CONSENT TO TERMS AND CONDITIONS: Access to and use of the services of HOLIDAY ASIA, INC. (“HOLIDAY ASIA” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“customer” and/or “you/your”) agree to be bound by these terms. If you do not accept all of these terms, then please do not use our services or our websites. These terms and conditions govern the relationship between HOLIDAY ASIA and you, the Customer. No alterations to these terms and conditions may be made by any HOLIDAY ASIA employee, authorized representative or agent, unless in writing by an authorized officer of HOLIDAY ASIA.
RISKS/SAFETY. Travel to certain destinations may involve greater risk than others. HOLIDAY ASIA urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by different local and your own Government agencies prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, HOLIDAY ASIA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF HOLIDAY ASIA ACCESS AND INFORMATION FOR TRAVEL BOOKINGS. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with HOLIDAY ASIA by any means, including our Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of HOLIDAY ASIA communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with HOLIDAY ASIA is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by HOLIDAY ASIA shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by HOLIDAY ASIA and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in HOLIDAY ASIA debiting your account for any costs HOLIDAY ASIA incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by HOLIDAY ASIA.
GENERAL. This agreement is governed by law, in all disputes arising out of or relating to travel bookings with HOLIDAY ASIA, including the use of the HOLIDAY ASIA Web site. Use of the HOLIDAY ASIA Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the customer and HOLIDAY ASIA with respect to bookings made with HOLIDAY ASIA by any means accessing such information, including its’ Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and HOLIDAY ASIA with respect to communications with HOLIDAY ASIA, including the HOLIDAY ASIA Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
PAYMENTS AND CANCELLATION. Final payment is due prior to departure according to each supplier’s terms and conditions. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. As a result of such cancellation, HOLIDAY ASIA’S and third party supplier’s cancellation penalties will apply. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
Note: UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS MAY NOT BE INCLUDED IN YOUR TRAVEL PLANS. In such an event, it is the customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. HOLIDAY ASIA shall not assume any responsibility for any air and/or ground schedule changes.
LATE BOOKINGS. Prospective customers are advised to reserve early to avoid disappointment and additional fees.
TRAVEL DOCUMENTS. It is the responsibility of each customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. HOLIDAY ASIA strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS. Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements.
REFUND OF UNUSED ARRANGEMENTS. As HOLIDAY ASIA tour prices are based on contract rates, there will not be any refund for any unused portion of a tour.
HEALTH AND SECURITY REQUIREMENTS. It is each customer’s responsibility to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. HOLIDAY ASIA shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by customer’s health practitioner on a valid vaccination certificate, which the customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking
For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), please contact the relevant embassies, consulates and different government agencies.
RESPONSIBILITY AND DISCLOSURE: HOLIDAY ASIA is not the source or supplier of the travel services requested, and acts solely as a booking agent for principal supplier hotels or owners, and other independent contractors providing accommodations and/or other services abroad. Each of these companies is an independent entity with its own management, and is not subject to the control of HOLIDAY ASIA. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and/or on their respective Web sites governing the transaction. All bookings are accepted by HOLIDAY ASIA as agent for independent overseas ground and tour operators on your itinerary. The accommodations and other services provided by the operators offered are subject to the terms and conditions contained in the orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. Because HOLIDAY ASIA does not have the right to control the operations of the independent operators and their suppliers, HOLIDAY ASIA IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, which may arise out of these services. HOLIDAY ASIA is not responsible for the willful or negligent acts and/or omissions of such suppliers or of any supplier or their respective employees, agents, servants, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services. Customer’s retention of travel documents, reservations, or bookings after issuance shall constitute consent to the above, and further, that HOLIDAY ASIA shall not be liable for any accident, injury, property damage, or personal loss to Customer or to those traveling with Customer in connection with any accommodations, transportation, or other travel services or resulting directly or indirectly from any occurrences or conditions beyond its control, including, but not limited to fuel increases. Weather conditions, including but limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of the control of HOLIDAY ASIA. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by third party suppliers, which is beyond the control of HOLIDAY ASIA. HOLIDAY ASIA reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to customers any expenditure occasioned by delays or events beyond its control. In case of any appreciable variation in its cost, HOLIDAY ASIA reserves the right to adjust its rates. HOLIDAY ASIA has solely received a commission and perhaps a service fee for this transaction and Customer agrees and understands that any recovery from HOLIDAY ASIA will be limited to the commission and service fee actually received by HOLIDAY ASIA.
FORCE MAJEURE. “Force Majeure” means, in relation to HOLIDAY ASIA, any circumstances beyond the reasonable control of HOLIDAY ASIA, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
HOLIDAY ASIA shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If HOLIDAY ASIA, and/or any of its suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by HOLIDAY ASIA to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although HOLIDAY ASIA shall use its reasonable efforts to reimburse you where possible. However, HOLIDAY ASIA shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to HOLIDAY ASIA of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once HOLIDAY ASIA has investigated the prevailing situation, as it deems fit, it shall remain in HOLIDAY ASIA’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to each supplier’s terms and conditions.
INSURANCE. HOLIDAY ASIA recommends you purchase travel insurance, this can help protect you from financial loss. HOLIDAY ASIA is not responsible for cancellation, emergency evacuation, accidents abroad, illness, lost luggage, flight mishaps, weather conditions, volcanic eruptions and thus recommends that you purchase available insurance coverage at an additional charge. HOLIDAY ASIA recommends you purchase the following types of insurance:
- Trip Cancellation
- Trip Interruption
- Emergency Medical Expenses
- Emergency Evacuation/Repatriation of Remains
- Trip Delay
- Baggage & Personal Effects
- Baggage Delay and more
ALTERATIONS IN TRAVEL PLANS. Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of HOLIDAY ASIA and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.