Legal Disclaimer

Che Wan Travel & Tour Sdn. Bhd.

Bank Name: CIMB BANK

Bank Account: 86 0557462 4

Address: Unit No. 4-01, 4th Floor, Plaza Bangi Perdana, Jalan Gerbang Wawasan 1, 43650 Bandar Baru Bangi, Selangor

This Legal Disclaimer (“Disclaimer”) is a supplementary document to the Che Wan Travel & Tour Sdn. Bhd. Service Agreement (“Agreement”). By engaging with Che Wan Travel & Tour Sdn. Bhd. (hereinafter referred to as “Che Wan Travel”), you acknowledge that you have read, understood, and agreed to the terms, conditions, and notices outlined herein. This Disclaimer governs your use of Che Wan Travel’s services, including but not limited to:

Group Flight Ticket Booking Services (for local travel agencies and individuals);
Room, House, and Apartment Rentals Without Deposit;
Event Management Services, including MICE (Meetings, Incentives, Conferences, and Exhibitions);
Tour Packages and E-Ticket Sales for Theme Parks and Other Attractions; and
Other Related Travel Agency Services, such as Transportation Services.

1. Liability & Reliability

Che Wan Travel endeavors to provide accurate, up-to-date, and reliable information regarding its services. However, due to the dynamic nature of the travel industry, errors or omissions may occur despite our best efforts. Che Wan Travel, its authorized affiliates, and contractors disclaim any responsibility for inaccuracies, errors, or omissions in the information provided. The information and data shared with clients are compiled from various internal and external sources and are subject to change without prior notice.

Che Wan Travel acts solely as a Booking Agent or Travel Agent for airlines, hotels, tour operators, and other service providers (collectively referred to as “Vendors” or “Third Parties”). Che Wan Travel is not liable for any acts, omissions, or failures of these Vendors or Third Parties, including but not limited to service disruptions, schedule changes, or cancellations.

2. Disclaimer of Damages

By using Che Wan Travel’s website, services, or any information provided by Che Wan Travel, you assume all associated risks. This includes, but is not limited to, risks related to viruses, malware, or other harmful software that may affect your computer, software, or data.

Che Wan Travel, its employees, affiliates, and contractors shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including but not limited to loss of revenue, profits, or data, arising from:

The use or inability to use Che Wan Travel’s website or services;
Any information, documents, services, software, or materials obtained through Che Wan Travel; or
Any other issues related to the use of Che Wan Travel’s services.

This limitation of liability applies whether the claim is based on contract, tort, strict liability, or any other legal theory, even if Che Wan Travel has been advised of the possibility of such damages.

3. Special Notice Regarding Customers

All travel arrangements, including flight tickets, accommodations, and event bookings, are subject to price changes imposed by Vendors, Third Parties, or government authorities after the customer has made a deposit or full payment. By engaging with Che Wan Travel, you acknowledge and agree to such potential price increases.

Customers are bound by the terms and conditions of Vendors and Third Parties, including cancellation policies and penalties, regardless of whether they have received notice of these terms. Che Wan Travel is not responsible for any disputes arising from such terms.

4. Indemnity

You agree to indemnify, defend, and hold harmless Che Wan Travel, its employees, affiliates, and contractors from and against any and all claims, liabilities, expenses, losses, damages, fines, and legal fees (including reasonable attorney fees) arising out of or related to:

Your use of Che Wan Travel’s website or services;
Any breach of this Disclaimer or the Agreement;
Any infringement of intellectual property rights, property damage, or personal injury (including death) caused by your actions or omissions.

This indemnification obligation applies to the fullest extent permitted by law, except in cases of gross negligence or willful misconduct by Che Wan Travel.

5. Jurisdiction

This Disclaimer and the Agreement are governed by the laws of Malaysia. Any disputes arising out of or relating to the use of Che Wan Travel’s website, services, or information provided shall be subject to the exclusive jurisdiction of the courts in Selangor and Wilayah Persekutuan Kuala Lumpur, Malaysia.

6. Severability

If any provision of this Disclaimer is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely aligns with the original intent of the Disclaimer.

7. Concluding the Agreement

This Disclaimer, together with the Che Wan Travel & Tour Sdn. Bhd. Service Agreement, constitutes the entire agreement between you and Che Wan Travel. It supersedes all prior or contemporaneous communications, proposals, or agreements, whether written, oral, or electronic.

By engaging with Che Wan Travel & Tour Sdn. Bhd., you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this Legal Disclaimer.

Che Wan Travel & Tour Sdn. Bhd.

Date: 1/1/2025

References:

Malaysian Contract Act 1950.
Malaysian Tourism and Travel Agency Regulations.
Legal Principles of Indemnity and Liability in Commercial Agreements (Harvard Law Review).
Best Practices for Drafting Legal Disclaimers (International Bar Association).

This Disclaimer has been drafted with the intent to protect both Che Wan Travel & Tour Sdn. Bhd. and its clients, ensuring clarity, fairness, and compliance with applicable laws.