1. Your Agreement
This website (“this Website”) is operated by Holidaylah, a business brand of GT5 PLT MyLLP NO: LLP0012884-LGN, Malaysia incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using this Website and the services offered by Holidaylah, its affiliated companies (together, “Holidaylah”) or the third-party operators (the “Operator”) through this Website (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Services.
2. Change of Terms of Use
I. Holidaylah’s Modifications:
a) Holidaylah reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Holidaylah changes or modifies this Terms of Use, Holidaylah will post the changes to or modifications of this Terms of Use on this page and will indicate at the top of this page the date on which this Terms of Use was last revised.
b) Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Services. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes.
c) In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Holidaylah from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
I. Ownership of Content:
a) This Website, the domain name (www.Holidaylah.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Holidaylah in connection therewith are owned and operated by Holidaylah.
II. Provision and Accessibility of Services
a. Subject to this Terms of Use, Holidaylah may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this Website. The Services that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Website, any Services offered by Holidaylah by itself or on behalf of the Operators on this Website. Holidaylah may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Holidaylah may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
b. Holidaylah does not guarantee that the Services will always be available or uninterrupted. Holidaylah will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
c. If you link to is Website, Holidaylah may revoke your rights to so link at any time, at Holidaylah’s sole discretion. Holidaylah reserves the right to require prior written consent before linking to this Website.
4. Website and Content
I. Use of the Content
a. All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs,images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non- commercial use of the Services and may only be used in accordance with this Terms of Use.
b. If Holidaylah agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Holidaylah may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
c. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
II. Holidaylah’s Liability for the Website and Content
a. Holidaylah cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website.
b. Holidaylah cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
c. Under no circumstances will Holidaylah be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
I. Intellectual Property
a. All intellectual property rights subsisting in respect of this Website belong to Holidaylah or have been licensed to Holidaylah for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Holidaylah or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
I. Uploading of Information
In the course of accessing this Website or using the Services, you may provide information which may be used by Holidaylah and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting
information or content on the Website or otherwise providing content, materials or information to Holidaylah and/or the Operators in connection with the Services (“User Submissions”):
a. You hereby grant to Holidaylah and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Holidaylah’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
b. You agree and authorize Holidaylah to use your personal data in accordance with the Privacy Policy in effect from time to time;
c. You hereby grant each user of this Website a nonexclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use;
d. You acknowledge and agree that Holidaylah retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Holidaylah does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing;
e. You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and
f. That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Holidaylah will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
I. Use of this Website and the Services
You represent, warrant and undertake to Holidaylah that you will not provide any User Submissions or otherwise use this Website or
the Services in a manner that:
a. Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
b. Violates any law, statute, ordinance or regulation; or
c. Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
d. Involves commercial activities and/or sales without Holidaylah’s prior written consent such as contests, sweepstakes, barter, advertising, or
e. pyramid schemes; or
f. Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Holidaylah; or
g. Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
II. Removal of user Submissions
a. Holidaylah reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Holidaylah is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
III. Responsibility for User Submissions
a. You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
b. You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to Holidaylah that:
c. You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Holidaylah to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Holidaylah’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
d. You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Holidaylah that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run maillist, listserv, or any other form of auto- responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
e. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
I. Opening of the Holidaylah Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Holidaylah (“Holidaylah Account”).
II. Provision of Personal Information
a. As a condition to using some aspects of the Services, you may be required to register with Holidaylah and select a password and user name (“Holidaylah User ID”). If you are accessing the Services through a Third Party Website or service, Holidaylah may require that your Holidaylah User ID be the same as your user name for such Third Party Website or service.
b. You shall provide Holidaylah with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Holidaylah Account.
c. You represent that you shall not: (a) Select or use as a Holidaylah User ID a name of another person with the intent to impersonate that person; or (b) Use as a Holidaylah User ID a name subject to any rights of a person other than you without appropriate authorization.
d. Holidaylah reserves the right to refuse registration of or to cancel a Holidaylah Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews – Further correspondence – Rights to User Content
I. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or
marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Holidaylah platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account will be awarded Holidaylah credits, which may be used towards your
next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Holidaylah credits. Holidaylah further reserves the right to deduct any credits directly from your Holidaylah account without prior notice.
II. By posting a review, you grant Holidaylah the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Holidaylah reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
III. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
a. 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 platform;
b. such content is accurate and not misleading; and
c. 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.
IV. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
V. You further grant Holidaylah the right to pursue at law any person or entity that violates your or Holidaylah’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
VI. Content submitted by users will be considered non-confidential and Holidaylah is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Holidaylah reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Holidaylah is 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 Holidaylah. Holidaylah shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
I. Booking Confirmation
a. Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
II. Purchase and Use of the Vouchers
a. Through this Website, you may purchase vouchers from Holidaylah for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
b. In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
c. An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Holidaylah nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
III. Terms of the Vouchers
a. The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Website.
b. Vouchers are admission tickets to one-time events (‘Events’): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
IV. Cancellation of Vouchers
a. You may cancel your Voucher by contacting Holidaylah customer service within the cancelation period, as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
b. The Operator, not Holidaylah, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
c. Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at the time prior to purchase.
d. If an Event which you have purchased a Voucher for is canceled by the Operator, Holidaylah will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
V. Required Assistance
a. If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Holidaylah at support@Holidaylah.com, and Holidaylah will try to liaise with the Operator for an appropriate remedy.
VI. Additional Chargers
a. Holidaylah reserves the right to require payment of fees or charges for any Services offered by Holidaylah. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
VII. Modifications to Charges
a. Holidaylah reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by Holidaylah following such notification constitutes your acceptance of any new or revised fees or charges.
VIII. Holidaylah’s Rights and Obligations
a. Holidaylah reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Holidaylah’s sole discretion.
b. Holidaylah intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
c. Whilst the Operats are required to provide Holidaylah with accurate and updated prices of the Services on this Website, Holidaylah cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
IX. The above terms and conditions & return policies are appliable to all Holidaylah users worldwide.
11. Discounts
I. Holidaylah Credits are points that are awarded to you and will be accumulated in your Holidaylah Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from Holidaylah’s platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) Holidaylah Credits may be used to offset one Ringgit (RM1.00) of the total check out price. Conversion into any other currencies will be calculated based on the exchange rate Holidaylah uses on the date of your purchase offset.
II. Holidaylah Credits may be earned through the following means and the amount of Holidaylah Credit received may vary with each purchase and is at the sole discretion of Holidaylah: (a) rebates from previous purchases (b) earning through any means authorized by Holidaylah at its sole discretion (c) submission of activity review after successfully completing any eligible Holidaylah activities you purchased
III. You will only receive Holidaylah Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive Holidaylah Credits for the first review you have submitted for that activity.
IV. All Holidaylah Credits earned any time in the first calendar year will expire on the last day of the next calendar year. Therefore, if you are awarded a Holidaylah Credit on 1 October 2017, that Holidaylah Credit will expire and therefore be deducted from your account on 31 December 2018. All the credits accumulated to date as of 25 September 2017, regardless of when you obtained the Holidaylah Credits and remained unused will expire on 31 December 2018.
V. Holidaylah Coupons
a. Holidaylah Coupons are coupons with a one-time use that will be sent to your designated email address or applied directly to your Holidaylah Account, which may be used in exchange for discounts off future bookings on the Holidaylah Booking Platform.
b. Holidaylah Credits may be attained through the following means: (a) You may receive Holidaylah Coupons through the Holidaylah Referral Program, as further elaborated on in Clause 11; or (b) You may receive Holidaylah Coupons by other authorized means as determined at Holidaylah’s sole discretion.
VI. Abuse of Discounts
a. In the event where it has come to Holidaylah’s attention that the Holidaylah Credits or Holidaylah Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Holidaylah, Holidaylah reserves the right to the following: (a) Termination of your Holidaylah Account with immediate effect; or (b) Cancelation of all Holidaylah Credits or Holidaylah Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Holidaylah at its sole discretion.
12. Holidaylah Referral Program
I. The Program
a. On certain Holidaylah Sites, Holidaylah may offer members the chance to earn Holidaylah Coupons, when they invite friends to become members of a Holidaylah Site and those friends make a confirmed booking through an authorized Holidaylah invitation channel (“Holidaylah Authorized Channel”) (e.g. an invitation sent through Holidaylah’s website, Facebook or another social media channel as supported by Holidaylah).
II. Terms
a. You may only earn Holidaylah Coupons via Holidaylah’s authorized member invite mechanisms. Referrals outside of Holidaylah Authorized Channel will not result in any Holidaylah Coupons. You understand that Holidaylah Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
b. You will only receive Holidaylah Coupons for the first confirmed booking made by a friend who makes his or her first booking on the Holidaylah Sites and subsequently completes his or her first booking as a result of an invite from you via a Holidaylah Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Holidaylah Coupons, and Holidaylah will have no liability to you for your friend’s failure to follow directions.
c. You agree that having multiple Holidaylah Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the Holidaylah Referral Program system may, without limiting any of Holidaylah’s other rights or remedies, result in forfeiture of your membership and all Holidaylah Coupons in your Holidaylah Account.
d. You must not conduct your own promotion in connection with the Holidaylah Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Holidaylah, including the use of any trademarks of Holidaylah.
e. Holidaylah reserves the right to void referrals and Holidaylah Coupons earned if it is suspected that the referrals or Holidaylah Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Holidaylah.
f. Holidaylah Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on Holidaylah’s website
g. Holidaylah reserves the right to modify the values and rewards of the Holidaylah Referral Program based on each user’s activity.
h. Holidaylah Referral Program is void where prohibited by law. Holidaylah reserves the right to modify or terminate the Holidaylah Referral Program at any time. Should there be any tax liability for the accumulation and/or use of Holidaylah Coupons, such taxes are the sole responsibility of the participant. You understand that your Holidaylah Account may not accurately reflect the Holidaylah Coupons you have actually earned. Holidaylah will have no liability for any errors displayed in your Holidaylah Account.
13. Privacy Policy
I. Privacy Policy
a. For Holidaylah’s policy relating to its use of of your personal data, please review Holidaylah’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
14. Indemnity
I. Holidaylah’s Indemnification
a. You will indemnify and hold Holidaylah, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Holidaylah User ID.
II. Holidaylah’s Involvement
a. Holidaylah may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Holidaylah without Holidaylah’s prior written approval. Holidaylah reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
15. Disclaimers and Limitation of Liability
I. Parties’ Relationship
a. Holidaylah has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Holidaylah has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
II. Services and Comments
a. You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. Holidaylah makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
III. Exemption of Liability
a. In no event will Holidaylah, this Website, or any of Holidaylah’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
b. These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
c. This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Holidaylah makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for aparticular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
d. You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Holidaylah and by posting information on this Website, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Holidaylah other than pursuant to this Terms of Use.
e. You acknowledge and agree that you will not hold or seek to hold Holidaylah responsible for the content provided by any Operator or third party and you further acknowledge and agree that Holidaylah is not a party to any transaction in relation to the Services provided by any Operator or third party. Holidaylah has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
IV. Remedies
a. If you are dissatisfied with this Website, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Holidaylah or another user of this Website with respect to this Terms of Use or this Website, your sole and exclusive remedy against Holidaylah is to discontinue use of this Website.
b. In any event, to the fullest extent permissible by the applicable law, Holidaylah’s liability, and the liability of any member of Holidaylah, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of:
(a) The amount of fees you paid to Holidaylah in the twelve months prior to the action giving rise to liability; or (b) Malaysia Ringgit 500.00 in the aggregate for all claims.
16. Interaction with Third Parties
I. Links to Third Party Websites
a. This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Holidaylah, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Holidaylah of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
b. Holidaylah has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Holidaylah will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Holidaylah harmless from any and all liability arising from your use of any Third Party Website.
c. Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
d. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
II. Holidaylah’s Responsibility
a. You agree that Holidaylah shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Holidaylah is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Holidaylah, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
17. Payment
I. In order to ensure there is adequate operational support in respect of dispute management, refunds, cancellations, returns and customer support, the following Holidaylah entities shall be the responsible contracting parties under this Terms of Use:
a. in respect of transactions in Malaysia, GT5 PLT LLP0012884-LGN
18. Termination
I. Termination by Holidaylah
a. This Terms of Use shall remain in full force and effect while you use this Websites or the Services. Holidaylah may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Holidaylah may also terminate or suspend any and all Services and access to this
Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
II. Effects of Termination
a. Upon termination of your Holidaylah Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
b. If this Terms of Use is terminated as a result of your breach, Holidaylah reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
19. Passports, Visas & Insurances
I. Your Responsibilities
a. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
b. As visa and health requirements are subject to changes without notice, Holidaylah recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
c. Holidaylah strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
20. Governing Law
I. This agreement is governed by the laws of Malaysia. Any dispute may be submitted to the jurisdiction of the Malaysia Courts. If any provisions of this Agreement is or becomes invalid or unenforceable, the remaining provisions shall not be affected.
21. Miscellaneous
I. Severability
a. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
II. Assignment
a. This Terms of Use is not assignable, transferable or sub-licensable by you except with Holidaylah’s prior written consent. Holidaylah may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
b. The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
1. Rental Period
The terms and conditions of this agreement apply to any vehicles, including replacement vehicles, rented from HOLIDAYLAH. The Render shall rent the vehicle for the rental period stated in this agreement. HOLIDAYLAH may agree to extend this rental period at own discretion. If the renter fails to return the vehicle at the end of the period. HOLIDAYLAH shall either charge the rental at the contracted rate for the period of time renter has possession of the vehicle or HOLIDAYLAH resumes possession of which case the renter shall be liable for all costs and expenses incurred by HOLIDAYLAH in resuming possession of the vehicle. The Renter shall return the vehicle, together with all tyres, tools, accessories and equipment to the HOLIDAYLAH station specified on the enclosed rental agreements (location & date).
2. Renter’s Responsibilities
a) The Renter shall ensure the vehicle and keys is kept good condition at all times during the period of rental. The Renter shall ensure the vehicle is kept locked when the vehicle is not in use, and the Renter will incur a charge a charge (which HOLIDAYLAH will set from time to time) for lost keys. The Renter shall utilize any security device fitted to or supplied with the vehicle. The Renter must ensure that the correct fuel is used for the vehicle.
b) The Renter shall be fully responsible for any damage to the exterior part of the vehicle (front, rear, upper, lower sides and under carriage) caused by hitting any object. This applies irrespective of whether or not the Renter has opted for the super collision damage waiver and collision damage waiver in accordance with clause 6
c) The renter shall not sell, rent, remove, replace or dispose of the vehicle or any of its parts thereof. The renter shall not grant any person (s) any legal right over the vehicle.
d) The Renter shall not carry out any repair or service work on the vehicle without out obtaining the written permission of HOLIDAYLAH.
e) The Renter must notify HOLIDAYLAH immediately as soon as the Renter is aware of a defect of damage in the vehicle and the Renter is liable for all damage and loss (including theft) caused to the vehicle during the period of rental.
f) Upon the end of the rental period .the Renter shall return the vehicle to the agreed return location, during the operating hours displayed at the rental location and HOLIDAYLAH’s staff shall examine the vehicle to ascertain that the vehicle to is in good condition. Where HOLIDAYLAH has agreed that the Renter may return the vehicle outside operating hours, or where the Renter has requested collection of the vehicle. The Renter’s liability of damage, theft, parking violations and charges shall extend to midday of the first working day following the collection time (working day is defined according to station operating hours or the time of re-inspection of the vehicle by a member of HOLIDAYLAH’s Staff.
g) Damage to the vehicle includes damage and/or loss of glass, tyre, rims, vehicle light, tyre and interior accessories.
h) The renter shall pay for repairs is the vehicle requires more than HOLIDAYLAH standard cleaning, or if the vehicle has been damaged on the interior or exterior (whether or not it is the Renter’s fault).
i) The renter shall ensure on the return of vehicle that the renter has not left any personal belongings in the vehicle and HOLIDAYLAH shall not be responsible for any of the Renter’s personal belongings left in the vehicle.
3. HOLIDAYLAH Responsibilities
HOLIDAYLAH shall maintain the vehicle to the manufacturer’s recommend standard. HOLIDAYLAH undertakes to ensure that the vehicle is in roadworthy condition and suitable at the beginning of the rental period.
4. Condition for using the vehicle
a) The vehicle shall not be operated by any person(s) who has given to HOLIDAYLAH a fictitious name or false age or address.
b) The vehicle shall only be driven by person(s) named overleaf, or by anyone HOLIDAYLAH authorizes in writing. Anyone driving the vehicle must have held a valid full current driving license for at least one year.
c) Probationary license holders are strictly not permitted to drive HOLIDAYLAH vehicle.
d) The renters or any authorized driver shall not :
□ Use the vehicle for hire to rewards. Use the vehicle for any illegal purpose.
□ Use the vehicle off-road, or racing, pace making, testing the vehicle’s reliability and speed, to propel or tow any vehicle or trailer or to teach someone to drive.
□ Use the vehicle under the influence of alcohol, drugs or any other illegal substances as determined by the authorities.
□ Carry a number of passenger and/or baggage which could cause the vehicle to be overloaded or to transport goods in violation of customs regulation or any illegal manner as determined by the authorities.
e) Entry to Thailand is strictly prohibited.
f) Durians, mangosteens and any other fruits bearing strong odor is strictly prohibited in the vehicle.
g) Cross border to Singapore is subject to approval with certain conditions and additional LLP/LLOP insurance.
5. Charges
The renter shall pay the following charges:
a) The rental charges and other optional charges at the rates shown overleaf.
b) Any charges for loss or damage resulting from non-compliance of Clause 2 and 4.
c) A refueling charge if the renter has utilized, and not replaced, the fuel HOLIDAYLAH supplied originally. The refueling charge is accordingly to the rates published at the rental location. Unless at the time of execution of this Agreement a sum has been entered overleaf (Prepaid Fuel), in which event Renter has opted to pay that sum for a full tank of fuel, it is agreed by the Renter that no credit will be granted for any unused fuel at the termination of the rental.
d) On demand, all fines and court cost for parking, traffic or other offence (including any cost which arise if the vehicle is clamped or towed). The Renter must pay the appropriate authority any fines and cost failing which, the Renter shall be responsible to pay HOLIDAYLAH an administration fee of Ringgit Malaysia Twenty (RM20.00) when HOLIDAYLAH deals with these matters.
e) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not the Renter’s fault). The Renter may not have to pay the whole of the cost of repairing or replacing the vehicle if the Renter has accepted HOLIDAYLAH. Risk Protection Program (Insurances) as shown overleaf (subject to Clause 6).
f) On demand a loss of income charges. HOLIDAYLAH will charge the Renter at the contracted rate if HOLIDAYLAH is unable to rent out the vehicle on the grounds it needs to be repaired or is a total loss and HOLIDAYLAH is waiting to receive full payment of the vehicle’s value. HOLIDAYLAH shall not charge the Renter for more than 30 days loss of income. The renter shall also be liable to a charge for any diminution in value of the vehicle on resale as a result of damage to the vehicle during the rental period.
g) On damage any charges made by the authorities as a result of seizure.
h) Any rates for delivering and collecting the vehicle which HOLIDAYLAH will set from time to time
i) Interest on any amount the Renter does not pay HOLIDAYLAH on time, at the rate of the ten per centum (10%) per annum for the due date until the date of payment of the amount due.
j) On demand HOLIDAYLAH costs including legal fees where permitted by law, incurred in collecting payments due from the Renter hereunder.
k) Value added tax and all other taxes and levies on any of the charges listed above, as appropriate.
The Renter is responsible for all charges. If the Renter intends to pay by credit card or charge card the the Renter’s signature overleaf shall constitute authority for HOLIDAYLAH to compute and debit the final total charges against the Renter’s account with its specified card issuing organization, including charges due as a result the theft of or damage to, the vehicle and any fines and court costs for parking and traffic offences as described in clause 5 (d).
6. Risk Protection
The rental charges under this Agreement includes motor third party insurance. This provides coverage in respect of property damage, 3rd party bodily injury and death liability. HOLIDAYLAH will provide Super Collision Damage Waiver, Collision Damage Waiver and Theft Protection if the Renter has indicated his acceptance by singing on the appropriate boxes overleaf. If the Renter accepts these, the Renter still has to pay the excesses as shown overleaf each time the vehicle is damaged or stolen ( even if it not the Renter’s fault) The benefit of Super Collision Damage Waiver. Collision Damage Waiver and Theft Protection may not apply in circumstances where the Renter has utilized the vehicle in an abusive manner or as specified in Clause 4. The Renter can obtain details of HOLIDAYLAH Risk Protection Program (including the main exclusion) from any HOLIDAYLAH location. Should the Renter purchase Personal Accident Insurance (PAI) and or Super Personal Accident Insurance (SPAI) as indicated overleaf he shall obtain cover under the terms of the insurance policy supplied by HOLIDAYLAH. The Renter is bound by and agrees to the terms and conditions of the insurance policy.
7. What to do in case of accident or theft
a) In the event of an accident the Renter shall not admit responsibility or liability. He must get the vehicle registration details, names and addresses of the parties involved, including witnesses.
b) The Renter agrees not to abandon the vehicle without adequate provisions for securing and safe guarding the vehicle.
c) The Renter shall immediately or within 24 hour upon the occurrence of an accident inform the police authorities and HOLIDAYLAH nearest office. The Renter shall then fill in HOLIDAYLAH Accident Report form (which must also be filled if the vehicle or its accessories is stolen) and send it to the nearest HOLIDAYLAH office within 24 hours. The Renter shall remain liable irrespective of whether he has completed this form with full details.
8. Information
HOLIDAYLAH shall maintain the personal information on the form overleaf as part of HOLIDAYLAH records to assist HOLIDAYLAH to maintain and improve its administration and management of its car rental business. In order to further enhance the car rental services and specify rentres preferences, HOLIDAYLAH may also add details of the Renters name and address to HOLIDAYLAH marketing database so that HOLIDAYLAH may for time to time notify the Renter of new services and offers. HOLIDAYLAH shall reserve the right to disclose the Renter’s information to the relevant authority if required.
9. Termination of Agreement
Upon the occurrence of one of the following event:
a) If the Renter shall fail to cause any punctual payment of rental or any amount due hereunder.
b) If the Renter shall fail to observe or perform any condition, term or covenant herein;
c) If the Renter suffers any distress or execution to be levied on the Renter’s goods or being a company make arrangement or arrangements with its creditors or enter into liquidation whether compulsory or voluntary or have a receiver appointed or winding-up order or proceedings is levied threatened upon the Renter or any judgment against the Renter shall remain unsatisfied for more than thirty (30) days.
10. Governing Law
This agreement is governed by the laws of Malaysia. Any dispute may be submitted to the jurisdiction of the Malaysia Courts. If any provisions of this Agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected
11. Deposit
In addition to the rent charges, the customer is responsible to pay deposit. We reserve the right to terminate the rental agreement if the customer fails to make payment at the time specified. The deposit is an equivalent as a guarantee of proper usage of the vehicle for the entire duration of the contract, sum which will be reimbursed if no damage is notified. Deposit should be paid upon the booking confirmation and will be refunded to customer after 15 days the car returned.
12. Cancellation & Refund Policy
a) FLEXIBLE – FULLY REFUND:
1. Reservations cancelled by email or call to our hotline within one (1) week / seven (7) days before the start of the rental. No cancellation fees will be charged
b) MODERATE – PARTIAL REFUND:
1. Cancellations made within 3 days / 72 hours before the start of the rental will be charged 50% from the rental fee.
2. Downgrade vehicle within 3 days / 72 hours before the start of the rental also will be charged 50% from the rental fee of original booking.
c) STRICT – NO REFUND:
1. Cancellations made less than 24 hours before the start of the rental.
2. Cancellations made to downgrade vehicle less than 24 hours before the start of the rental.
3. Failure to provide actual driver as registered on the form to collect the car at the specified date & time.
4. Vehicle cannot be picked up or failure to collect the car at the specified date & time.
d) NOTE: Valid claim refund:
□ Contact us within the time that was stated in the cancellation policy to document the issue and place a hold on the booking payment. Include invoice or other evidence of the issue as part of your claim.
□ Be responsive to our requests for additional information and cooperation.
□ Have used reasonable efforts to remedy the circumstances of the Rental Issue with the driver/person in-charge prior to making a claim, including messaging your contact on HOLIDAYLAH to notify them of the issue.
□ We’ll notify the transaction of refund through email. Amount will be credited to customer’s account within 3 days working day.
