelWalla’s Site is managed by Travel Plums Sdn Bhd. (previously known as Qash Rewards Sdn. Bhd.) (Company No: 201501005491 (1130821-D) including its subsidiaries and affiliated companies (“we”, “us”, “our” or “TravelWalla”).

We may modify or change or delete or add these Terms of Use from time to time where it is necessary to comply with laws and regulations in countries to which we provide our services or to reflect any operational changes that we have incorporated and we shall use our best endeavours to provide notice to you on changes on the Site. Kindly ensure that you review the latest version of the Terms of Use when using our Site. Your continuous usage of the Site shall indicate your acceptance to any changes made to the Terms of Use.

Your warranties for use of the Website

  • You are at least eighteen (18) years of age;
  • You have the legal authority to create a binding legal obligation;
  • You shall adhere to the Terms of Use of the Site;
  • All information supplied by you on the Site is true, accurate and complete;
  • You shall only use the Site to make legitimate, genuine and authentic reservations for you or any other person you are legally authorise to act for and you shall ensure that such person(s) are aware and have accepted the Terms of Use including all rules and restrictions thereto; and
  • You shall protect your account in the Site and will be completely responsible for the use of the account by you or any other person other than you.

We retain the right at our sole discretion, to suspend, deny or prohibit access to anyone from the Site and the services we offer at any time and for any reason including but not limited to any violation or breach of our Terms of Use.

SCOPE OF OUR SERVICES

  1. TravelWalla provides an online platform where you can browse different types of airlines and other transportation services, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, experiences and tours, or other services (“Services”) through the Site. You can make bookings of services provided by hotels, airlines or other transportation operators, events promoters, tourist attraction operators, travel agencies and/or any other service providers (“Travel Providers”) on the Site. By placing an order through the Site, you will be able to book and/or purchase the airline tickets or other transportation tickets, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, experiences and tours, or other services. We will provide a booking confirmation via email. We reserve the right to refuse the booking in accordance with these Terms of Use.
  2. We do our best based on our expertise to ensure that the information provided by our Travel Providers on the Site are accurate and up to date. However kindly take note that we do not verify, or guarantee or take responsibility or liability for any accurateness, correctness or completeness of the information posted by our Travel Providers including but not limited to any errors, inaccurate, misleading or false information on the Site. Each Travel Providers shall remain responsible at all time for the information posted on Site.
  3. There are also possibilities of drastic or rapid changes in market conditions that may cause the information provided on the Site to be inaccurate or not applicable. In such a situation, kindly contact our customer service representatives who will be happy to assist you.
  4. In furtherance thereof, the Site should not be regarded or constitute any recommendation or endorsement of any Travel Provider’s inventory listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, service, status and adequacy of any of the Travel Provider’s inventory listed on the Site. The Travel Provider’s inventory on the Site is listed based on our ranking system which takes into account different criteria including but not limited to star ranking, reviews and search parameters. The default ranking is based on an automated algorithm which may be updated or amended from time to time, and which takes into account different factors including but not limited to availability, promotions and rates, historical popularity, conversion (the ratio of reservations made to Site visits), sales of room nights, cancellations, quality of content, guest review scores and star ratings.
  5. We have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation to the fullest extent permitted by law. We can at any time delete or remove the account of any user of the Site, either temporarily or permanently. Removed Users must not attempt to use the Site in any other name or through other users. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to the following:
  6. breach of these Terms of Use or a history of breaches of these Terms of Use;
  7. trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations;
  8. fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering;
  9. services not being available or no longer being made available by the Travel Provider;
  10. user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns;
  11. any fault on the Site which is caused by mistake which no reasonable person would consider appropriate or to make business sense; or
  12. any users being placed on any “black lists” or “watch lists” by governments or international organizations which have come into our knowledge.
  13. If your booking is rejected or cancelled by TravelWalla and a payment has already been made, you will receive a refund of the total booking value except where any unauthorised reselling or in any other appropriate case such as unauthorized use of the Site or there is an inappropriate manner in the use of the Site.

USER ACCOUNT

  1. In order to use our Services, you must create an account with us. During the process of the creation of an account, we will normally collect the following personal information:
  2. Full Name;
  3. Email Address;
  4. Contact No;
  5. Any other such information deemed relevant by us for the creation of the account.
  6. You are responsible to provide accurate, complete and correct information and you hereby agree to provide to us proof of identification if we so require. The collection, use and storage of your personal information shall be in line with our Privacy Statement and Cookies Statement which can be accessed here – (insert)
  7. You will be required to provide a password when registering for an account and it shall be your responsibility to ensure the confidentiality and security of your account and password. In the event of any disclosure of your password in any way resulting in unauthorised use of your identity or account whereby reservations/bookings are made under such account, we will consider such reservations valid and proceed with the transactions unless such misuse of the account is notified to us prior to any bookings being made whereupon we shall have the rights to deactivate/block your account. We shall not be held responsible for any losses suffered by you as a result of the provisions under this clause.
  8. You agree that your account cannot be assigned or transferred to any other party and you further represent that the account shall be solely used by you and that you will not give access to any other third party to utilise your account.

PAYMENTS

  1. For some products/services listed on the Site, the Travel Provider will require payment to be made upon booking and/or a payment taken during your actual travel period and/or arrival at the Travel Provider.

 

Where we organize your payment

  1. We (or, in some cases, our affiliate in the country your payment originates from) will be responsible for managing your payment and ensuring the completion of your transaction with our Travel Provider. In this case, your payment constitutes final settlement of the ‘due and payable’ price.

Where the payment is made to the Travel Provider

  1. This will usually be in person upon arrival to the Travel Provider or the service provided by the Travel Provider, but it could also be (for example) that your credit card is charged when you book, or you pay when you check out of your accommodation. This information shall be contained in the terms and conditions of the Travel Provider which shall be your responsibility to read during the booking process.
  1. If the Travel Provider requires an upfront payment, it may be taken or pre-authorised when you make your booking/reservation on the Site, and it may be non-refundable. As such, you are responsible to read the Travel Provider’s terms and conditions prior to making the booking. Kindly take note that we don’t influence or are responsible for the Travel Provider’s terms and conditions.
  1. Upon confirmation of a reservation/booking, we shall place the order with the Travel Provider and once confirmed, we shall issue a reservation number to you which will be accompanied by the following details:
  1. Booking Number;
  2. Name of Guest;
  3. Booking Details;
  4. Any other information that we deem fit to supply.
  1. If the currency selected on the Site differs from the Travel Provider’s currency, we may:
  2. show prices in your own currency; or
  3. offer you the option to pay in your own currency
  4. We will provide a currency conversion rate during our checkout for your booking. If we charge you fees in connection with any such services, you’ll find the fee expressed as a percentage over European Central Bank rates. Your card issuer may charge you a foreign transaction fee.
  5. We will store your preferred payment method and details for future transactions after collecting your consent.
  6. We have the right to add or remove our payment methods or to select the type of credit cards acceptable to us at our sole discretion.
  7. You are responsible to ensure that all relevant information necessary is accurate. In certain cases, we may require additional information or verification to validate and confirm the booking, as described in more detail on the Site. Reservations are not confirmed until you have received a confirmation email with an e-ticket or voucher. The Travel Provider may implement its own fraud avoidance mechanisms at any time during the booking process and we are not in control of such mechanism implemented by the Travel Provider. If it is determined that there are elements of fraud in the booking, then the booking will be void. We shall not bear any responsibility for such cancellations by the Travel Provider or where the booking is voided as you chose not to submit additional information as requested.
  1. If you know of or suspect any fraud or unauthorised use of your payment method, please contact your payment provider immediately. We take no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through TravelWalla’s services, other than where this arose from the fraud, negligence or willful action of TravelWalla or as otherwise required by law. We are not responsible for any refunds or repayments to you as a result of such fraud except as provided by law.

CANCELLATIONS AND REFUNDS

  1. By making a booking, order or reservation through the Site, you accept and agree to the terms and conditions of applicable Travel Provider, including all their policies including but not limited to their cancellation and refund policies. TravelWalla is not responsible for any violation of these terms and conditions, any you are responsible for reading the Travel Provider’s terms and conditions carefully before you make a booking, order or reservation through the Site.
  2. With regards to any refunds permitted pursuant to the Travel Provider’s terms and conditions and subject to any applicable rights you may have at law, TravelWalla shall have the right, at its sole discretion, to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the cancellation.

SPECIAL REQUESTS

  1. In the event of any special requests (such as wheelchair access and assistance, early check-in, change of name, change of date, adding “frequent flyer” points or equivalent), the user can insert the request when making a booking on the Site. The user may also contact the Travel Provider directly directly (as applicable). The Travel Provider and TravelWalla shall have the sole discretion to entertain such special request subject to availability and other relevant factors. Your special requests may be subject to additional charges and/or fees by the relevant Travel Provider based on the discretion and/or policy of the relevant Travel Provider. TravelWalla is not responsible for the availability and/or fulfillment of your special requests by the Travel Provider.

ADDITIONAL CHARGES BY THE TRAVEL PROVIDER

  1. In addition to the reservation prices, some Travel Providers may charge other mandatory service fees, surcharges, local taxes, airport taxes and other such similar taxes and fees. If we are aware of such fees, we will display them when the booking/reservation is made. Otherwise such fees shall be charged by the Travel Provider directly to you upon arrival at the travel destination or Travel Provider’s counter.
  1. For accommodations, the reservation price only is limited to the number of guest expressly stated under the booking or the terms set by the Travel Provider. In the event of additional guest or the requirement for extra beds and hotel services, such fees and cost is not included in the reservation price and may be subject to charges by the Travel Provider.
  1. The reservation prices also does not include cost of insurance, tips/gratuity, hotel transfer cost, consumables which include but are not limited to: parking fees, in-room minibar charges, telephone charges, room service, food and beverage costs, special (gala) dinner costs, movie rentals / movies-on-demand, and Internet usage costs, meals which is to be borne by you unless otherwise stated in your Travel Provider’s terms and conditions made upon reservation.

PROMOTIONS

  1. We may offer certain promotions from time to time. These promotions may be subject to additional terms and conditions which we will display during such promotions and it shall be your responsibility to ensure that you have read all such terms and conditions thereof prior to making any reservations.

 

  1. Any promotions made directly by the Travel Provider shall be subject to the Travel Provider’s terms and conditions and shall not apply for reservations made through TravelWalla unless specifically stated.

 

RATINGS

  1. We do display certain ratings of the Travel Provider on our Site. However, we obtain the information about ratings from third parties such as suppliers, users or other review websites. As such we do not verify the ratings given and we are not responsible for the accuracy of the rating. We shall not be held liable for any claims, losses and/or damages that occur to you as a result of the ratings.

TRAVEL REQUIREMENTS

  1. Whilst we do our best to ensure that any travel requirements to the destinations are highlighted to you as and when we procure such information, we cannot guarantee nor ensure that all such travel requirements stated are accurate and complete. You shall be responsible to ensure that you conduct your own due diligence as to the travel requirements to the destinations including but not limited to any entry requirements, visa requirements and quarantine requirements and such travel requirements are adhered to by you.
  1. We shall not be held liable for any losses, damages, penalties or liabilities incurred by you as a result of any prohibition or denial of entry at your destination or as a result of non-adherence to the travel requirements of the destination.
  1. We also do not guarantee that any of the Travel Provider’s destination are risk-free or advisable and we are not responsible for any occurrence before/during/after your travel to such destinations.
  1. You shall further be responsible to ensure that all travel documents (Such as passports, visa, travel permits) required for your travel into any destination is valid and complete. TravelWalla shall not be responsible for any losses suffered by you as a result of incomplete or invalid travel documents.
  1. Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances such as but not limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants and animal parts. It is your responsibility to verify and comply with applicable regulations.

INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights (“Intellectual Property Rights”), including but not limited to copyright, patents, domain names, trademarks, service marks, logos, symbols or other designs etc., in Content on the Site are owned by TravelWalla or by the Travel Providers or other third parties that we have our arrangements with. All information and materials, including but not limited to: software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on the Site are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of the Site without the express written permission of TravelWalla. If we have found you to be in violation of these rights, we reserve the right to any action available in law for damages and losses suffered.
  2. You can use the information on the Site only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the Intellectual Property Rights. Even if you obtain the necessary permission, you must not make changes or deletions. You hereby accept and agree that downloading any content on the Site does not grant you any Intellectual Property Rights in that content and you are fully aware that use of such content shall be illegal and that you may be subject to legal implications for such use.
  3. We shall not be responsible for Intellectual Property Rights owned by third parties or for your and/or other party’s infringement of Intellectual Property Rights owned by third parties.

COPYRIGHT INFRINGEMENT CLAIMS

  1. If at any point you determine in good faith that we have infringed your copyright based on materials on the Site, you may send us a written notice that includes the following information:
  2. Your name and address;
  3. Where you are not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
  4. Where you are not a resident in Malaysia, your address for service in Malaysia;
  5. Telephone number, mobile number, email address;
  6. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
  7. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
  8. a statement that the complainant requires us to remove or disable access to the electronic copy;
  9. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph (e) above;
  10. a statement that the information in the notice is accurate;
  11. a statement that the you are (a) the owner or exclusive licensee of the copyright in the work identified in paragraph (e) above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
  12. a statement that you submit to the jurisdiction of the courts in Malaysia for the purposes of proceedings under relevant provisions in the Malaysia Copyright Act 1987.
  1. The notice must be signed by you and sent to us via registered post and we will review such claims in accordance to the applicable law.
  2. Do take note that any false claims that are made will be subject to legal repercussions by us including for any losses and damages suffered by us as a result of such false claims.

REVIEWS AND RIGHTS TO USER CONTENT

  1. By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your experience with the Travel Provider, followed by one or more reminders. Whilst we do not make it mandatory to complete the guest review, we would highly recommend it as it would enable more users to gain from your experiences. You may also receive guest review invitations directly from the Travel Provider.
  2. By posting a review and submitting content with it such as pictures, you grant TravelWalla the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. TravelWalla reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion especially if such reviews are offensive in nature and goes against the policies of TravelWalla.
  3. You will be solely responsible for reviews that you submit and you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
  4. Any content submitted by you to TravelWalla shall be considered non-confidential in nature and TravelWalla shall be under no obligation to treat such content as proprietary information. We reserve the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it and we are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to us.

PROHIBITORY USE OF THE SITE

  1. You agree to not use the Site or any content or materials on the Site for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms of Use.
  2. You further agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site for any purpose whatsoever.
  3. In addition, you agree not to:
    1. access, monitor or copy any content on the Site using technology, software, or any program either manually or automatically for any purpose without written permission from TravelWalla;
    2. perform any action that imposes or may impose, an unreasonable burden on the Site or Site infrastructure;
    3. make a major link to the Site (including but not limited to the booking path) for any purpose without the written consent from TravelWalla;
    4. reproduce the Site (through a “frame” or “mirror”) or set up a part of the Site on any other website without prior written consent;
    5. send or store any material to or through the Site that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
    6. send or store any material (including providing any links to other material) which is defamatory, slanderous, false, obscene, threatening, libelous or otherwise unlawful or tortious;
    7. send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
    8. send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
    9. send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
    10. send or store any material containing software viruses, worms, trojan horses or other harmful computer code;
    11. imitate any person or entity for any purposes;
    12. manipulate or falsify information with the aim to disguise the origin of statements provided;
    13. use the Site in any manner which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
    14. gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters;
    15. obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Site (including but not limited to other destinations provided by the Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
    16. engage in fraudulent acts or actions that aim to manipulate a search engine results page or perform search engine optimization. Search Engine Optimization practices considered unethical or to constitute “spamdexing” include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
    17. any other action which may adversely affect or result in damage to the Site, TravelWalla or its affiliates and employees, or TravelWalla’s reputation;
    18. modify or make derivative works based on the Site and/or the Services, or reverse engineer or access the underlying software for any reason; or
    19. use the Site to build a competitive product or service.
    20. By placing an order through the Site, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.

 

 

 

 

COMPLAINTS

 

  1. If you have any complaints with regards to TravelWalla, the Services and or the Travel Providers, you can contact us using the following channels and we will use our best endeavors to resolve any issues thereof or act as coordinator between you and the Travel Providers (although we cannot guarantee a satisfactory outcome):
    1. Insert
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    3. Insert

LIMITATION OF LIABILITY

  1. YOU HEREBY DECLARE, AGREE AND ACKNOWLEDGE, TO THE EXTENT PERMITTED BY LAW, THAT:
  2. THE SERVICES PROVIDED HEREUNDER, THE SITE AND THE CONTENT THEREOF IS PROVIDED TO YOU ON AN “AS IS AS AVAILABLE BASIS”. WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON-INFRINGEMENT (WHERE APPLICABLE);
  3. WE DO NOT WARRANT THE ACCURACY, INTEGRITY AND QUALITY OF THE SITE, THE CONTENT AND MATERIAL IN THE SITE OR ANY RESOURCES TO OR FROM THE SITE INCLUDING BUT NOT LIMITED TO ANY GUARANTEE THAT THE CONTENT IS FREE FROM VULGARITIES, OFFENSIVE, CONTRAVERSIAL, MALICIOUS, HATEFUL, INDECENT, CRUDE, IMPOLITE COMPONENTS;
  4. WE DO NOT GUARANTEE THAT THE SITE SHALL AT ALL TIMES BE ERROR FREE AND UNINTERRUPTED AND THAT WE WILL REPAIR THE ERRORS AND FAILURES AND THAT THE SITE SHALL BE FREE FROM MALWARE, VIRUSES AND OTHER HARMFUL PROBLEMS;
  5. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO TRAVEL TO ANY DESTINATIONS THAT YOU HAVE BOOKED AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES AND DAMAGES SUFFERED BY YOU AS A RESULT THEREOF;
  6. WE DO NOT GUARANTEE ANY OF THE LINKS TO ANY THIRD PARTY SITES WHICH IS ACCESSIBLE FROM OUR SITE AS WE DO NOT HAVE CONTROL OVER SUCH SITES AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, CLAIMS AND LIABILITIES ARISING FROM YOUR USE OF ANY THIRD PARTY SITES THROUGH OUR SITE;
  7. WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS AND SUBJECT TO CLAUSE 2 BELOW, WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO YOUR USE OF THE SITE OR USE OF THE LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR;

 

  1. Nothing under this Clause limits or excludes liability that occurs as a result of negligence, fraud or any other liability that cannot be excluded under the applicable law.
  2. You hereby agree to indemnify TravelWalla and its employees, affiliates, partners and staff from any and all claims, losses, damages, demands, penalties and liabilities including legal fees, which arise as a result of any third party claims as a result of your breach or violation of this Terms of Use, use of the Site or any act or omission by you whether negligent unlawful or otherwise.
  3. TravelWalla has sole and full discretion to change, postpone, discontinue or stop the Site and/or part of the Site, including any Services, and/ or usage of the Site, or part thereof, at any time for any reason without prior notification to you.
  4. In the event of any breach of this Terms of Use, we shall have the right to terminate your use of the Site. In the event of termination, the terms hereof shall continue to apply to both parties until such time that all Services booked prior to termination has been fulfilled. All terms in relation to intellectual property, warranties and indemnities shall continue to apply. TravelWalla shall not be liable to you or any third party for termination of your access to the Site.

GOVERNING LAW AND DISPUTE RESOLUTION

 

  1. This Terms of Use and any and all disputes arising thereof shall be governed in accordance to the laws of Malaysia.
  2. In the event of any dispute, the Parties hereto agree to attempt to resolve such disputes amicably within sixty (60) days from the date of the notice of dispute.
  3. In the event that such a dispute remains unsolved, the Parties agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. TravelWalla shall have the right to bring an action in a court of a different country in the event that the user is based/or a resident of a country other than Malaysia.

FORCE MAJEURE

  1. We shall not be liable for any non-performance or violation of these Terms of Use caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), pandemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and cyber attacks.

MISCELLENEOUS CLAUSES

  1. This Terms of Use shall constitute the entire understanding and agreement between TravelWalla and you and shall supersede all previous written or oral agreements between TravelWalla and you on the subject matter.
  2. These Terms of Use are drawn up in the English language. You acknowledge and agree that any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.
  3. We do not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Travel Providers or the services they provide. The Travel Providers are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
  4. You shall at all time be bound by the local regulations of the destination that you have booked through TravelWalla. We shall not be liable in the event of any refusal or denial by the Travel Provider to you due to non-compliance of local regulations.
  5. The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
  6. Failure by us to enforce any rights shall not be deemed as a waiver of such right.
  7. You may not assign or transfer your rights hereunder without approval from TravelWalla.
  8. As the terms may be updated from time to time, your bookings shall be governed by the latest version of the Terms of Use which was in force at the time of your booking.
  9. Notices given pursuant to these Terms of Use shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified). TravelWalla may give notice to you by means of a general notice published on the Site or to your email address set out in your account. You must give notice to TravelWalla by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
  10. You agree that no joint venture, partnership, or employment relationship exists between you and TravelWalla as a result of this Agreement or use of the Site.