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Liability Waiver and Assumption of Risk Agreement
 

ASSUMPTION OF RISK. I am aware that adventure travel such as I am undertaking involves hazardous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Sticky Rice Travel S/B, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible or consistent with standards in developed nations during some or all of the time during which I am participating on the trip and that when available may not be of the quality which exists in developed nations. In order to partake of the enjoyment and excitement of this adventure travel trip I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to hold harmless and release Sticky Rice Travel S/B from claims of third party negligence. 

RELEASE OF LIABILITY.Without limitation, Sticky Rice Travel S/B is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as scuba diving, ziplining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Sticky Rice Travel S/B. In addition, I release Sticky Rice Travel S/B from its own negligence and assume all risk thereof. Sticky Rice Travel S/B may take photographs or video of its trips and participants grant Sticky Rice Travel S/B permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant. Sticky Rice Travel S/B reserves the right to change hotels or other features of the trip’s itinerary if Sticky Rice Travel S/B believes it will enhance the safety, comfort or enjoyment of the trip.

VOLUNTARY PARTICIPATION. I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip which I may change to) and that I have read the description of the trip as it appears in the Sticky Rice Travel S/B trip proposal, corresponding emails and/or website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.

RESPONSIBILITY. I understand that the responsibility of Sticky Rice Travel S/B is strictly limited. As a Malaysia-based travel company, Sticky Rice Travel S/B promotes, and sells tour programs and trips consisting of certain travel services, including but not limited to surface transportation, excursions, and accommodations which Sticky Rice Travel S/B purchases or reserves from various suppliers on my behalf. I understand that Sticky Rice Travel S/B is not responsible for the willful or negligent acts and/or omissions of such suppliers or of any air carrier or their respective employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of services. All coupons, receipts and tickets issued are subject to the terms and conditions specified by the suppliers, and/or air carriers. Some suppliers may require additional signatures on their own release. As consideration for my participation in the trip and for Sticky Rice Travel S/B undertakings, I agree that neither I, nor any of my heirs, personal or legal representatives, nor family members will bring suit against Sticky Rice Travel S/B, as a result of any acts or omissions by independent contractors, other than Sticky Rice Travel S/B, involved in this trip. I hereby release, indemnify, and covenant not to sue SRT Sdn Bhd, or its offices, directors, shareholders, agents and employees for any and all claims of whatever kind arising from my participation in the trip, including, but not limited to, personal injury, illness, death, damage, or monetary loss, except for any such claims arising out of the negligent acts, omissions or misconduct of Sticky Rice Travel S/B, or its officers, directors, shareholders, agents and employees involved with this trip.

MEDICAL PROXY. Medical Proxy is an authorization by the tour participant or their legal guardian that gives permission to Sticky Rice Travel S/B and/or the tour operator to hospitalize and secure emergency treatment in the event that the injured party family/emergency contacts are not available.

KNOWING AND VOLUNTARY EXECUTION. My signature below certifies that I have carefully read and fully understand the contents of this agreement including the terms and conditions, especially those regarding cancellation and refund policies, limitation of liability, and responsibility borne by trip participants. On the advance of a deposit to Sticky Rice Travel S/B, the depositor, his or her family agrees to be bound by Sticky Rice Travel S/B terms and conditions. In the event that an arbitrator or court of law declares any term or terms of these documents invalid, such declaration shall not affect the remainder of the terms of the agreement which shall be valid and enforceable.

I am aware that this is a release of liability and a contract between myself and Sticky Rice Travel S/B and/or its affiliated organizations and agree to it of my own free will.

                                                                                                                                                            December 11, 2018

 

TERMS & CONDITIONS - DEPOSIT, PAYMENT & CANCELLATION POLICY

The purchase of any travel services offered by Sticky Rice Travel S/B constitutes a contractual arrangement between you and Sticky Rice Travel S/B, and represents your acceptance of the Sticky Rice Travel S/B Terms & Conditions set out herein. Please ensure that you read carefully and understand these Terms & Conditions prior to booking.

DEPOSIT & FINAL PAYMENT. A deposit of 50% is required upon confirmation of services and out of this, 25% is on a non-refundable, non-transferable basis. Note that bookings are not confirmed nor secure until Sticky Rice Travel  S/B receives this deposit and you receive a confirmation invoice. Sticky Rice Travel S/B reserves the right to release or cancel any bookings being held where this required deposit has not been received by the deposit due date. Payment of the deposit indicates you have read and accepted these Terms and Conditions.

Please review and verify your booking invoice thoroughly and contact us immediately if your invoice appears to be incorrect or incomplete. In the case of billing errors, Sticky Rice Travel reserves the right to re-invoice you with correct pricing. Final payment for your booking is due 45 days prior to commencement of services. If final payment is not received by the due date, your reservation will be canceled and Sticky Rice Travel S/B has the right to retain your full deposit. Sticky Rice Travel S/B  is not responsible for canceled land and/or air reservations in the event payment is not received by the final payment date. If a booking is made within 45 days prior to arrival, full payment will be required at the time of booking. 

MT KINABALU SUMMIT PROGRAMS. Any bookings for Mt Kinabalu Summit Programs require full payment upon confirmation and are strictly on 100% non refundable and no cancellation policy. If a cancellation to a reservation is made, no refund will be entertained. This is the policy of the mountain operators and not Sticky Rice Travel S/B. In the event of a no show, no refund will be made as the accommodation reserved is considered used. 

AIRFARE. Full payment is required for the purchase of airfares.

CANCELLATION BY YOU. If Sticky Rice Travel S/B receives a booking cancellation prior to the final payment date of a participant's vacation, 25% of a participant's trip costs will be retained as cancellation fee.  Cancellation fees as stated below apply to all booking cancellations.

up to 46 days prior to arrival a 25% cancellation fee will apply
45 - 22 days prior to arrival a 50% cancellation fee will apply
21 - 0 days prior to arrival a 100% cancellation fee will apply 

For tour products or individual components supplied by 3rd parties, e.g. Air Tickets, Hotel/Lodge Bookings, etc, cancellation fees under the terms and conditions of the respective 3rd parties shall apply. If a participant has to postpone, reschedule or cancel his or her trip due to medical reasons, Sticky Rice Travel S/B will endeavour to do our best to accommodate the participant's needs with the agreement that a medical note or doctor's letter is provided. Any changes or alteration to participant's itinerary will be subject to any 3rd party suppliers terms and conditions if applicable.

REFUND OF UNUSED SERVICES. No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services that are included in the tour pieces but not utilized by the tour member including after services have commenced. In the event that a refund is required, please note that refunds can take up to 14 - 28 working days to process.

PAYMENT METHOD. Sticky Rice Travel S/B offers a range of payment options via credit card and telegraphic transfers, in Malaysian Ringgit (MYR) and US Dollars (USD). They are listed below in their ease of payment for both participant and Sticky Rice Travel S/B and any credit card and/or bank transfer fees will be borne by participants. 

  1. Secure online credit card payment gateway (currency MYR with 3% fee)
  2. Secure online money transfer service via Transferwise (currency MYR, fast and lower fees than most bank)
  3. Bank telegraphic transfer (currency MYR or USD)
  4. Mail Order Telephone Order (MOTO) which requires a participant to complete a 1-time authorisation form for Sticky Rice Travel S/B to manually charge a credit card remotely. If a participant chooses this option, he or she is required to submit the authorisation form WITHOUT the full details of the credit card, afterwhich a telephone call will have to be set up for the full details needed for manual processing of payment (currency MYR with 3% fee) 

​PARTICIPANTS WITH SPECIAL NEEDS. It shall be the customer’s responsibility to disclose, prior to booking, to Sticky Rice Travel S/B of any physical or mental condition of a member of his or her party that may be relevant. Sticky Rice Travel S/B reserves the right to decline to provide the tour for a person where, in the opinion of the company, that the tour would be inconsistent with the special needs of that person. No liability shall attach to Sticky Rice Travel S/B for the provision of an unsuitable tour for any person where that person’s special needs have not been disclosed at the time of booking.

PASSPORT, VISA & IMMIGRATION REQUIREMENTS. It is the participant's responsibility to fulfill the passport, visa and other immigration requirements applicable to his or her itinerary. Participants should confirm these with the relevant embassies and/or consulates and Sticky Rice Travel S/B does not accept any responsibility in the case of participant being unable to travel due to not complying with any such requirements.

TRAVEL INSURANCE. Participant is strongly recommended to purchase a comprehensive personal travel insurance policy for the duration of the trip to cover against personal accident, loss of baggage, flight delays and/or cancellation, unexpected alterations to travel arrangements, act of God, emergency medical evacuation, infectious diseases, epidemics, terrorism etc. 

CONFIDENTIALITY.Sticky Rice Travel S/B will safeguard according to strict standards of security and confidentiality, any information on the participant. Sticky Rice Travel S/B limits the collection and use of the participant’s personal particulars/information to the minimum and for the sole purpose of completing the booking as well as facilitating the smooth delivery of services. Every effort shall be made to ensure the integrity of the participant’s personal particulars and confidential information entrusted to Sticky Rice Travel S/B are not compromised. Sticky Rice Travel S/B  also undertakes not to divulge the  participant’s  personal information to any unauthorised 3rd party without prior written consent.

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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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