The Site is provided to make available to you information about holidays, destinations, tourist attractions and promotional offers and to provide you with a facility to book holidays, flights and other travel arrangements online. The Site is not provided for any other purposes. The Site is intended only for your personal, non-commercial use. Unless otherwise specified, you alone are solely responsible for determining whether any product or service is appropriate or suitable for your requirements.
2.1 We do not warrant, represent or undertake that:
(a) the Site will meet your needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses;
(b) the information obtained from the Site or the prices published on the Site will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through your use of the Site will meet your expectations; or (c) ratings, descriptions, photographs or videos made available on the Site including but not limited to those relating to hotels, cruise ships, airlines, tours or hire cars, or the operators of any of these, are accurate.
2.2 All warranties implied by law, except those that cannot be lawfully excluded, are excluded.
4.1 We will endeavor to fulfill any booking made by you through this Site. However, due to events beyond our control, it may be necessary for us, and we reserve the right, to cancel any booking made by you through this Site. In the event that we cancel any booking made by you through this Site, we may, at our sole discretion, provide you with alternative travel arrangements. We will determine, at our sole discretion, the form and amount of any compensation payable to you by us once we have considered any relevant supplier's booking conditions and any circumstances giving rise to cancellation.
4.2 You must notify us immediately if you intend to cancel any booking made by you through this Site. In the event of a booking being cancelled a refund of the fare and charges is requested, a processing fee will be charged by Asianoverland, over and above the cancellation fee charged by the airline or the hotel, as applicable
4.3 We reserve the right to set-off any cancellation fee payable by you against any fees or deposits that you may have paid to us in respect of the booking being cancelled by you.
5.1 We reserve the right to change any booking made by you through this Site at any time and at our sole discretion. If we do so, we will notify you of any changes that have been made by us. If the change is a material one, we may, at our sole discretion, offer you alternative travel arrangements once we have considered any relevant supplier's booking conditions and any circumstances giving rise to cancellation and/or change.
5.2 You must notify us immediately of any request to change any booking made by you through this Site. We will endeavour to accommodate such a request for change. We may charge you for any change made to any booking made by you through this Site. Any charges will be based on the relevant prices applicable at the time the change is made. We reserve the right not to change your booking in accordance with your request. We may charge you an administration fee if any change is made to your booking. We will determine, at our sole discretion, the amount of any administration fee payable by you to us once we have considered any relevant supplier's booking conditions.
6.1 Unless otherwise expressly stated, all prices on this site are inclusive of all taxes, fuel surcharges, insurance levies, and airport taxes. Further information is available upon request. All prices are in the currency of the country flag you have chosen, unless otherwise specified.
6.2 In advising you of prices and availability of any product or package through this Site, we are reliant on information supplied to us by our suppliers and other third parties, and therefore prices and availability stated on the Site are subject to change at any time until your booking is confirmed and the relevant payment process is completed. While we will endeavour to ensure the information on this Site is as accurate and up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information.
6.3 Special offers may be advertised on the Site at any time, and these offers are not applicable to any transactions that have already been confirmed.
7.1 We accept all major international credit and debit cards (each a Card). Your Card will be debited when you click the 'confirm payment' button. The Card must be in the name of one of the passengers travelling and must be carried at the time of travel. The Card may need to be presented to third parties for identity verification.
7.2 Please supply with the correct Card billing and cardholder information (Payment Information). If you do not supply the correct Payment Information, the purchase of products or services from the Site may be delayed and the overall cost of your purchase may increase. We reserve the right to cancel products or services purchased from the Site if payment is declined or if you have supplied incorrect Payment Information.
7.3 We may incur charges when a booking is made through this Site using a Card. We reserve the right to pass on to you, in full, any changes incurred by us in connection with any booking made through this Site by you using a Card. We will let you know of any applicable charges prior to you clicking the 'confirm payment' button.
8.1 Currency conversions shown on the Site are for comparison purposes only. Purchases will be made in the local currency originally displayed for the relevant supplier and the actual currency conversion rate will vary from time to time. Any reliance upon the currency rates provided on the Site is at your own risk.
9.1 The Site may contain information about businesses or links to websites which are owned or operated by third parties independent of us including but not limited to carriers, hoteliers and tour operators (Third Party Companies) or material, including services, products, information, graphics or data, in relation to such Third Party Companies (Third Party Material). We make no representations or endorsements in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and Third Party Material is entirely at your own risk.
9.2 The Site may contain or link to information about special offers, deals or promotions by persons not related to or part of our company (Third Party Offers). The inclusion of any Third Party Offer on the Site does not imply any sponsorship, endorsement, verification or approval of any Third Party Offers, or any Third Party Material associated with these offers.
9.3 Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or (b) that Third Party Material does not infringe the intellectual property rights of any person. We are not, by providing links on the Site to Third Party Companies or Third Party Material, approving, verifying or authorizing in any way the reproduction of Third Party Material, or endorsing the products and services of the Third Party Companies.
9.4 Third Party Companies are independent contractors and are not agents or employees of us.
Because all servers have limited capacity and are used by many people, you must not use the Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers. You must not use the Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Site or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.
11.1 The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.
11.2 You use the Site entirely at your own risk.
11.3 You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.
11.4 Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
12.1 In order to access the Site, you must satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar) and have full legal capacity.
12.2 Any person under the age of 18 years (measured according to the Gregorian calendar) accessing the Site must have permission from their parent or guardian to do so.
12.4 In order to make use of certain parts of the Site, you will need to register an online account with us through this Site (Online Account). In order to register an Online Account, you must:
(a) satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar);
(b) provide us with complete and accurate registration information;
(d) select a username and password (Log-In Details).
12.6 In order to use the Site and your Online Account, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).
You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Site and your Online Account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Log-In Details.
14.2 The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews, comments or other Content, messages, materials or other items on the Site (Interactive Areas). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:
(a) Content that is unlawful, libelous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;
(c) Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
(e) unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
(f) private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) viruses, corrupted data or other harmful, disruptive or destructive files;
(h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
(i) Content or links to Content that, in our sole judgment, either
(a) violates any of the above;
(b) is objectionable;
(c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site; or (d) exposes (or may expose) us, any of our affiliates, or other users of the Site to any harm or liability of any type.
14.3 We take no responsibility and assume no liability for any Content posted, stored or uploaded onto the Interactive Areas by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. We are not liable for any statements, representations or Content provided by users of the Site in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
14.4 If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our affiliates, licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us and our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.
15.1 The Site may contain or make available various tools, software programs, games or other features.
15.2 Whilst we have undertaken and will take reasonable steps to ensure that any such features or information as described above are accurate and free from defect and viruses, to the extent permitted by law, we do not warrant, represent or undertake the availability, accuracy, adequacy, correctness or completeness of these features nor that they are defect or virus free. These features are provided on an "as is" basis.
16.1 Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Offers, third party services, or to access to the Site by you, however caused, whether in contract, tort (including negligence), statute or otherwise.
16.2 We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute or other labor problems, accident, emergency, delay, overbooking, cancellation, Royal demise or action of government.
18.1 As electronic services are subject to interruption or breakdown, access to the Site is offered on an "as is" and "as available" basis only.
You agree that you will not (either yourself or through any third party):
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;
(b) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Site with information, Content or data accessible via or sourced from any third party;
(c) use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;
(e) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or
(f) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Site without our prior written permission.
22.1 All intellectual property rights, including without limitation copyright in all Content on the Site, are owned by us or by our licensors.
22.2 The Asianoverland trademarks are the sole property of us or our licensors. Third party trademarks are trademarks of the respective third parties.
22.3 Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted under the applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.
23.1 Your Online Account may be suspended and your access to the Site may be terminated at any time by us without notice to you. However, all restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.
23.2 In particular but without limitation, any breaches of clauses 15.2 or 20 may result in the immediate suspension of your Online Account.
24.1 The law applicable to the Site and to disputes arising out of the Site are the laws of the Malaysia. You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
Copyright © 2018 Asianoverland. All Rights Reserved.