This Disclaimer is held to be a supplement of the Agent Service Agreement.
Before we continue to make any arrangements for any disbursement of leads, information or any other business or networking opportunities related to ARBA Travel & Tours Sdn Bhd (herein after to be referred to as ARBA) and yourself, we require that you go through this form; your understanding of the existence of this form will signify your agreement with the following terms, conditions and notices:
Liability & Reliability
In preparation of the following, every effort has been made to offer the most current, correct and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur through no ones fault. In particular but without limiting anything herein, ARBA Travel & Tours and it’s authorized affiliates disclaim any responsibility for any errors and do not guarantee the accuracy of any information that have been provided to the Agent. The information and data included in the submission to the Agent have been complied by ARBA staff from a variety of sources, both internal and external and are subject to change without notice to the Agent. ARBA AND ITS AUTHORIZED AFFILIATES AND CONTRACTORS MAKE NO WARRANTIES OR RESPRESENTATIONS WHATSOEVER REGARDING THE QUALITY, CONTENT, COMPLETENESS, SUITABILITY, ADEQUACY, SEQUENCE, ACCURACY, OR TIMELINE OF SUCH INFORMATION AND DATA.
The Agent understands that ARBA acts as a Booking Agent or Travel Agent for any airline, hotel, tour operator, or other service provider named in ARBA’s itinerary (“Vendors and Third parties). ARBA is not responsible for acts or omissions of the Vendors or Third Parties and Agents failure to provide services or adhere to their own schedules.
Disclaimer of Damages
By using ARBA’s website and any information provided by ARBA to the Agent, the Agent assumes all risks associated therewith, including but not limited to; any risk to Agent’s computer, software, or data being damaged by any virus, software, or other file which might be transmitted or activated via ARBA’s website or the Agent’s access to it.
ARBA AND ITS AUTHORIZED AFFILIATES AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OF REVENUE OR LOST OF PROFITS, ARISING OUT OF OR LACK OF INFORMATION ON THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARBA AND/OR ANY OF ITS EMPLOYEES, AFFILIATES OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.assume no responsibility for and shall not be liable for any compensation, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by:
- any defaults, wrongful or negligent acts, omissions of the Agent, Vendors or Third parties;
- any defect in or failure of any vehicle, craft, equipment, or instrumentally owned, operated, or otherwise used or provided by the Vendor or third paty;
- any wrongful or negligent acts or omissions on the part of any other party not under ARBA’s control which remains to be the Agent, Supplier, Vendor and any other third party not authorized by ARBA; and
- any Vendor or third party price drop after travel arrangements have been confirmed, paid in full or ticketed. You hereby release ARBA from all claims arising out of any problem covered in this paragraph.
Special Notice Regarding The Customer
All travel arrangements involving airline and other components are subject to supplemental price increases that may be imposed by the vendor and/or government after the customer has completed their purchase by paying the deposit. You hereby adhere to any such price increases and authorize your understanding that the customer will know of and then assume the same position. Suppliers and Vendors have their own contracts covering cancellation penalties and other terms and conditions, and the customer may be bound by those contracts regardless of whether they receive notice of their terms. By signing below, you are consenting to those terms and conditions.
Any contact with the customer be it a prospective customer or previous customer of ARBA, will be limited to the extent of the instructions and advice from ARBA. Agents will not take any actions that is not warranted by ARBA. Any action whether direct or indirect that does not coincide with ARBA’s instruction and advice will be considered a breach of the terms and conditions of the Agent Service Agreement.
Agent agrees to protect, defend, reimburse, indemnify, and hold ARBA, its employees, affiliates and contractors free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines, and damages (including reasonable lawyer fees) and causes of action of every kind and character (this is to the extent allowed by the law and except to the extent caused by ARBA’s negligence) by reason of any claim for infringement of any patent, copyright, trademark, trade secret or other intellectual property rights; any damage to property; or any bodily injury (including death) incurred or sustained by any person or entity whomsoever, arising out of or incident to or in connection with Agent’s use of the website and any other information provided by ARBA or its employees, affiliates and contractors or any breach of the terms of this Agreement.
This Agreement is governed by the laws of Malaysia. Agent consents to the exclusive jurisdiction and venue of courts in Selangor and Wilayah Persekutuan Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of website and information received from ARBA. Use of the website and information provided is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision in the Agent Service Agreement that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Concluding The Agreement
This Agreement constitutes a portion of the entire Agreement between the Agent and ARBA, the whole written Agreement, the Agent Service Agreement shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Agent and ARBA.