Terms and conditions

1 · Who you are contracting with

This website is published by Inno Travel & Tour Services Sdn Bhd, trading as Borneo Wildlife Holidays, a company incorporated in Malaysia (Company Registration 199798-K), licensed in Sabah under KKKP 1949, and a member of MATTA (MA0757). We are a member company of the Yayasan Sabah Group. Our office is in Kota Kinabalu, Sabah, Malaysia.

In these terms, we and us mean that company. You means the person making an enquiry or a booking, and anyone travelling on it.

2 · Using this website

You may read this website, and print or save pages from it, for your own use in considering a journey with us. The text, photographs, itineraries and design belong to us or to our licensors and may not be republished, sold or used commercially without our written permission.

We take care to keep this website accurate, but it describes places we do not own or control. Access arrangements, opening of trails, facilities, road conditions and conservation-area rules are set by others and can change without notice. Nothing on this website is an offer capable of acceptance, and no journey exists until we have confirmed it in writing.

Where photographs on this website are illustrative rather than a record of a specific place, property or animal, they are labelled as such.

3 · Enquiries, itineraries and quotations

When you send us an enquiry we will reply with a suggested route and a price. That itinerary is a proposal. It is not a booking, it does not hold anything, and prices in it are valid only for the period stated on it. Rooms in the places we work in are limited and are frequently held by others, so an itinerary can become unavailable between our sending it and your accepting it.

4 · How a booking is made

A booking exists when all of the following have happened: you have told us in writing that you accept a specific written quotation, we have received the payment due at that point, and we have sent you a written confirmation. Our written confirmation is the contract. If anything in it differs from what you expected, tell us immediately.

5 · Payment

The amount payable, the currency, the deposit due on confirmation and the date the balance falls due are set out in your written quotation and confirmation. Those documents govern. Bank charges and any currency conversion costs are yours.

6 · If you change or cancel

Tell us in writing as early as you can. We will always try to move a journey rather than lose it. Because permits, internal flights and field-centre rooms are secured in advance and are frequently non-refundable to us, charges apply from the moment a booking is confirmed. The charges that apply to your booking are set out in your written quotation and confirmation.

7 · If we change or cancel

We plan journeys into remote, protected forest. Occasionally something has to change: a road becomes impassable, a river rises, a conservation area restricts access, an internal flight is cancelled, or a permit is not granted. Where that happens we will tell you as soon as we know and arrange the closest equivalent we can.

If we have to make a significant change to a confirmed journey before you travel, or cancel it, we will offer you the alternative we can arrange or a refund of what you have paid us for the affected part. We do not accept responsibility for costs you have arranged separately, such as international flights, which is one of several reasons the insurance in section 9 is a condition of travelling with us.

8 · Your responsibilities

• Holding a passport valid for the period required, and any visa or entry permission you need. We can tell you what we understand to be required, but immigration is a matter between you and the Malaysian authorities.
• Telling us before you book about any medical condition, mobility limitation, dietary requirement or medication that could affect your journey. Some places we go are hours from a road and further from a hospital. We will tell you honestly whether an itinerary is realistic.
• Being at the right place at the right time, and following the reasonable instructions of your guide, your ranger and the staff of any conservation area.
• Your own behaviour. We may end a person's journey, without refund, if their conduct endangers others, damages the forest, or breaches the rules in section 10.

9 · Insurance is a condition of travelling

You must hold travel insurance for the whole of your journey, and it must include emergency medical evacuation by helicopter. This is not our preference. It is a published condition of entry to the conservation areas: the managing foundation requires proof of personal accident cover including emergency helicopter evacuation before permission to enter is given.

We will ask to see it. Without it you will not be allowed into the reserve, and we cannot refund a journey lost that way. We also strongly recommend cover for cancellation, curtailment and your baggage and equipment.

10 · Conservation area rules

Much of what this website describes sits inside conservation areas managed by the Yayasan Sabah Group, some of them gazetted as Class I Protection Forest Reserves under the Sabah Forestry Enactment 1968. Entry is by permission granted in advance, and the published conditions of entry bind every visitor. In summary, and not exhaustively: rangers accompany visitors in the forest; hunting is prohibited and firearms are forbidden; nothing may be collected without written permission; no vegetation may be cut; all rubbish is carried out; and bags may be inspected on departure. A visitor who breaks these rules can be required to leave immediately.

We apply our own published codes of conduct in addition. Among them: no handling, no feeding and no touching of great apes, anywhere, including at rehabilitation centres.

11 · Wildlife

We do not guarantee wildlife sightings. These are wild animals in unfenced forest. Our guides know these reserves and will give you the best chance anyone can, and there will be journeys on which a particular animal is not seen. No part of a journey is refundable on the basis that a species was not sighted, and you should treat any operator who promises otherwise with suspicion.

12 · Our responsibility to you

We are responsible for arranging your journey with reasonable skill and care, and for the services we ourselves provide. We are not responsible for loss or damage caused by events outside our reasonable control, including weather, flooding, fire, road closure, the acts of a conservation-area authority, the cancellation of a flight we did not operate, illness, industrial action, civil unrest or government action.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited or excluded. Where you have rights as a consumer under the law of the country you live in, these terms do not take them away.

13 · Financial protection

We want you to know exactly where you stand before you pay us anything.

Inno Travel & Tour Services Sdn Bhd is a Malaysian company, licensed and regulated in Malaysia, and is not established in the European Economic Area or the United Kingdom. We are not members of ABTA and we do not hold an ATOL. We do not sell flights to or from Europe; your international flights are arranged by you, or by your own travel agent, and are protected — or not — under whatever arrangements apply to that booking rather than to ours.

If you are booking from the EEA or the United Kingdom and financial protection is important to you, please raise it with us before you pay a deposit, and please raise it with your own travel agent if you are using one. We would rather answer the question early than have you assume an answer.

14 · If something goes wrong

Tell your guide or our office at the time, while we still have a chance to put it right. If it cannot be resolved there, write to us within 28 days of coming home and we will investigate and reply. Our office is in Kota Kinabalu, which is seven to eight hours ahead of the United Kingdom; we will tell you when to expect an answer rather than promise one we cannot keep.

15 · Your personal information

How we collect, use and protect your personal information, what cookies this website sets, and what rights you have, are set out in our privacy and cookie notice, which forms part of these terms.

16 · Governing law

These terms are governed by the laws of Malaysia, and the courts of Malaysia have jurisdiction. If you live in the EEA or the United Kingdom, this does not deprive you of the protection of the mandatory consumer law of the country you live in, or of the right to bring proceedings there where that law gives it to you.

17 · Changes to these terms

We may update these terms. The version that applies to your journey is the one we sent or linked to when we confirmed your booking. The date at the top of this page shows when it last changed.

18 · Contact

Inno Travel & Tour Services Sdn Bhd, trading as Borneo Wildlife Holidays.
Company Registration 199798-K · Licence KKKP 1949 · MATTA MA0757
Kota Kinabalu, Sabah, Malaysia.

Email: enquiries@borneowildlifeholidays.com