Play n Fly Boutique Tours – Terms & Conditions

PHOTOFLY TRAVEL SDN BHD
MOTAC Licence No.: L/N/12570

These Terms & Conditions apply to tour packages, boutique tours, group tours, private tours and Free Independent Traveller (“FIT”) services provided or arranged by PHOTOFLY TRAVEL SDN BHD (hereinafter referred to as the “Company”).

Before making a booking, paying a deposit or making any payment towards a tour, customers are required to read and understand the relevant itinerary, quotation and these Terms & Conditions. Upon completion of payment and confirmation of the booking by the Company, the customer shall be deemed to have accepted the relevant itinerary and the Terms & Conditions applicable to the booking.

These Terms & Conditions shall be read together with the applicable laws of Malaysia and any statutory or uniform terms and conditions applicable to outbound tour packages. In the event of any inconsistency between these Terms & Conditions and any mandatory provision of law, the applicable mandatory provision shall prevail.

Unless otherwise stated:

“Traveller” means any person participating in the relevant travel arrangement;
“FIT” means a Free Independent Traveller or privately customised travel arrangement;
“Group Tour” means a fixed-departure group tour publicly offered and organised by the Company;
“Private Group” means a tour arranged exclusively for a specified individual or group;
“Third-Party Supplier” includes airlines, hotels, transportation companies, Local Operators, tour guides, activity operators, restaurants, attractions, ticketing platforms and other travel service providers;
“Tour Fare” means the package price stated in the relevant Quotation, Invoice or Booking Confirmation;
“Working Day”, unless otherwise required by applicable law, means a normal business day in Malaysia, excluding Saturdays, Sundays and public holidays.

1. BOOKING, PAYMENT & AMENDMENTS

1.1 Deposit and Balance Payment

When booking a tour package, the customer is required to pay the deposit specified by the Company in order to confirm and reserve the tour place.

Deposits and payment arrangements for outbound tour packages shall comply with applicable tourism regulations and uniform terms and conditions, including any applicable maximum deposit requirement.

Unless otherwise lawfully and expressly agreed in writing by the Company prior to booking:

The balance payment for an FIT package shall be completed before departure in accordance with the applicable requirements;
The balance payment for a Group Tour shall be completed before departure in accordance with the applicable requirements.

Where an airline, hotel, transportation provider, activity operator or other supplier requires earlier payment, ticket issuance or confirmation of a non-refundable item, the Company shall, where reasonably practicable, inform the customer of the relevant conditions before such payment is made.

If the customer fails to make payment within the period notified by the Company and permitted under the applicable requirements, the Company may cancel the booking, and any payment already made shall be dealt with in accordance with the applicable cancellation terms.

A tour place shall only be considered formally confirmed once the Company has received the required payment and issued written confirmation.

1.2 Amendments to FIT Bookings

Once a tour has been confirmed, if a customer requests an amendment to a confirmed FIT booking, the Company may charge an administrative amendment fee of RM100 per person per amendment.

Any actual name-change fee, amendment fee, fare difference or other charge imposed by an airline, hotel, transportation provider, activity operator or other Third-Party Supplier shall be borne separately by the customer.

As a general rule, itinerary amendments will not be accepted within 45 Working Days before departure. However, the Company may provide assistance subject to the actual terms imposed by Third-Party Suppliers and the particular circumstances.

Any substantial amendment involving the entire booking, principal destination, principal travel dates or other changes which prevent the original booking from continuing may be treated as a cancellation of the original booking and shall be subject to the cancellation policy under Section 2.

1.3 Amendments to Group Tours

Once a Group Tour has been confirmed, any individual amendment request shall be subject to the actual itinerary, group arrangements and terms imposed by Third-Party Suppliers.

As a general rule, amendments to booking arrangements will not be accepted within 14 days before departure.

Where a Traveller requests to leave the tour early, return at a later date, change flights, arrive at or depart from a different airport, or request any other service which differs from the original group arrangement, the Company may provide assistance depending on the circumstances.

Any fare difference, name-change fee, transportation cost, accommodation cost or other additional expense shall be borne by the relevant Traveller.

All amendments remain subject to final approval by the relevant airline, hotel, transportation provider and other suppliers.

1.4 Accuracy of Booking Information

The customer is responsible for providing correct and complete information, including full name, passport details, date of birth, contact information and any other information required for the booking.

Names used for airline tickets, train tickets and other personalised travel services must correspond with the Traveller’s valid travel documents.

Any ticket reissuance, name-change, cancellation, visa failure or other cost arising from incorrect, incomplete or outdated information provided by the customer shall be borne by the customer.

1.5 Special Requests

The Company will endeavour to communicate special requests, including dietary requirements, bed type, adjoining rooms, preferred floor, seating, accessibility arrangements and other special requests, to the relevant suppliers.

However, unless such requests have been expressly confirmed in writing, they shall not constitute a guarantee.

2. CANCELLATION POLICY

2.1 Individual / Customised FIT

All cancellations must be submitted to the Company in writing. Verbal cancellation will not be accepted.

The following cancellation terms shall apply:

Upon payment of the deposit: The deposit is non-refundable.
Within 45 days before departure: 100% of the Tour Fare is non-refundable.

Any airfare, personalised train ticket or other non-refundable ticketing cost already paid shall not be refunded.

The cancellation charges above represent the general cancellation terms.

Where the relevant itinerary involves promotional or non-refundable airline tickets, accommodation which is non-refundable or subject to special cancellation conditions, transportation, activities, admission tickets, restaurant reservations or any other services provided by Third-Party Suppliers, the cancellation, name-change, amendment and non-refundable charges imposed by such Third-Party Suppliers shall apply separately.

Where such Third-Party Supplier costs have already been incurred or cannot be recovered from the relevant supplier, the Company shall be entitled to deduct such costs from any refundable amount.

Where the actual non-refundable Third-Party Supplier costs exceed the general cancellation charges stated above, the actual costs incurred and which cannot be recovered shall apply.

Cancellation, amendment and refund conditions may vary between airlines, accommodation providers and other suppliers and shall be subject to the applicable supplier terms in effect at the time of booking and cancellation.

2.2 Group Tours

Cancellation Before the Tour Is Confirmed

Before the Company has formally confirmed that the Group Tour will proceed, a Traveller who cancels for personal reasons may choose to:

transfer the amount already paid to another designated tour offered by the Company; or
request a refund, subject to a RM150 administrative processing fee, together with any Third-Party Supplier costs which have already been incurred and cannot be recovered, if applicable.

Cancellation After the Tour Is Confirmed

Once the Group Tour has been confirmed, a Traveller who wishes to cancel for personal reasons must notify the Company in writing.

Cancellation charges shall be calculated based on the date on which the Company receives the written cancellation notice:

45 days or more before departure: Deposit is non-refundable.
22–44 days before departure: 50% of the Tour Fare is non-refundable.
15–21 days before departure: 75% of the Tour Fare is non-refundable.
Within 14 days before departure: 100% of the Tour Fare is non-refundable.

The cancellation charges above represent the general cancellation policy applicable to Group Tours, subject to a RM150 administrative processing fee.

Where the relevant itinerary involves promotional or non-refundable airline tickets, accommodation which is non-refundable or subject to special cancellation conditions, transportation, activities, admission tickets, restaurant reservations or other services provided by Third-Party Suppliers, the cancellation, name-change, amendment and non-refundable charges imposed by such Third-Party Suppliers shall apply separately.

Where such Third-Party Supplier costs have already been incurred or cannot be recovered from the relevant supplier, the Company shall be entitled to deduct such costs from any refundable amount.

Where the actual non-refundable Third-Party Supplier costs exceed the general cancellation charges stated above, the actual costs incurred and which cannot be recovered shall apply.

2.3 Private Groups

A Traveller may independently arrange a suitable replacement Traveller and may request a transfer or refund, subject to a RM150 administrative fee.

Private Group pricing is calculated based on the originally confirmed number of participants. If a cancellation results in a reduction in the number of Travellers, additional costs may arise.

If the number of Travellers falls below the minimum required number following a cancellation, the Company reserves the right to:

cancel the tour and provide an appropriate refund or transfer arrangement; or
convert the tour into a public Group Tour and notify all participants of the revised arrangement.

2.4 Other Cancellation Circumstances

Where a visa application is rejected, the Traveller may apply for a refund. The amount of any refund shall be assessed based on the actual circumstances.

Where an unexpected event or force majeure circumstance occurs, including but not limited to severe weather, epidemic or pandemic, strikes or other events beyond reasonable control, the Company reserves the right to amend or cancel the itinerary.

2.5 Replacement Traveller Arranged by the Cancelling Traveller

Where a cancelling Traveller independently finds a suitable replacement Traveller, the Company may determine whether the replacement can be accepted based on whether the relevant airline, accommodation provider, supplier and other travel arrangements permit a name change or transfer.

Where the Company agrees to allow the replacement Traveller to take over the original booking, all applicable name-change fees, amendment fees, supplier charges and a RM150 administrative processing fee shall be borne by the relevant Traveller.

Any financial arrangement between the original Traveller and the replacement Traveller shall be settled directly between those parties.

The Company shall not be responsible for any private payment or financial arrangement between the original Traveller and the replacement Traveller.

2.6 Replacement / Resale Assistance

Following cancellation by a customer, the original booking shall continue to be dealt with in accordance with the applicable cancellation terms.

The Company’s subsequent successful sale of another tour place shall not automatically create any additional entitlement to a refund for the original Traveller.

The Company may, at its discretion, assist in sourcing a new participant.

Where the Company successfully secures a replacement Traveller and receives the required payment, the Company may separately offer the original Traveller a Goodwill Refund.

The amount and conditions of any Goodwill Refund shall be agreed in writing with the original Traveller before the Company commences replacement assistance and may take into consideration:

supplier costs already incurred;
airfare and/or name-change charges;
discounts offered to the replacement Traveller;
remarketing or resale costs; and
administrative costs.

3. TRAVEL DOCUMENTS & TRAVELLER RESPONSIBILITIES

3.1 Passport, Visa and Entry Requirements

Travellers must possess valid travel documents which meet the requirements of the destination and any transit countries.

Unless the destination imposes a different requirement, Travellers are advised to ensure that their passports remain valid for at least 6 months from the planned date of return to Malaysia.

Travellers are responsible for ensuring that they possess:

a valid passport or recognised travel document;
any required visa or electronic travel authorisation;
any required vaccination, health or entry documentation; and
all other documents necessary to comply with the entry requirements of the destination and transit countries.

The Company may provide reasonable information and assistance. However, immigration authorities, consulates and other relevant authorities retain final authority over visa, immigration and entry decisions.

The Company cannot guarantee approval of any visa, entry permit or immigration clearance.

3.2 Health, Mobility and Special Assistance

Travellers should assess, before booking, whether their physical condition is suitable for the relevant itinerary, including long-distance walking, high-altitude travel, snow conditions, outdoor activities, hot springs, boat journeys or other activities forming part of the itinerary.

Travellers who require wheelchair assistance, mobility assistance, special medical arrangements or dietary arrangements are advised to notify the Company at the time of booking so that the Company can confirm whether the relevant suppliers are reasonably able to provide the required arrangements.

The Company will not arbitrarily refuse participation merely because a Traveller requires reasonable assistance. However, certain activities, transportation services or local facilities may be subject to practical limitations.

3.3 Punctuality and Personal Responsibility

Travellers must comply with meeting times, flight schedules, transportation arrangements, local laws and reasonable safety instructions given by the Tour Leader or tour guide.

Where a Traveller misses a flight, transportation, activity or part of the itinerary due to lateness, unauthorised departure from the group, personal conduct, documentation issues or other reasons attributable to the Traveller, any additional costs incurred shall generally be borne by that Traveller.

3.4 Refusal of Entry or Deportation

Where a Traveller is denied entry, detained or deported as a result of non-compliant travel documents, visa issues, possession of illegal or restricted items, breach of local laws, incorrect information or personal conduct, the Company shall not be responsible for the Traveller’s resulting personal expenses.

Any refund for unused travel services shall be handled in accordance with these Terms & Conditions, the applicable supplier conditions and applicable law.

4. COMPANY RESPONSIBILITIES

4.1 Company Responsibilities

The Company shall arrange travel services in accordance with the final confirmed itinerary, Booking Confirmation, quotation and relevant written information, including the applicable accommodation, transportation, meals, activities and other services.

Where an originally scheduled service cannot reasonably be provided due to actual circumstances, the Company shall, where reasonably practicable, arrange an alternative service of a similar nature and value.

Where there is a material difference in value between the substitute service and the originally confirmed service, the Company shall consider the actual circumstances, any refund received from the relevant supplier and applicable law when determining an appropriate refund or compensation.

4.2 Third-Party Travel Services

Flights, hotels, rail services, ferries, coaches, activities and other travel services may be operated by independent Third-Party Suppliers.

The Company shall exercise reasonable care in selecting and arranging such suppliers. However, the relevant services remain subject to each supplier’s own safety, operational, cancellation, amendment and usage rules.

Nothing in these Terms & Conditions shall exclude or restrict any liability of the Company which cannot lawfully be excluded or restricted under Malaysian law.

5. TOUR INFORMATION, PRICING & CHARGES

5.1 Tour Pricing

All published prices are based on the information and costs available at the time the quotation or offer is issued.

Before a tour is formally confirmed, the Company may revise the quotation where actual costs change as a result of:

airfare;
transportation costs;
accommodation rates;
foreign exchange fluctuations;
government taxes or charges;
airport taxes;
mandatory local charges; or
other cost changes outside the Company’s reasonable control.

The Company may adjust the tour quotation and shall inform the customer of the revised price before the customer confirms the tour.

After a tour has been formally confirmed, the Company shall not unreasonably or unilaterally increase the confirmed price without proper basis.

Where a government authority, regulatory body or relevant service provider imposes a new tax or mandatory charge after confirmation, such additional charge shall be dealt with in accordance with applicable law and the actual circumstances, and the customer shall be informed in advance.

5.2 Inclusions

The actual inclusions for each tour or booking shall be as specified in the final itinerary, quotation and Booking Confirmation.

Depending on the relevant package, inclusions may include:

Accommodation, specified meals, transportation, attractions, activities, Tour Leader services, photography services and other items expressly stated as included.

Accommodation shall generally be arranged on a Twin / Double Sharing, Triple Sharing or other basis stated in the relevant quotation.

Where a Traveller requests single occupancy and the applicable Tour Fare does not include the single-room surcharge, a Single Supplement shall be payable separately.

5.3 Exclusions

Unless expressly stated as included in the final itinerary or quotation, the Tour Fare generally excludes:

Personal expenses, laundry, Minibar charges, Room Service, additional meals, personal shopping, personal transportation, passport and visa fees, travel insurance, excess baggage charges, personal medical expenses and any other items not expressly stated as included.

5.4 Optional and Third-Party Activities

Any activity, transportation or other service independently purchased by a Traveller from an external third party and which does not form part of the Company’s tour package shall not be considered a service provided by the Company.

Where an optional activity is directly sold by the Company, payment is collected by the Company, or the activity is expressly incorporated into the itinerary, responsibility and cancellation conditions shall be dealt with in accordance with the relevant booking terms and applicable law.

6. ITINERARY CHANGES, FORCE MAJEURE & CANCELLATION BY THE COMPANY

6.1 Itinerary Adjustments

Airline schedules, road conditions, weather, attraction operating schedules, traffic restrictions, local events, accommodation availability and other practical circumstances may require changes to the sequence of the itinerary, transportation, accommodation, restaurants or activities.

Provided that the principal purpose and overall value of the tour are not materially affected, the Company may adjust the sequence of visits or arrange reasonable alternatives for operational reasons.

The Company shall endeavour to inform Travellers of any material changes as soon as reasonably practicable.

6.2 Force Majeure and Events Beyond the Company’s Reasonable Control

Such events include, but are not limited to:

Severe weather, natural disasters, war, terrorism, political unrest, strikes, public health emergencies, government orders, border closures, transportation disruption, major airline schedule changes, airport closures or other circumstances beyond the Company’s reasonable control.

Where such an event affects the tour, the Company shall make reasonable efforts to assist with amendments or alternative arrangements.

Responsibility for any resulting additional accommodation, transportation, meals, flights or personal expenses shall be determined having regard to the party responsible for the event, applicable supplier terms, insurance coverage, applicable law and the actual circumstances.

Such expenses shall not automatically be treated as the Company’s responsibility, nor shall they automatically be passed on to the Traveller.

6.3 Cancellation Due to Force Majeure

Where the Company is required to cancel a tour due to circumstances beyond its reasonable control, the Company may offer an alternative tour to the same or another destination and/or on an alternative travel date.

If the customer does not accept the alternative arrangement, any refund shall be dealt with in accordance with the applicable uniform tour terms and conditions, applicable law and any booking conditions agreed in writing.

6.4 Cancellation of a Group Tour Due to Insufficient Participants, Transportation Seats or Accommodation

Where the Company cancels a Group Tour because the minimum number of participants has not been reached, or because the necessary transportation seats or accommodation cannot be secured, the Company shall provide a refund in accordance with the applicable uniform tour terms and conditions.

Where the Company gives notice of cancellation within the following periods, the applicable compensation shall be provided:

8–14 Working Days before departure: Full refund of the Tour Fare plus RM50 per person compensation.
1–7 Working Days before departure: Full refund of the Tour Fare plus RM75 per person compensation.
On the day of departure: Full refund of the Tour Fare plus RM100 per person compensation.

If the applicable law or uniform terms and conditions are subsequently amended, the requirements in force at the relevant time shall apply.

7. UNUSED SERVICES & BAGGAGE

7.1 Unused Services

Where a Traveller voluntarily gives up, fails to participate in or does not use any flight, accommodation, meal, transportation, attraction, activity or other service included in the Tour Fare for personal reasons, no refund shall generally be provided.

Where the relevant supplier actually refunds part of the amount to the Company, the Company may deal with such refund according to the circumstances.

7.2 No-Show

A Traveller who fails to appear on the departure date, fails to notify the Company in advance or is otherwise unable to depart for personal reasons shall be treated as having cancelled the tour.

The cancellation policy under Section 2 shall apply.

7.3 Baggage

Checked baggage and cabin baggage allowances, including weight, dimensions and quantity, shall be subject to the rules imposed by the relevant airline or transportation provider.

Any excess baggage, oversized baggage, special baggage or additional baggage charge shall be borne by the Traveller.

In the event of delayed, damaged or lost baggage, the Traveller should first follow the claims procedure of the relevant airline, transportation provider and/or travel insurer.

The Company will provide reasonable assistance in supplying relevant travel documents in its possession where required.

8. TRAVEL INSURANCE

The Company strongly recommends that all Travellers purchase adequate personal travel insurance as soon as possible after confirming their tour.

Recommended coverage includes:

trip cancellation;
trip interruption;
flight delay;
Missed Connection;
Travel Reroute;
medical expenses;
emergency medical evacuation;
personal accident;
baggage delay or loss; and
any other protection appropriate to the relevant destination and activities.

The actual insurance coverage, Excess, exclusions and limits of indemnity shall be governed entirely by the relevant insurer’s Policy Wording.

Any insurance claim must be submitted directly by the Traveller to the relevant insurance company.

The Company may provide reasonable assistance by supplying an Invoice, itinerary, Booking Confirmation or other relevant documents held by the Company.

The existence of travel insurance shall not reduce any liability which the Company is required by law to bear.

9. GROUP CONDUCT, SAFETY & REMOVAL FROM TOUR

9.1 Standards of Conduct

All Travellers are expected to respect fellow Travellers, Tour Leaders, drivers, tour guides, suppliers and local residents.

Conduct which may be regarded as seriously affecting group safety or the normal operation of the tour includes, but is not limited to:

Violence, threats, serious harassment, persistent verbal abuse, deliberate damage to property, serious intoxication or loss of control, possession of illegal items, serious breaches of local law, deliberate disregard of safety instructions, or persistent behaviour which materially interferes with the normal travel experience of other Travellers.

9.2 Warning and Removal from the Tour

Except where there is an immediate safety risk or a serious incident, the Company will, where reasonably practicable, first provide the relevant Traveller with a reminder or warning.

Where the conduct continues, or where the Company has reasonable grounds to believe that the Traveller presents a serious safety risk or causes material disruption to themselves, other Travellers, staff or the tour arrangements, the Company may require the Traveller to cease participating in certain activities or to leave the group.

Where an airline, hotel, transportation company, Local Operator or other supplier refuses to continue providing services to a Traveller for reasonable safety or behavioural reasons, the Company may take corresponding action.

9.3 Costs Following Removal from the Tour

Where a Traveller is required to leave the tour because of the Traveller’s own serious misconduct, any resulting accommodation, transportation, meals, airfare or other personal expenses shall be borne by that Traveller.

Any refund for unused services shall depend on the amount actually refundable by the relevant supplier, Section 7 of these Terms & Conditions and applicable law.

Where such conduct causes actual loss or damage to the Company, its staff, suppliers or other Travellers, the Company reserves the right to recover reasonable losses in accordance with applicable law.

10. PHOTOGRAPHY, IMAGES & PERSONAL DATA

10.1 Travel Photography

Certain boutique tours organised by the Company include travel photography and trip documentation. Group photography, video recording and general travel documentation may therefore take place during the tour.

Travellers who do not wish their identifiable image or likeness to be used for the Company’s public promotional purposes may notify the Company before departure or at the time of photography or filming.

Where identifiable promotional images of minors are involved, the Company will obtain appropriate consent from a parent or legal guardian.

10.2 Promotional Use

Where identifiable photographs or videos are used on the Company’s website, social media, advertising materials or for other commercial promotional purposes, the Company shall process such materials in accordance with applicable personal data protection requirements and the relevant consent.

If a Traveller subsequently withdraws consent for future promotional use, the Company shall, where reasonably practicable, cease new future use.

However, the Company cannot guarantee the withdrawal or removal of materials which were lawfully published, printed or shared by third parties before the consent was withdrawn.

10.3 Processing of Personal Data

The Company may collect and process personal information reasonably required to complete travel arrangements, including:

name;
contact details;
passport information;
date of birth;
flight information;
accommodation information;
emergency contact details; and
other relevant information.

Such information may be processed for purposes including:

Tour reservations, ticketing, accommodation, transportation, visa assistance, payment processing, customer service, safety and emergency response, and compliance with legal or regulatory requirements.

10.4 Third Parties and Cross-Border Data Transfers

In order to provide travel services, the Company may need to disclose relevant personal information to airlines, hotels, overseas Local Operators, transportation providers, tour guides, activity operators, insurers, payment service providers, government authorities or other service providers that reasonably require such information.

As travel services may take place outside Malaysia, relevant personal information may also need to be transferred and processed outside Malaysia.

The Company shall process personal information in accordance with the applicable Personal Data Protection Act 2010, the Company’s Privacy Notice and other applicable requirements, and shall take reasonable steps to protect such information.

11. COMPLAINTS, REFUNDS & DISPUTE RESOLUTION

11.1 Issues During the Tour

Where any issue involving accommodation, transportation, activities, service quality or any other tour service arises during the tour, the Traveller should notify the Tour Leader or the Company as soon as reasonably possible so that the Company has a reasonable opportunity to investigate and address the matter promptly.

Where a Traveller does not notify the Company while there remains a reasonable opportunity for the Company to address the matter, and only raises the issue after completion of the tour, the Company’s ability to investigate or verify the matter may be affected.

11.2 Complaints After Completion of the Tour

Where a Traveller wishes to make a formal complaint after completion of the tour, the Traveller is encouraged to submit the complaint in writing within 14 days after completion of the tour, together with any relevant information, photographs, receipts or other supporting evidence.

The 14-day period is intended to facilitate timely investigation by the Company and does not exclude or shorten any consumer right or statutory complaint period available under applicable law.

11.3 Company Response

The Company shall deal with complaints as soon as reasonably practicable after receiving complete information relating to the complaint.

Under normal circumstances, the Company will endeavour to provide an initial response within 14 Working Days.

Where the matter involves overseas suppliers, airlines, insurers or requires further investigation, the Company will inform the customer of the progress of the matter.

11.4 Refund Processing

Where it has been confirmed that a customer is entitled to a refund, the Company shall arrange payment within a reasonable period after the refund amount and responsibility have been determined.

Where a refund depends upon an actual refund from a Third-Party Supplier, Credit Note, foreign exchange adjustment or final reconciliation of costs, the processing period may depend upon the relevant supplier’s procedures.

The Company shall provide reasonable updates regarding the progress of such refund.

Nothing in this Section limits any refund or compensation which applicable law requires to be paid within a specified period.

11.5 Disputes

The Company encourages the parties to first attempt to resolve any dispute through written communication.

Where a resolution cannot be reached, both the customer and the Company retain the right to seek resolution through MOTAC, the Tribunal for Consumer Claims Malaysia, the courts or any other competent authority, in accordance with applicable law.

Nothing in these Terms & Conditions limits any consumer right available to the customer under applicable law.

12. GENERAL TERMS

12.1 Contract Documents

The final confirmed itinerary, Booking Confirmation, Quotation / Invoice, any written terms applicable to a specific departure, and these Terms & Conditions collectively form the terms governing the relevant travel booking.

Where a particular departure is subject to special terms which have been clearly communicated before booking, such special terms may apply together with these general Terms & Conditions, provided that they do not reduce any right granted to the customer under mandatory applicable law.

12.2 Third-Party Supplier Terms

Where a particular service is subject to special terms imposed by an airline, hotel, cruise operator, activity provider or other Third-Party Supplier, the Company shall, where reasonably practicable, disclose any material non-refundable, name-change, amendment or usage restrictions before booking or payment.

12.3 Goodwill and Special Assistance

Any additional refund, Replacement Assistance, complimentary amendment, discount, compensation or other Goodwill Arrangement provided by the Company in an individual case shall not constitute a waiver by the Company of its rights under these Terms & Conditions.

It shall also not automatically establish a precedent or entitlement applicable to another booking or any future situation.

All special arrangements shall be subject to the relevant written agreement between the parties.

12.4 Version of Terms & Conditions

As a general rule, the version of these Terms & Conditions published or provided to the customer at the time the booking is completed shall apply to that booking.

The Company may update these Terms & Conditions for future bookings as a result of changes in law, regulatory requirements, business improvements or other reasonable reasons.

However, an update published on the Company’s website shall not, by itself, retrospectively and materially reduce the rights of a customer under an already confirmed booking.

Where an amendment is required by mandatory law, the applicable legal requirement shall prevail.

12.5 Severability

If any provision of these Terms & Conditions is determined by a court, tribunal or other competent authority to be invalid, unenforceable or inconsistent with applicable law, that provision shall cease to apply only to the extent necessary.

The remaining provisions shall continue in full force and effect.

12.6 No Waiver

Where the Company does not immediately enforce any provision of these Terms & Conditions in a particular instance, this shall not constitute a permanent waiver of the Company’s right to enforce that provision.

12.7 Governing Law

These Terms & Conditions and the relevant travel booking shall be governed by the laws of Malaysia and shall be subject to all applicable laws and regulations governing licensed tourism operators and consumers.

PHOTOFLY TRAVEL SDN BHD
Play n Fly 飞常好玩
MOTAC Licence No.: L/N/12570