This Website (“Website”) is operated by Explicit Aqua Innovations Sdn Bhd, its affiliates, subsidiary and/or holding company(ies) (“Explicit Group”). Reference to the term ‘Website’ shall include access to this Website via desktop, laptop, mobile devices and/or any other device capable of connecting to the Internet. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related products and services (including accommodation, admission tickets and transportation) (“Products and Services”), making legitimate reservations or otherwise transacting business with Products and Services suppliers, and for no other purposes. The terms ‘we’, ‘us’, ‘our’ and ‘Explicit Group’ refer to Explicit Aqua Innovations Sdn Bhd. The term ‘you’ refers to the customer visiting this Website and/or booking a reservation for Products and Services on this Website.
USE OF THIS WEBSITE
As a condition of your use of this Website, you warrant that:
- You are at least 18 years of age and are of sound mind,
- You possess the legal authority to create a binding legal obligation,
- You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
- All information supplied by you on this Website is true, accurate, current and complete, and if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
The content and information on this Website (including, but not limited to, price and availability of Products and Services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for Products and Services reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or Products and Services obtained from or through this Website. Additionally, you agree not to:
Use this Website or its contents for any commercial purpose;
- Make reservation for Products and Services for the purposes of resale;
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions of third party Products and Services’ suppliers (“Supplier”) will apply to your reservation and purchase of Products and Services. Please read these additional terms and conditions carefully. In particular, if you have purchased a transportation item, please ensure you read the full terms and conditions of transportation issued by the Supplier which can be found on the Supplier’s website or upon your request from the Supplier. Supplier may, with or without notice, cancel or reschedule your trip literary or timing. It is your responsibility to check on the scheduled departure time ahead of travel. Explicit Group shall not be responsible for the acts, negligence or omission of the Supplier including any cancellation of your transportation, or changes in the schedule. To minimize the impact to your travel plans, you are advised to purchase travel insurance to cover travel disruption. You agree to abide by the terms and conditions of purchase imposed by 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. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Some accommodation Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Such deposit is unrelated to any payment received by us or payable for your accommodation booking.
You acknowledge that some Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Products and Services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we and/or Supplier incur as a result of such violation.
You may be offered the opportunity to book a reservation for a combination of two one-way transportation tickets instead of a round-trip transportation ticket. Combined one-way transportation tickets may provide a greater choice of transportation and can be combined on the same transportation Supplier or on different transportation Suppliers. Unlike round-trip transportation tickets, each one-way transportation ticket is subject to its own rules, restrictions, and fees. If one of these trip is affected by a change (e.g. cancellation or rescheduling) that causes you to make changes to the other transportation, you will be responsible for any fees incurred for making changes to the unaffected trip.
FARES AND PRICES
You acknowledge and agree that your debit or credit card will be charged by Explicit Group or the Supplier(s) with which your booking is made (as applicable) for the total booking price of the Products and Services in full at the time of the booking, which includes the price displayed on this Website, plus applicable tax and service fees.
In the event that you book accommodation (with the exception of prepaid accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the Supplier at the time requested by the Supplier (usually upon check-in or check-out from the accommodation).
We do not charge an amendment fee for changes made by you on any bookings. However, the Supplier may charge a fee in connection with any changes, which will be payable by you. The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the Products and Services.
PREPAID ACCOMMODATION RESERVATIONS
You acknowledge that Explicit Group pre-negotiate certain accommodation rates with the Supplier. The accommodation rate displayed on this Website is a combination of the pre-negotiated accommodation rate for accommodation reserved on your behalf through Explicit Group and compensation retained by Explicit Group for its services. You authorize Explicit Group to book reservations for the total reservation price, which includes the accommodation rate displayed on this Website, plus applicable taxes and service fees. You agree that your debit or credit card will be charged by Explicit Group or another member of Explicit Group, on behalf of Explicit Group for the total reservation price. Upon submitting your reservation request, you authorize Explicit Group to facilitate accommodation reservations on your behalf, including making payment arrangements with the Supplier.
The Supplier charges Explicit Group for certain charges, including such tax amounts. The Supplier is responsible for remitting these amounts to the applicable taxing jurisdictions. The actual amounts paid by Explicit Group to the Supplier in connection with taxes may vary, depending upon the rates, tax, etc. in effect at the time of your actual use of the accommodation.
You may cancel or change your prepaid accommodation reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the accommodation reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the accommodation you reserved, which varies by accommodation (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, and applicable taxes. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
PAY NOW OR PAY LATER
With certain accommodation, you may be presented with the option to pay online now or pay later at the accommodation. If you select the “Pay Online Now” option, Explicit Group will charge the full amount shown to your credit card immediately. If you select “Pay Later at the Accommodation”, the Supplier will charge your credit card in the local currency at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Explicit Group Discount Coupons may only be applied to “Pay Online Now” bookings or packages as defined by Explicit Group.
CONDITIONS FOR USE OF DISCOUNT COUPONS
Discount codes or promotional codes (“Coupons”) may be applied to prepaid accommodation or attractions bookings at participating accommodation and attractions. Participating accommodation and attractions are subject to change at any time.
Unless stated otherwise in a particular Coupon’s terms and conditions, the Coupon is personal to you, can only be used once and will be deemed fully redeemed and expired once a qualifying booking has been made. The Coupon can only be used for pre-pay bookings and cannot be redeemed against bookings which are paid at the accommodation or attractions.
Where the Coupon is for package bookings, Coupon may be applied to attractions and accommodation packages bookings made online with this Website. The Coupon can only be used for pre-pay bookings and cannot be redeemed against bookings which are paid at the accommodation and attraction.
Provided that you spend the minimum spend stipulated in the Coupon, the Coupon entitles you to the discount off the price of the relevant Products and Services reservation before the application of any taxes, applicable fees or additional costs.
The Coupon cannot be redeemed against taxes, supplier fees, cancellation or change fees/penalties, administrative fees or other miscellaneous charges, which are your sole responsibility.
The Coupon is valid only for the redemption period, for travel during the travel period, when booked on this Website only, and not on any other websites.
Only one Coupon per transaction may be used. In a multiple-room booking, the Coupon will be applied to only to the lowest priced room in the transaction.
The Coupon may not be used or combined with other coupons, promotions or special offers.
The Coupon cannot be used for any booking previously made. The Coupon has no cash value and no refunds or cash alternative will be offered. There is no residual value and no credit will be issued if the purchase amount is less than the prescribed discount. The Coupon may not be re-used, even in the event that you change or cancel the booking.
The Coupon may not be used by employees of Explicit Group or any other person professionally connected with this offer including, without limitation, travel agency affiliate program partners.
Improper use of the Coupon by you including, but not limited to, publication or selling of the Coupon is prohibited, will result in the voiding of the Coupon, and may constitute fraud.
This Coupon may not be transferred or sold. Coupon obtained through unauthorized channels, mutilated, altered, copied, forged, damaged, manipulated, or tampered with in any way will be deemed void.
If Explicit Group becomes aware, or has reason to suspect (in Explicit Group reasonable opinion), that you: (a) have breached these coupon conditions; (b) obtained this Coupon from an unauthorized channel; (c) have used the Coupon with a view to re-selling any accommodation booked; (d) engaged in conduct which impacts on the fairness, integrity or proper conduct of this offer; or (e) otherwise acted fraudulently, Explicit Group, in its absolute discretion, cancel all your bookings made using the Coupon without giving any reasons thereon. Explicit Group will not refund you for the canceled transactions.
For avoidance of doubt, the Coupon can only be used by making a booking directly on this Website, and cannot be used through or by a Supplier or intermediary.
Explicit Group reserves the right to vary conditions of use of the Coupon or to withdraw the Coupon at any time. Explicit Group decision is final in all matters relating to this offer. Terms and conditions of this Coupon are as written and cannot be changed by any representation of any unauthorized person, including employees of Explicit Group.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Explicit Group have no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to our destination.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country, including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
Any information published on this Website may include inaccuracies or errors, including pricing errors. In particular, Explicit Group, Products and Services partners and the Supplier (“Explicit Group Partners”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of Products and Services displayed on this Website (including, without limitation, the pricing, photographs, list of accommodation amenities, general product descriptions, etc.). In addition, Explicit Group expressly reserves the right to correct any pricing errors on this Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. Explicit Group is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
Accommodation ratings displayed on this Website are intended as only general guidelines, Explicit Group Partners do not guarantee the accuracy of the ratings. Explicit Group Partners make no guarantees about the availability of specific Products and Services. Explicit Group Partners may make improvements and/or changes on this Website at any time.
Explicit Group Partners make no representations about the suitability of the information, software, Products and Services contained on this Website for any purpose, and the inclusion or offering of any Products and Services on this Website does not constitute any endorsement or recommendation of such Products and Services by Explicit Group Partners. All such information, software, Products and Services are provided “as is” without warranty of any kind. Explicit Group Partners disclaim all warranties and conditions that this Website, its servers or any email sent from Explicit Group Partners are free of viruses or other harmful components. Explicit Group Partners hereby disclaim all warranties and conditions, whether express or implied, with regard to this information, software, Products and Services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.
The Suppliers providing Products and Services or other services on this Website are independent contractors and not agents or employees of Explicit Group. Explicit Group Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Explicit Group Partners are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, Explicit Group Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Explicit Group Partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, Products and Services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Explicit Group Partners have been advised of the possibility of such damages.
You agree to defend and indemnify Explicit Group Partners and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
- You or on your behalf in excess of the liability described above; or
- By third parties as a result of:
- Your violation of any law or the rights of a third party; or
- Your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Explicit Group. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Explicit Group, Explicit Group Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without Limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
In calculating the amount payable we have the right to round up a nominal amount (such as 1 sen) for each line item to account for variances in the way we and the Supplier handle currency conversions.
If a currency converter is available on this Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Explicit Group Partners do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
PAYMENT AND FEES
In the event that your payment is taken at the time of booking, the company taking that payment and charging your payment card will be: (1) Explicit Aqua Innovations Sdn Bhd, 42-A, 4th and 5th Floor, Jalan Metro Pudu, Fraser Business Park, 55100 Kuala Lumpur, Malaysia or another member of Explicit Group on behalf of Explicit Group Partners, or (2) Explicit Group Partners directly. Where Explicit Group takes your payment and charges your card, the law governing that payment transaction will be the laws of Malaysia. You agree that the Malaysian courts shall have jurisdiction to hear and determine any dispute arising from the payment transaction with Explicit Group.
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will usually be listed separately from the transaction amount on a card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
This Agreement is governed by the laws of Malaysia. You hereby consent to the exclusive jurisdiction and venue of courts in Malaysia, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the Explicit Group as a result of this Agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Explicit Group with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our Contact Details
Should you have any queries, concerns or complaints in relation to this Term of Use Statement, kindly contact us during office hours (between 10:00am to 7:00pm, Monday to Friday) at the following contact points:
Explicit Aqua Innovations Sdn Bhd
42-A, 4th and 5th Floor
Jalan Metro Pudu
Fraser Business Park
55100 Kuala Lumpur, Malaysia
Tel/Fax: +603 – 9224 6604