General Terms of Use

1. Your Agreement

1.1 This website www.Mystravels.com and/or the Mystravels App (together, 'Mystravels Platform') is wholly owned and operated by Tropical Charters Sdn Bhd (Company No. 200901012297), a Malaysia incorporated company and a licensed travel agent (KPL/6570). Please read these terms of use (“this Terms of Use”) carefully before using the Mystravels Platform and the services offered by Tropical Charters Sdn Bhd (Company No. 200901012297), its affiliated companies (together, “Mystravels”) or the third-party operators (the “Operator”) through the Mystravels Platform (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Mystravels Platform and (2) persons for whom you make a purchase of the Services.

2. Change of Terms of Use

2.1 Mystravels's Modifications

• 2.1.1 Mystravels 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 Mystravels changes or modifies this Terms of Use, Mystravels will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
• 2.1.2 Your continued use of the Mystravels Platform following any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to comply with the revised Terms of Use, you must not use or access, or continue to use or access, the Mystravels Platform and/or the Services. It is your responsibility to regularly check the Mystravels Platform to determine whether any changes have been made to these Terms of Use and to review such changes.
• 2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the relevant pages from time to time, as well as the Privacy Policy. All such terms are hereby expressly incorporated by reference into these Terms of Use.

3. Access and Use of the Services

3.1 Ownership of Content

• 3.1.1 This Mystravels Platform, the domain name (www.Mystravels.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Mystravels in connection therewith are owned and operated by Mystravels.

3.2 Provision and Accessibility of Services

• 3.2.1 Subject to this Terms of Use, Mystravels may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the Mystravels Platform. The Services that have been selected by you on the Mystravels Platform 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 the Mystravels Platform, any Services offered by Mystravels by itself or on behalf of the Operators on the Mystravels Platform. Mystravels may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Mystravels 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.
• 3.2.2 Mystravels makes no representation or warranty that the Services will be continuously available or free from interruption. Mystravels shall not be liable to you for any loss or damage arising from any unavailability or suspension of the Services at any time or for any duration. You are solely responsible for making all necessary arrangements to access the Services and for ensuring that any persons who access the Services through your internet connection are fully informed of, and comply with, these Terms of Use and all other applicable terms and conditions.
• 3.2.3 If you link to the Mystravels Platform, Mystravels reserves the right, at its sole and absolute discretion, to revoke such permission at any time without prior notice. Mystravels further reserves the right to require prior written consent as a condition precedent to any linking to the Mystravels Platform.

4. Mystravels Platform and Content

4.1 Use of the Content

• 4.1.1 All materials displayed, performed, or otherwise made available on the Mystravels Platform, including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio, and other content (collectively, the “Content”), are protected by copyright, and/or other applicable intellectual property laws. The Mystravels Platform and the Content are provided solely for your personal, non-commercial use in connection with the Services and may only be used in strict accordance with these Terms of Use.
• 4.1.2 If Mystravels grants you access to the Mystravels Platform and/or the Content, such access shall constitute a limited, non-exclusive, non-transferable, and revocable license to access and use the Mystravels Platform strictly in accordance with these Terms of Use. Mystravels reserves the right, at its sole and absolute discretion and without prior notice, to amend, remove, or modify the presentation, substance, or functionality of any part or all of the Content made available on the Mystravels Platform.
• 4.1.3 You shall comply with all copyright notices, trademark guidelines, proprietary information, and usage restrictions contained on the Mystravels Platform or in any Content accessed through it. You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit the Mystravels Platform, the Content, any third-party submissions, or any proprietary rights not owned by you, for any purpose whatsoever, without the express prior written consent of the rightful owner. Any use in violation of third-party rights is strictly prohibited.

4.2 Mystravels’s Liability for the Mystravels Platform and Content

• 4.2.1 Mystravels makes no representations or warranties regarding the identity of any users with whom you may interact in connection with your use of the Mystravels Platform. Mystravels does not guarantee the authenticity, accuracy, or reliability of any content, materials, or information provided by other users or Operators. All Content accessed by you through the Mystravels Platform is undertaken at your own risk, and you assume full responsibility for any loss, damage, or liability incurred by you or any third party as a result of such access or reliance.
• 4.2.2 Under no circumstances shall Mystravels be liable in any manner whatsoever for any Content, including but not limited to any errors, omissions, inaccuracies, or misleading statements contained therein, or for any loss, damage, or liability of any kind incurred as a result of the use of, reliance on, or exposure to any Content that is posted, emailed, accessed, transmitted, or otherwise made available via the Mystravels Platform.

5. Intellectual Property Rights

5.1 Intellectual Property

• 5.1.1 All intellectual property rights subsisting in or in connection with the Mystravels Platform are the sole property of Mystravels or have been validly licensed to Mystravels for use on the Platform. The Mystravels Platform, the Services, and the Content are protected under applicable copyright laws, international treaties, and other intellectual property legislation as collective works and/or compilations.
  
  • You expressly agree and undertake that:
  • You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or otherwise exploit, in whole or in part, the Mystravels Platform, the Content, any software, materials, or the Services, in any manner not expressly authorised by these Terms of Use;
  • You may download or copy the Content and other materials displayed on the Mystravels Platform solely for your personal, non-commercial use, provided that all copyright and proprietary notices contained in such materials are preserved intact; and
  • You shall not store, in any form, any substantial portion of the Content. Any copying or storage of Content for purposes other than personal, non-commercial use is strictly prohibited without the prior written consent of Mystravels or, where applicable, the relevant copyright holder identified in the copyright notice associated with such Content.

6. User Submissions

6.1 Uploading of Information

• 6.1.1 In the course of accessing the Mystravels Platform or utilising the Services, you may submit or disclose information which may be used by Mystravels and/or its Operators in connection with the provision of the Services and which may be visible to other users of the Mystravels Platform. You acknowledge and agree that by posting, uploading, or otherwise submitting any information, materials, or content to Mystravels or the Operators in relation to the Services (collectively, “User Submissions”):
  
  • You hereby grant to Mystravels and the Operators a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, modify, distribute, display, perform, publish, and otherwise fully exploit such User Submissions, including any intellectual property rights subsisting therein, in connection with the provision of the Services, the operation of the Mystravels Platform, and the conduct of Mystravels’s business, including without limitation the promotion, marketing, or redistribution of the Services or derivative works thereof through any media and channels now known or hereafter developed;
  • You expressly consent and authorise Mystravels to process and use your personal data in accordance with its Privacy Policy, as amended from time to time;
  • You hereby grant to each user of the Mystravels Platform a non-exclusive license to access your User Submissions via the Platform, and to use, reproduce, modify, distribute, prepare derivative works of, display, and perform such User Submissions, as permitted by the functionalities of the Platform and subject to these Terms of Use;
  • You acknowledge and agree that Mystravels retains the right to reformat, edit, excerpt, translate, or create derivative works of any User Submissions submitted by you. For the avoidance of doubt, the foregoing license does not affect your ownership of the User Submissions or your right to grant additional non-exclusive licenses to third parties, unless otherwise expressly agreed in writing;
  • You represent and warrant that all content contained within your User Submissions (including, without limitation, text, graphics, images, and photographs) does not infringe any applicable laws, regulations, or the intellectual property or proprietary rights of any third party; and
  • You acknowledge that all User Submissions publicly posted or privately transmitted via the Mystravels Platform are your sole responsibility, and Mystravels shall not be liable for any errors or omissions in any such content.

7. Users Representations, Warranties and Undertakings

7.1 Use of the Mystravels Platform and the Services

• 7.1.1 You represent, warrant, and undertake to Mystravels that you shall not submit any User Submissions, nor otherwise use the Mystravels Platform or the Services, in any manner that:
  
  • Infringes or violates the intellectual property rights, proprietary rights, rights of publicity or privacy, or any other rights of any third party;
  • Violates any applicable law, statute, regulation, or ordinance;
  • Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable in nature;
  • Involves any form of commercial activity or sales without the prior written consent of Mystravels, including but not limited to contests, sweepstakes, barter transactions, advertising, or pyramid schemes;
  • Constitutes defamation, impersonation of any individual or entity (including without limitation any Mystravels employee or representative); or
  • Contains, installs, or transmits any virus, Trojan horse, worm, time bomb, malicious code, or other potentially harmful software, file, or program.

7.2 Removal of User Submissions

• 7.2.1 Mystravels reserves the right, at its sole and absolute discretion, to remove any User Submissions from the Mystravels Platform at any time and for any reason, including but not limited to the receipt of complaints, claims, or allegations from third parties or regulatory authorities relating to such User Submissions, or where Mystravels has reason to believe that you have breached any of the foregoing representations, warranties, or undertakings, or without assigning any reason whatsoever.

7.3 Responsibility for User Submissions

• 7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Mystravels Platform.
• 7.3.2 You acknowledge and agree that you are solely responsible for all User Submissions submitted by you and for the consequences arising from the posting, publication, or dissemination of such User Submissions via the Mystravels Platform. You further represent, warrant, and undertake to Mystravels that:
  
  • You either own or have obtained all necessary rights, licenses, consents, releases, and permissions to use, and to authorise Mystravels to use, any and all copyrights, trademarks, or other proprietary or intellectual property rights in and to the User Submissions to permit the inclusion, use, and distribution of such User Submissions as contemplated by the Mystravels Platform and these Terms of Use; and
  • Neither the User Submissions nor the submission, uploading, publishing, or transmission thereof by you, nor the use of such User Submissions by Mystravels on or through the Mystravels Platform and/or the Services, will infringe, misappropriate, or otherwise violate any third party’s patent, copyright, trademark, trade secret, moral right, or other intellectual or proprietary rights, rights of publicity or privacy, or result in a breach of any applicable law, regulation, or rule.
• 7.3.3 You are solely responsible for all activities conducted by you in connection with your use of the Mystravels Platform and/or the Services. You further represent, warrant, and undertake to Mystravels that you shall not:
  
  • Engage in any fraudulent, abusive, or otherwise unlawful activity, which may constitute grounds for the immediate suspension or termination of your right to access or use the Mystravels Platform and/or the Services;
  • Sell, resell, or otherwise commercially exploit any products, services, or reservations obtained from or through the Mystravels Platform;
  • Use the Mystravels Platform for any commercial or competitive purposes, including but not limited to speculative, false, or fraudulent bookings, or making reservations in anticipation of demand;
  • Post, transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the password, account credentials, or other private information of any user of the Mystravels Platform;
  • Violate the security or integrity of any computer network, including but not limited to hacking, cracking passwords or encryption codes, transferring or storing illegal materials (including content that may be deemed threatening, defamatory, or obscene), or engaging in any form of activity prohibited by law;
  • Operate any mailing list, listserv, auto-responder, or “spam” mechanism on the Mystravels Platform, or run any processes that are activated while you are not actively using the Platform, or which may interfere with the proper functioning of, or place an unreasonable burden on, the infrastructure of the Mystravels Platform;
  • Use any manual or automated software, devices, or processes (including but not limited to “crawlers,” “scrapers,” or “spiders”) to access, index, or data-mine any pages or features of the Mystravels Platform; or
  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying structure of the Mystravels Platform.
• 7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Mystravels Platform and/or the Services.

8. Registration and Security

8.1 Opening of the Mystravels Account

• 8.1.1 In the course of utilising the Services, you may be required to register for, open, and maintain an account with Mystravels (a “Mystravels Account”)

8.2 Provision of Personal Information

• 8.2.1 As a condition to accessing or using certain features of the Services, you may be required to register with Mystravels and create a password and user identification (“Mystravels User ID”). If you access the Services via a third-party website or service, Mystravels may require that your Mystravels User ID correspond to your user credentials on such third-party platform.
• 8.2.2 You agree to provide Mystravels with accurate, complete, and up-to-date registration information at all times. Any failure to do so shall constitute a material breach of these Terms of Use and may result in the immediate suspension or termination of your Mystravels Account.
• 8.2.3 You represent, warrant, and undertake that you shall not:
  
  • Select or use, as your Mystravels User ID, the name or identifier of another individual with the intent to impersonate such individual; or
  • Use, as your Mystravels User ID, any name or identifier that is subject to the rights of any third party without obtaining all necessary authorisations or consents.
• 8.2.4 Mystravels reserves the right, at its sole and absolute discretion, to refuse the registration of, or to cancel, any Mystravels Account at any time and for any reason. You are solely responsible for maintaining the confidentiality and security of your password and account credentials.

9. Reviews - Further correspondence - Rights to User Content

• 9.1. By completing a booking, you expressly consent to receive confirmation communications, including but not limited to email(s) and/or app notification(s), as well as follow-up emails or notifications inviting you to complete a guest review form upon completion of the booked activity. Submission of a review is entirely optional. For the avoidance of doubt, such confirmation and guest review communications are transactional in nature and do not constitute marketing or promotional messages. As such, they are separate from newsletters or marketing communications, from which you may unsubscribe at any time. Any guest review submitted by you may be published on the relevant activity page of the Mystravels Platform within seventy-two (72) hours of submission, solely for the purpose of informing current and prospective users of your experience and assessment of the service quality and performance of the Activity.
• 9.2. By submitting a review, you grant Mystravels a perpetual, royalty-free, transferable, sub-licensable, irrevocable, and unrestricted right to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit the submitted content in any form and for any purpose, including but not limited to promotional and commercial uses. Mystravels reserves the right, at its sole and absolute discretion, to translate, edit, adapt, decline to publish, or remove any review without prior notice and without assigning any reason.
• 9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
  
  • 9.3.1. You represent and warrant that you own and control all rights, title, and interest in and to any User Content that you post, upload, or otherwise distribute through the Platform, or that you otherwise possess the lawful authority, licence, or consent to post and distribute such User Content via the Mystravels Platform;
  • 9.3.2. Such User Content is true, accurate, complete, and not misleading in any respect;
  • 9.3.3. The use, posting, transmission, or other distribution of such User Content does not violate these Terms of Use or any applicable laws, regulations, or legal obligations, and does not infringe upon the rights of, or cause harm to, any person or entity.
• 9.4. Reviews must not contain obscenities, profanity, offensive or inappropriate language or content, hate speech, the promotion of unlawful conduct, or the personal information of others, including but not limited to names, phone numbers, or email addresses. Additionally, reviews must not include irrelevant material such as promotional content, referral invitations, or reward-related information. Reviews shall not defame, abuse, harass, or otherwise violate the legal rights of any individual or entity.
• 9.5. You further grant Mystravels the right to take legal action against any person or entity that infringes upon your rights or the rights of Mystravels in connection with any User Content, through a breach of these Terms of Use. You acknowledge and agree that you shall bear sole responsibility for any User Content that you submit, upload, or otherwise provide through the Mystravels Platform.
• 9.6. All content submitted by users shall be deemed non-confidential and non-proprietary. Mystravels shall have no obligation, express or implied, to treat such content as proprietary or to maintain its confidentiality. Without limiting the generality of the foregoing, Mystravels reserves the right to use, edit, modify, delete, reject, or refuse to post any submitted content at its sole and absolute discretion. Mystravels shall have no obligation to compensate you for any content you submit, nor to provide you with an opportunity to review, amend, or withdraw such content once it has been submitted. Furthermore, Mystravels shall have no duty to attribute authorship of content to you and shall not be required to enforce any attribution rights with respect to third parties. For further information, please refer to the Terms of Use available on the Mystravels Platform.

10. Booking Confirmation, Tickets, Vouchers, Fees and Payment

10.1 Booking Confirmation

• 10.1.1 Certain Services offered through the Mystravels Platform are designated as being subject to instant confirmation. For all other Services, any estimated confirmation time stated on the Platform is provided for reference purposes only. The actual time required for confirmation may vary and is not guaranteed.

10.2 Purchase and Use of the Vouchers

• 10.2.1 Through the Mystravels Platform, you may purchase vouchers (“Vouchers”) for Services offered by Operators at various destinations. Subject to the policies of the relevant Operator, upon completion of your purchase, you will receive an email confirmation containing a voucher confirmation number (“Confirmation Number”) along with a printable version of your Voucher.
• 10.2.2 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.

10.2.3 An Operator may require you to present a valid, government-issued photo identification document in order to redeem your Voucher. Neither Mystravels nor the Operator shall be liable for any lost, destroyed, or stolen Vouchers or Confirmation Numbers. Vouchers shall be deemed void where the provision of the relevant Services is prohibited by applicable law. If you attempt to use a Voucher in an unlawful manner (for example, attempting to use a Voucher for a boat tour without meeting the required safety or age restrictions), the relevant Operator reserves the right to refuse acceptance of the Voucher, and no refund shall be provided in such circumstances.

10.3 Terms of the Vouchers

• 10.3.1 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 Mystravels Platform.
• 10.3.2 Vouchers constitute admission tickets to one-time events (“Events”), and the applicable date(s) of validity for each Voucher shall be clearly stated thereon. Except as expressly provided in the terms specified on the Voucher itself, no refunds shall be issued in the event that you fail to use the Voucher on or before the indicated date(s) of validity.

10.4 Cancelation of Vouchers

• 10.4.1 You may cancel your Voucher by contacting Mystravels customer service within the applicable cancellation period, as specified at the time of purchase on the Mystravels Platform. Cancellation windows vary on a case-by-case basis and are subject to the specific terms of each Service. Provided that cancellation is made within the applicable notice period, a refund will be issued to the credit card used for the original purchase of the Voucher, less any applicable processing fees.
• 10.4.2 The Operator, and not Mystravels, is the sole provider and offeror of the Services associated with the Events to which the Vouchers correspond. The Operator bears full responsibility for the acceptance or rejection of any Voucher you purchase, in relation to the provision of such Services.
• 10.4.3 For questions or complaints concerning the Services provided in connection with your Voucher, you should contact the Operator directly. Except as expressly stated herein, all Voucher-related payments are non-refundable. Prices are stated in the currency listed on the Mystravels Platform prior to purchase.
• 10.4.4 If an Event is cancelled by the Operator, Mystravels will notify you as soon as reasonably possible and will process a refund to your original method of payment, less any applicable processing fees.

10.5 Required Assistance

• 10.5.1 If you are unable to redeem your Voucher in accordance with its terms due to Operator fault or other valid cause, please contact Mystravels at contact@mystravels.com. Mystravels will make reasonable efforts to liaise with the Operator to find an appropriate remedy.

10.6 Additional Charges

• 10.6.1 Mystravels reserves the right to impose fees or charges for any Services provided. You agree to pay all applicable fees and charges as described on the Platform in relation to your selected Services.

10.7 Modifications to Charges

• 10.7.1 Mystravels reserves the right to amend its pricing structure at any time. Notice of such changes may be provided via email or posted on the Platform. Continued use of the Services following such notice constitutes your acceptance of the revised pricing.

10.8 Mystravels’s Rights and Obligations

• 10.8.1 Mystravels reserves the right to deny or cancel any bookings or purchases that it determines, at its sole discretion, to be in violation of these terms.
• 10.8.2 Mystravels strives to offer or procure Operators to offer Services at competitive market prices. Taxes and additional charges applicable to specific Services may not be included in the advertised prices.
• 10.8.3 While Operators are required to provide accurate and up-to-date pricing information, Mystravels does not guarantee the accuracy of all listed prices at all times.

10.9 Hotel Bookings, Flights, and Packages

• 10.9.1 Hotel, flight, and travel package bookings made through the Mystravels Platform are subject to the specific terms and conditions of the respective service providers. You are advised to read those terms carefully prior to confirming your booking.
• 10.9.2 Mystravels acts solely as an intermediary and does not own, operate, or control the hotels, airlines, or travel package Operators. Accordingly, Mystravels shall not be liable for any acts, omissions, errors, or breaches by such third-party providers.
• 10.9.3 Amendments, cancellations, and refund policies for hotel, flight, and package bookings are determined by the individual service providers. Fees may apply for changes or cancellations, and refunds are subject to the applicable provider's policy.
• 10.9.4 Mystravels will, upon request, assist in communicating with third-party providers regarding any disputes or support matters, but makes no guarantee of outcome.

10.10 Applicability

• 10.10.1 The above terms and conditions, including all return and refund policies, apply to all users of the Mystravels Platform, regardless of their geographic location.

11. Discounts

• 11.1 From time to time, Mystravels may offer promotional discounts which may be redeemed using unique promotional codes ("Promo Codes"). Promo Codes are limited to one-time use per user, unless otherwise stated.
• 11.2 Promo Codes must be entered at the time of booking and cannot be applied retrospectively. Each Promo Code is subject to specific terms and conditions, including expiration dates, usage limitations, and eligibility criteria, which will be communicated at the time of issuance.
• 11.3 In addition to Promo Codes, Mystravels may offer Package-specific promotional discounts directly through the Platform. These discounts may apply automatically to eligible Services and will be clearly displayed on the relevant Service pages.
• 11.4 All discounts, whether via Promo Codes or service-specific offers, are non-transferable, may not be exchanged for cash, and may not be combined with other promotional offers unless expressly stated.
• 11.5 Mystravels reserves the right to modify, suspend, or withdraw any promotional offer or Promo Code at its sole discretion and without prior notice.
• 11.6 Any suspected abuse of promotional offers, including the use of multiple accounts to claim discounts, may result in cancellation of the associated bookings and/or termination of your Mystravels Account.

12. Privacy Policy

12.1 Privacy Policy

• 12.1.1 For information regarding Mystravels’s practices concerning the collection, use, and disclosure of personal data, please refer to the current Mystravels Privacy Policy, which is hereby incorporated by reference into these Terms of Use. By accepting these Terms of Use, you acknowledge that you have read, understood, and agreed to be bound by the terms of the Privacy Policy.

13. Indemnity

13.1 Mystravels’s Indemnification

• 13.1.1 You agree to indemnify, defend, and hold harmless Mystravels, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, proceedings, damages, liabilities, losses, settlements, costs, and expenses (including reasonable attorneys’ fees), arising out of or in connection with:
  
  • your access to or use of the Mystravels Platform;
  • your breach or alleged breach of these Terms of Use; or
  • any actual or alleged infringement by you, or by any third party using your Mystravels User ID, of any intellectual property right or other rights of any person or entity.

13.2 Mystravels’s Involvement

• 13.2.1 Mystravels reserves the right, at its own expense and upon notice to you, to assume the exclusive defense and control of any claim or legal proceeding that is otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Mystravels in the defense thereof. You shall not agree to any settlement that imposes any obligation or liability on Mystravels, or that adversely affects Mystravels’s rights, without the prior written consent of Mystravels. Mystravels may, at its discretion, participate in the defense and/or settlement negotiations of any such claim or proceeding.

14. Disclaimers and Limitation of Liability

14.1 Parties’ Relationship

• 14.1.1 You acknowledge and agree that Mystravels does not have a special relationship or fiduciary duty to you arising from your access to or use of the Mystravels Platform and its Content. You further acknowledge that Mystravels has no control over, and assumes no responsibility for, nor any obligation to take action with respect to:
  
  • which users may access the Mystravels Platform;
  • the Content you access through the Platform;
  • the effects such Content may have on you;
  • your interpretation or use of such Content; or
  • any actions you may take or fail to take as a result of having been exposed to the Content.

14.2 Services and Comments

• 14.2.1 You acknowledge and agree that certain Services available on the Mystravels Platform are offered by independent third-party Operators, and that suggestions or recommendations concerning such Services may be provided by Operators or other users of the Platform. Mystravels makes no representations or warranties, express or implied, as to the accuracy, reliability, or completeness of any descriptions, suggestions, or recommendations related to the Services offered or purchased through the Platform.

14.3 Exemption of Liability

• 14.3.1 To the fullest extent permitted by applicable law, in no event shall Mystravels, the Mystravels Platform, or any of its parent companies, subsidiaries, affiliates, officers, directors, employees, or agents be liable for any loss of profits, or for any indirect, consequential, exemplary, incidental, special, or punitive damages, whether arising in contract, tort, strict liability, or otherwise, resulting from or in connection with:
  
  • your access to or use of the Mystravels Platform;
  • these Terms of Use;
  • any actual or alleged breach of these Terms of Use by you or any third party;
  • your use of any tools, content, or Services made available through the Mystravels Platform; or
  • any actual or attempted communications, transactions, or interactions between users of the Platform, even if Mystravels has been advised of the possibility of such damages.
• 14.3.2 These limitations and exclusions of liability shall apply regardless of the form of action and without limitation to whether the alleged damages arise out of:
  
  • breach of contract;
  • breach of warranty;
  • strict liability;
  • tort (including negligence); or
  • any other legal or equitable theory of liability,
  • to the maximum extent permitted by applicable law and unless otherwise prohibited by such law.
• 14.3.3 The Mystravels Platform, including all content, software, functionality, materials, and information made available on or accessed through it, is provided on an “as is” and “as available” basis, without any representations or warranties of any kind, express or implied, to the fullest extent permitted by applicable law. Mystravels expressly disclaims all warranties, including but not limited to:
  
  • warranties of merchantability, fitness for a particular purpose, title, non-infringement, and operator ability;
  • warranties relating to the accuracy, completeness, or reliability of any content, materials, or information available on or through the Mystravels Platform;
  • warranties that access to or use of the Services will be uninterrupted, error-free, or secure; and
  • warranties arising from any course of dealing, usage, or trade practice.
  • Mystravels further disclaims any responsibility or liability for any third-party hypertext links or for any breach of security or loss of data arising from the transmission of sensitive information through the Mystravels Platform.
• 14.3.4 You acknowledge and agree that any data or communications transmitted to or from the Mystravels Platform are not confidential, and may be intercepted, accessed, or read by third parties. You further acknowledge and agree that the act of submitting communications to Mystravels, or posting information on the Mystravels Platform—including but not limited to information regarding tours and/or activities—does not create any confidential, fiduciary, contractual, or other special relationship between you and Mystravels, except as expressly set forth in these Terms of Use.
• 14.3.5 You acknowledge and agree that you shall not hold, nor seek to hold, Mystravels liable or responsible for any content, representations, or materials provided by any Operator or third party. You further acknowledge and agree that Mystravels is not, and shall not be deemed to be, a party to any contract, agreement, or transaction for the provision of Services by any Operator or third party. Mystravels exercises no control over, and makes no representations or warranties regarding, the safety, quality, legality, or conduct of any transaction, tour, activity, listing, or other content made available by any Operator or third party through the Mystravels Platform. Mystravels does not guarantee the accuracy, completeness, or reliability of any such content.

14.4 Remedies

• 14.4.1 If you are dissatisfied with the Mystravels Platform, disagree with any provision of these Terms of Use, or have any dispute or claim against Mystravels or any other user in connection with these Terms of Use or your use of the Mystravels Platform, your sole and exclusive remedy is to cease accessing and using the Mystravels Platform.
• 14.4.2 In any event, and to the fullest extent permitted by applicable law, the total aggregate liability of Mystravels, including its parent entities, subsidiaries, affiliates, officers, directors, and employees, to you or any third party arising out of or in connection with your use of the Mystravels Platform—whether in contract, tort, strict liability, or otherwise—shall be limited to the greater of:
  
  • the total amount of fees actually paid by you to Mystravels in the twelve (12) months immediately preceding the event giving rise to such liability; or
  • Malaysian Ringgit Five Hundred (MYR 2500.00).

15. Interaction with Third Parties

15.1 Links to Third Party Websites

• 15.1.1 This Mystravels Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Mystravels, 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 Mystravels of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
• 15.1.2 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.
• 15.1.3 Mystravels 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, Mystravels 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 Mystravels harmless from any and all liability arising from your use of any Third Party Website.
• 15.1.4 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.
• 15.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

15.2 Mystravels’s Responsibility

• 15.2.1 You agree that Mystravels shall not be liable or responsible for any loss, damage, or liability of any kind arising out of or in connection with any dealings or interactions between you and any other users or third parties. In the event of a dispute between users of the Mystravels Platform, or between a user and any third party, you acknowledge and agree that Mystravels has no obligation to become involved, mediate, or otherwise participate in the resolution of such dispute. To the fullest extent permitted by law, you hereby irrevocably release and discharge Mystravels, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and successors in interest from any and all claims, demands, liabilities, and damages (whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed) arising out of or in any way connected with such disputes.

16. Payment

• 16.1 To ensure consistent operational support for customers in respect of refunds, cancellations, and other transactional matters, all transactions conducted through the Mystravels Platform—regardless of currency—shall be processed and administered by Tropical Charters Sdn. Bhd., a company incorporated and operating under the laws of Malaysia. Tropical Charters Sdn. Bhd. shall be the responsible entity for all payment-related matters across all currencies.
• 17.2 Bank or Payment Method Charges
  
  • 16.2.1 Banks, payment card companies, or other payment instrument companies may impose fees in connection with international or cross-border transactions, fees for currency conversion, or other fees, charges or taxes in connection with your booking or purchase of any Services. You should contact your bank, payment card company, or other payment instrument company if you have any questions about any such fees, charges or taxes.

17. Termination

17.1 Termination by Mystravels

• 17.1.1 This Terms of Use shall remain in full force and effect while you use Mystravels Platforms or the Services. Mystravels 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. Mystravels may also terminate or suspend any and all Services and access to the Mystravels Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

17.2 Effects of Termination

• 17.2.1 Upon termination of your Mystravels Account, your right to use the Services, access the Mystravels Platform, 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.
• 17.2.2 If this Terms of Use is terminated as a result of your breach, Mystravels reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

18. Passports, Visas, Documents, Licenses & Insurances

18.1 Your Responsibilities

• 18.1.1 It is the sole responsibility of all passengers, regardless of nationality or destination, to verify and comply with the current entry, visa, health, and other travel requirements applicable to their destination. Passengers are strongly advised to consult the relevant consulate or embassy of the country they intend to visit prior to departure.
• 18.1.2 As visa and health requirements are subject to change without prior notice, Mystravels strongly recommends that all travellers verify the most up-to-date entry, visa, and health regulations with the appropriate consulate, embassy, or governmental authority well in advance of their intended departure.
• 18.1.3 You acknowledge and agree that certain Operators may require you to comply with local laws, regulations, and policies, and to provide specific documents, permits, or licences as a condition for accessing or participating in the Services they offer. It is your responsibility to ensure that all such prerequisites are met prior to the commencement of the relevant Service.
• 18.1.4 Mystravels strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

19. Governing Law

20.1 These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia in respect of any dispute, claim, or matter arising under or in connection with these Terms of Use or your use of the Mystravels Platform.

20. Miscellaneous

20.1 Severability

• 20.1.1 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.

20.2 Assignment

• 20.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Mystravels’s prior written consent. Mystravels may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.

20.3 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.

21. Contact

• 21.1 Please contact Mystravels at contact@Mystravels.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.