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HUMMINGBIRD TERMS AND CONDITIONS

These terms set out the terms and conditions of the contract between you and your Travel Group (“you”, or “your” or each, a

“Customer”) and Parlo Tours Sdn Bhd (“Hummingbird”, “Company”, “us”, “we” or “our”). Hummingbird is a brand name under

Parlo Tours Sdn Bhd.

1. GENERAL

1.1. The itinerary provided to you (“Itinerary”) forms part of these terms and conditions (collectively, “Terms and Conditions”). If

there is any inconsistency between the terms of the Itinerary and the terms and conditions herein, the Itinerary shall prevail.

1.2. Definitions

1.2.1. “Actual Air Fare” means the air fare to be confirmed by us at the time of your booking, and which shall be based on

the current rate at the time of your booking, including relevant taxes and our handling charges;

1.2.2. “Airlines’ Terms and Conditions” means the rules, regulations, and conditions of carriage of airline companies;

1.2.3. “Balance” and “Balance Deadline” have the respective meanings assigned to each under Clause 3.3;

1.2.4. “Cancellation Event” means any one of the events under Clause 8.1;

1.2.5. “Cancellation Fee” means the fees set out under Clause 7 and payable by the Customer for a Customer

Cancellation;

1.2.6. “Customer Cancellation” means cancellation by a Customer of their booking or flight ticket;

1.2.7. “Customer Cancellation Notice” means Customer’s written notice of cancellation to the Company in relation to a

Customer Cancellation;

1.2.8. “Estimated Air Fare” means the estimated air fare quoted in the Itinerary, and based on the current rate at the time

of our issuance of the Itinerary to you, including relevant taxes and our handling charges;

1.2.9. “Ground Fare” means our quoted price (and subsequent amendments thereto) in relation to the ground arrangement

of a Hummingbird Tour, together with additional cost for single room occupancy, if applicable;

1.2.10. “Hummingbird Tour” means a tour package by the Company under the “Hummingbird” brand name;

1.2.11. “Lead Person” means the person who contacts us (whether in person, by telephone, email or other forms of

telecommunication) on behalf of a Travel Group in relation to a Hummingbird Tour;

1.2.12. “Liabilities” has the meaning assigned to it under Clause 16.1;

1.2.13. “Minimum Group Size” means the minimum number of bookings as determined by the Company in relation to

Hummingbird Tour;

1.2.14. “Minor” means any person under 18 years’ old as at the Scheduled Departure Date;

1.2.15. “Preparation Checklist” means the checklist to be provided to the Customer for preparation for a Hummingbird Tour;

1.2.16. “Scheduled Departure Date” means the date of departure of a Hummingbird Tour;

1.2.17. “Third Party Service Providers” means airlines, transport companies, hoteliers and other third party service

providers collectively, and “Third Party Service Provider” means any one of them;

1.2.18. “Tour Confirmation” means a confirmation to be provided by Hummingbird in relation to a Customer’s booking of a

Hummingbird Tour;

1.2.19. “Travel Group” means you and any other persons for and on behalf of whom you intend to make a booking for a

Hummingbird Tour; and

1.2.20. “working day” means a day other than a Saturday, Sunday, or public holiday in Kuala Lumpur.

1.3. Acceptance of Terms and Conditions

By booking and paying for a Hummingbird Tour, you and every member of your Travel Group are deemed to have read,

understood and accepted these Terms and Conditions.

2. PRICING POLICY

2.1. Excluded Fees and Expenses

The Ground Fare does not include the following, which shall be fully borne by you:

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2.1.1. air fare, airport taxes, airport security taxes, airline insurance surcharges, fuel taxes, customs user fees, and other

service or miscellaneous fees which may be chargeable by the airlines and airport authorities;

2.1.2. taxes, duties, or levies imposed by any governmental or regulatory authority;

2.1.3. costs of travel insurance;

2.1.4. visa application fees;

2.1.5. unless included in the Ground Fare, gratuities to drivers, tour leaders, or local guides;

2.1.6. early check-in and late check-out charges, hotel porterage, tips to hotel porters, fees for laundry services, excess

baggage charges, beverages, room service, and other miscellaneous fees chargeable by hoteliers;

2.1.7. optional tours and activities;

2.1.8. personal expenses; and

2.1.9. fees and/or expenses not expressly mentioned in the Itinerary or these Terms and Conditions.

2.2. Estimated Air Fare

Air fares are subject to change by airlines without prior notice. Air ticket bookings are subject to confirmation and availability.

The Estimated Air Fare is only an estimate of the fare you may be required to pay. We will advise you on the Actual Air Fare,

which may cost more than the Estimated Air Fare, at the time of booking.

3. BOOKINGS

3.1. Age of Majority

By making a booking, you confirm and represent that you are of the age of majority according to the law to which you are

subject.

3.2. Age Limit

We only accept travellers of minimum 13 years and above. We also have the right to specify a higher minimum age limit for

certain Hummingbird Tours.

3.3. Booking Requirements

You shall promptly provide us with the following:

3.3.1. evidence of payment according to Clause 6.2 (Payment for Ground Arrangement);

3.3.2. a clear copy of your passport; and

3.3.3. contact information and such other information as reasonably requested by us.

3.4. Payment of Deposit

3.4.1. Bookings made more than 2 calendar months from the Scheduled Date of Departure

You shall pay 50% of the Ground Fare as Deposit at the time of booking. The remaining 50% balance (“Balance”)

shall be paid no later than 7 days from the date of Tour Confirmation (“Balance Deadline”). If you do not pay the

Balance by the Balance Deadline, you shall be deemed to have withdrawn and cancelled your booking on the day

after the Balance Deadline. In such event, Clause 7 (Cancellation by the Customer) applies with no obligation on us

to notify you.

3.4.2. Bookings made 2 calendar months or less from the Scheduled Date of Departure

You shall pay 100% of the Ground Fare at the time of booking, 50% of which constitutes the Deposit.

4. BOOKINGS FOR TRAVEL GROUPS

4.1. Lead Person

As the Lead Person, you confirm and represent that you are of the age of majority according to the law to which you are

subject. Without prejudice to Clause 1.3, you also confirm that all members of your Travel Group, including any that may be

added at a later date, agree to be bound by these Terms and Conditions.

4.2. Responsibilities of Lead Person

4.2.1. As Lead Person, you are responsible for:

(a) making sure that all payments due and payable to us from your Travel Group are made promptly and without

delay.

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(b) providing us with accurate and full information and documents of all members of your Travel Group promptly

and without delay when requested; and

without delay.

4.2.2. You must ensure that all the names of your Travel Group as provided to us are as reflected in your passports or

travel documents. If any amendment to a name is required, all applicable fees charged and/or incurred by us shall be

borne by you.

4.3. Minors in Travel Groups

A Minor must be accompanied by an adult. We are not responsible for ensuring that any Minor in your Travel Group is

accompanied by an adult. You are responsible for ensuring full compliance of the requirements of any relevant airline and/or

regulatory authority relating to Minors travelling. You must travel with the Travel Group if all the other members of your Travel

Group are under 18.

5. TOUR CONFIRMATION

5.1. Confirmation from Hummingbird

5.1.1. Your booking for a Hummingbird Tour shall only be treated as confirmed upon our notification to you in writing of the

same.

5.1.2. Our receipt of payment from you under Clause 6.2 (Payment for Ground Arrangement) does not constitute a Tour

Confirmation.

5.2. Confirmation at Our Sole Discretion

5.2.1. We will provide you with a Tour Confirmation only when.

(a) we have achieved the Minimum Group Size; and

(b) all travellers of the relevant Hummingbird Tour have made payment according to Clause 6.2 (Payment for

Ground Arrangement).

5.2.2. Notwithstanding the above, we have the sole and absolute discretion to decide whether or not your booking is

confirmed.

5.2.3. If we deem that there will be insufficient persons to fulfil the Minimum Group Size, we shall be entitled to cancel your

booking according to Clause 8 (Cancellation by Hummingbird).

6. PAYMENT

6.1. Deposit

6.1.1. The Deposit is 50% of the Ground Fare.

6.1.2. We reserve the right to change the chargeable Deposit. We may also charge a different Deposit from customer to

customer and/or from Hummingbird Tour to Hummingbird Tour.

6.2. Payment for Ground Arrangement

6.2.1. Bookings made more than 2 calendar months from the Scheduled Date of Departure

You shall pay 50% of the Ground Fare as Deposit at the time of booking. The 50% Balance shall be paid no later

than the Balance Deadline, which is 7 days from the date of Tour Confirmation.

6.2.2. Bookings made 2 calendar months or less from the Scheduled Date of Departure

You shall pay 100% of the Ground Fare at the time of booking, 50% of which shall constitute the Deposit.

6.3. Non-Payment of Balance by Balance Deadline

If you do not pay the Balance by the Balance Deadline, you shall be deemed to have withdrawn and cancelled your booking

on the day after the Balance Deadline. In such event, Clause 7 (Cancellation by the Customer) applies with no obligation on

us to notify you.

6.4. Payment for Air Tickets

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You shall pay 100% of the Actual Air Fare at the time of booking. We will not purchase and issue any air tickets until we have:

(a) received full payment for the air tickets; and (b) provided you with a Tour Confirmation.

6.5. Mode of Payment

6.5.1. Payments may be made by cash, online transfer, cheque, debit or credit card, or valid travel gift vouchers (subject to

the applicable terms and conditions of such vouchers).

6.5.2. Cheques must be presented to us at least 3 working days before the due date for payment. We will consider cheque

payments as received only when the funds under that cheque reach our account.

6.5.3. Payments to us must be in Malaysian Ringgit.

6.6. Full Payment upon Tour Confirmation

Once we issue you with the Tour Confirmation, you must make full payment for your Hummingbird Tour by the Balance

Deadline, i.e., no later than 7 days from the date of the Tour Confirmation.

6.7. Meaning of Full Payment

Full payment means payment of all of the following:

6.7.1. the Balance (if you have only paid the Deposit under Clause 6.2.1 previously); and

6.7.2. if applicable, any other payment that we have notified you as being payable to us.

7. CANCELLATION BY THE CUSTOMER

7.1. Customer’s Right to Cancel

Unless otherwise specified herein, you may cancel your booking and/or your flight ticket(s) before the Scheduled Departure

Date by providing us a written Customer Cancellation Notice. You must pay the Cancellation Fee for your Customer

Cancellation.

7.2. Deemed Cancellations

A change of departure date, traveller’s name (other than correction of typographical errors) and/or type of Hummingbird Tour

shall be deemed a cancellation under this Clause, and you shall be deemed to have served your Customer Cancellation

Notice on the date on which such request for the change is made.

7.3. Cancellation Fee

Timing of our receipt of Customer Cancellation Notice

Cancellation Fee

Before our issuance of Tour Confirmation and up to 7 days

from the date of Tour Confirmation

50% of Ground Fare

8th day and onwards from the date of Tour Confirmation

100% of Ground Fare or such amount as determined by us

at our sole discretion on a case-by-case basis

1 calendar month before the Scheduled Date of Departure

100% of Ground Fare

After issuance of air ticket

100% of Actual Air Fare

After issuance of train / bus / cruise / ferry ticket

100% of ticket fare

7.4. Company’s Rights to Recoup Charges by Third Party Service Providers and Impose Administrative Fee

7.4.1. For the avoidance of doubt, we have the right to withhold or seek a refund from you for any non-refundable fees,

charges, or penalty imposed by a Third Party Service Provider and payable by us in connection with your booking

and/or your Customer Cancellation Notice.

7.4.2. We shall also have the sole and absolute discretion to charge an administrative fee of RM200 for your Customer

Cancellation. This administrative fee shall be added to the Cancellation Fee.

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8. CANCELLATION BY HUMMINGBIRD

8.1. Cancellation Event

A Cancellation Event is deemed to have taken place if we have determined that any of the following has occurred:

8.1.1. It is not reasonably foreseeable that the Minimum Group Size will be achieved by the Scheduled Departure Date.

8.1.2. The Hummingbird Tour cannot be fulfilled due to any reason beyond our control, including but not limited to:

(a) a mechanical breakdown, war, civil unrest or terrorist attacks, government or legislative actions, strikes and

labour unrest;

(b) an act of God, earthquake, fire, natural disaster, weather conditions;

(d) issuance of regulations involving compulsory quarantine and travel restrictions imposed by any relevant

government as a result of a pandemic;

(e) any Third Party Service Provider, for reasons unknown or not reasonably foreseeable to us, have done or

omitted to do anything which would render the provision of the Hummingbird Tour by us to you impossible or

radically different from as contemplated by us at the point of issuance of the Itinerary to you; or

(f) any event, which would render the provision of the Hummingbird Tour by us to you impossible or radically

different from as contemplated by us at the point of issuance of the Itinerary to you.

8.2. Full Refund

If the Cancellation Event is an occurrence under Clause 8.1.1, we will refund all amounts received from you in relation to the

Hummingbird Tour.

8.3. Partial Refund

If the Cancellation Event is an occurrence under Clause 8.1.2, we will refund all amounts received from you in relation to the

Hummingbird Tour, minus:

(a) any penalties, cancellation charges, or non-refundable fees imposed by a Third Party Service Provider and payable by us

in connection with your booking; and

(b) an administrative fee of RM200.

9. REFUND POLICY

9.1. No Refunds in General

Except where otherwise stated or where agreed between you and us in writing, no refund, discount, or replacement shall be

given by us.

9.2. No Refunds for Non-Utilisation

We will not issue any refund, discount, or replacement with regard to any arrangements for accommodation, meals,

sightseeing tours or other services that are included in the Hummingbird Tour but not utilised by you of your own volition or

where you amend, cancel or otherwise vary such arrangement, whether before or after the commencement of the

Hummingbird Tour.

9.3. No Refunds due to Compulsory Quarantine Etc.

Notwithstanding anything in these Terms and Conditions, Clause 8 shall not apply and there shall be no refund for any of the

following:

9.3.1. You are or any member of your Travel Group is placed on compulsory quarantine by any government or regulatory

authority.

9.3.2. You are or any member of your Travel Group is subjected to travel restrictions imposed by any relevant government

or regulatory authority.

9.3.3. You are or any member of your Travel Group is deported or refused entry by any relevant immigration authority, for

any reason.

9.3.4. You are or any member of your Travel Group is refused boarding onto any relevant flight or public transport.

9.3.5. You have or any member of your Travel Group has sustained a change in health condition (due to disease or

otherwise) that would directly or indirectly prevent you and/or such member of your Travel Group from partaking in

any component of the Hummingbird Tour, including but not limited to flights between countries.

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9.4. Mode of Refund

9.4.1. This Clause applies whenever refunds are payable to you under these Terms and Conditions.

9.4.2. For payments originally made in cash or via debit/credit cards, online transfer, cheque or bank transfer, we will make

the refund by online transfer. For payments originally made by you via travel gift voucher, we will issue you with a

new travel gift voucher of equal value.

10. AMENDMENT BY CUSTOMER

10.1. Amendment to be in Writing

You may request to amend the details of a bookings, such as rectification of typographical errors in a traveller’s name (i.e. not

a substitution of a traveller) or extension of stay. Such request shall be made to us at least 1 calendar month before the

Scheduled Departure Date of the Hummingbird Tour. You shall be responsible for all relevant charges and administrative fees

that may be incurred and/or charged by us and/or Third Party Service Providers, whether or not the change is eventually

possible. We will endeavour to accommodate your request, but this shall not be construed as a guarantee that it will be

effected.

10.2. No Amendment to Itinerary, Accommodation Sharing Arrangements and Flights

We will not entertain requests to amend the itinerary of a Hummingbird Tour or accommodation sharing arrangements. We will

also not entertain requests to amend the dates and timings of flights once the air ticket is issued.

11. AMENDMENT TO ITINERARY BY HUMMINGBIRD

The itinerary as set out in the Itinerary is for reference only. We reserve the right, in our sole and absolute discretion, to

change the itinerary at any time (whether before or after the commencement of the Hummingbird Tour) as we deem necessary,

whether due to any unforeseen circumstances beyond our control or otherwise.

12. ENTRY REQUIREMENTS AND TRAVEL INSURANCE

12.1. Entry Requirements and Travel Documents

12.1.1. You are responsible for referring to the relevant authorities for the latest entry requirements of the destination

countries. While we may offer advice on entry requirements if consulted, such advice are for guidance only and does

not amount to any responsibility or obligation on our part to ensure that you satisfy the entry requirements.

12.1.2. You are responsible for ensuring that your passports (or other travel document) is valid for at least 6 months from the

expected date of departure from the last point of departure in the itinerary and that you have all necessary visas,

permits, passes, licences, vaccinations, health certificates and/or other documents or approvals as may be required

by the relevant authorities.

12.1.3. Without limiting the effect of Clause 12.1.2, we may assist you to submit a visa application for a fee. However, this

shall not be construed as our obligation to do so, or as a guarantee of the outcome or approval of any such

application.

12.1.4. If a booking for a Hummingbird Tour has to be cancelled due to your failure to fulfil any entry requirements, you shall

be deemed to have served a Customer Cancellation Notice on us on the Scheduled Departure Date.

12.2. Travel Insurance

You are encouraged to obtain a comprehensive travel insurance policy to protect against circumstances, such as baggage

loss, flight delays, travel agent insolvency, medical emergencies, or changes in government or legislative policies or

regulations, such as compulsory quarantines due to or in connection with diseases or pandemics. We shall not be responsible

for any such matters.

13. MATTERS RELATING TO TRAVEL

13.1. Accommodations

The accommodation that you are entitled to are as specified in the Itinerary. Bed(s) may be single, twin, double-share or triple-

share (3 beds), and may be priced differently. For certain accommodation, such as camp sites, resorts, ryokans, homestays,

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temple stays, sharing of bathroom facilities may be necessary. For triple-share rooms, the third bed may be a rollaway bed.

Single room occupancy involves additional cost. Special requests are subject to availability. If the specified accommodation is

unavailable, we will arrange for alternatives of similar standard. You acknowledge and accept that unforeseen exigencies may

lead to unavailability of accommodation at the location stated in the Itinerary, and that we reserve the right to arrange for

alternatives at a different location. Hotel ratings are based on each destination’s local standard.

13.2. Preparation Checklist

We may provide you with a Preparation Checklist before the Scheduled Date of Departure. It is your responsibility to read the

Preparation Checklist and prepare for your Hummingbird Tour accordingly.

13.3. Strict Adherence to Baggage Allowance

13.3.1. Your Hummingbird Tour may involve private transport, public transport, luggage transfer services, or a combination

thereof. All of these will have restrictions on baggage allowance. As such, you must follow and not exceed the

baggage allowance (be it in weight, size or quantity) stipulated by us in the Preparation Checklist. You are also fully

responsible for checking the baggage allowance for your flight.

13.3.2. Charges imposed by carriers or luggage transfer services for baggage in excess or permitted allowance shall be

borne by you. We will also not be responsible if your excess baggage is not accepted for transfer.

13.4. Personal Belongings

Throughout the duration of the Hummingbird Tour, you are fully responsible for ensuring the safety of your belongings. You

shall not entrust your belongings to the tour manager, tour leader, tour guide, or driver for safekeeping. We will not be

responsible for any loss of or damage to your personal belongings.

13.5. Third Party Service Providers

We rely on the services of Third Party Service Providers. You understand that we only act as an intermediary between you

and such Third Party Service Providers. Practices, regulations, and/or policies imposed by Third Party Service Providers are

not within our control. Therefore, we shall not be liable in any way for any changes made by or acts or omissions on the part of

such Third Party Service Providers that affect you or your Hummingbird Tour in any way.

13.6. Airlines

13.6.1. You are subject to and are fully responsible for compliance with Airlines ’Terms and Conditions. If you fail to do so,

you may not be permitted to board your flight, or may have to make additional payments in order to board your flight.

If so, we shall not be responsible for any loss, inconvenience, or additional payments that you may sustain.

13.6.2. You may be entitled to in-flight meals if so specified in the Itinerary. No refunds or replacements shall be provided if

in-flight meals are not served for any reason.

13.7. Special Requests

You are responsible for informing us of any special request that you or anyone in your Travel Group may have, including

special dietary requirements, special seating arrangements on flights, requests for adjoining rooms in accommodations,

requests for a smoking room, or requests in relation to travellers with special needs when you make a booking with us. You

acknowledge that special requests may be met only with the cooperation of Third Party Service Providers. Therefore, we

cannot guarantee that your request will be met, and we will not be responsible if any request is not or cannot be met for any

reason.

13.8. Pregnant Travellers

Third Party Service Providers, including airlines, may refuse to allow any pregnant traveller to undertake certain activities,

including boarding a flight. Such event does not amount to a Cancellation Event and no refund shall be payable by us.

13.9. Health and Fitness Level

13.9.1. You are fully responsible for ensuring that you are in suitable mental and physical condition and have the fitness level

required of the Hummingbird Tour, especially if it involves strenuous activity, such as trekking.

13.9.2. Nothing in these Terms and Conditions creates an obligation on us to ascertain or ensure that you are or any part of

your Travel Group is in suitable mental and physical condition and have the fitness level required of the Hummingbird

Tour.

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14. HUMMINGBIRD’S RIGHT TO REFUSE TRAVEL

14.1. Notwithstanding anything in these Terms and Conditions, we have the sole and absolute discretion to refuse to allow an

individual to travel if he or she, in our opinion, is:

14.1.1. physically or mentally unfit to travel or take part in the activities contemplated in the Hummingbird Tour;

14.1.2. will or may require care beyond that which can reasonably be provided in connection with the Hummingbird Tour; or

14.1.3. is likely to endanger the health or safety, or impair the comfort and enjoyment of the other travellers.

14.2. Without liability to you or any member of your Travel Group, we are entitled to exercise our discretion above at any time. If we

do so, no refund shall be payable by us. Our exercise of discretion to refuse travel to a Customer does not amount to a

Cancellation Event.

15. LIABILITY

15.1. Exclusion of Liability

We shall not be liable for any losses, costs, damages, expenses (including due to any delay), inconvenience, additional

payments, or personal injury or death of any person, whether direct or indirect, and whether reasonably foreseeable by us or

not:

15.1.1. not arising from our gross negligence;

15.1.2. not arising from our breach of these Terms and Conditions;

15.1.3. arising from our exercise of our discretion pursuant to these Terms and Conditions;

15.1.4. arising from or in connection with a breach of these Terms and Conditions by you or any member of your Travel

Group, including a failure to perform any of your or their obligations hereunder;

15.1.5. arising from or in connection with actions or omissions of third parties (including Third Party Service Providers);

15.1.6. arising from or in connection with reasons beyond our control, including a mechanical breakdown, an act of God,

earthquake, fire, tsunami or other natural disasters, weather conditions, war, civil unrest or terrorist attacks,

government or legislative policies or regulations, strikes and labour unrest, diseases or pandemics, compulsory

quarantines, travel restrictions, or any event which would render the provision of the Hummingbird Tour by us to you

impossible or radically different from as contemplated by us at the point of issuance of the Itinerary to you;

15.1.7. arising as a result of you or any member of your Travel Group being placed on compulsory quarantine, deported or

refused entry by the government or immigration authority of any country for any reason;

15.1.8. arising as a result of you or any member of your Travel Group being refused boarding onto any relevant flight or

public transport for any reason;

15.1.9. arising as a result of prevailing travel restrictions; or you and/or any member of your Travel Group’s contracting of a

communicable disease which, as a result of or in connection with the said travel restrictions, would prevent you

and/or such member of your Travel Group from partaking in any component of the Hummingbird Tour in any way,

including but not limited to flights between countries;

15.1.10. arising as a result of you or any member of your Travel Group sustaining a change in health condition (due to

disease or otherwise) that would prevent you and/or such member of your Travel Group from partaking in any

component of the Hummingbird Tour; or

15.1.11. arising as a result of your failure to follow reasonable instructions, including but not limited to noting and complying

with specified check-in and check-out and/or meeting places and times.

15.2. Limitation of Liability

If we are adjudged by a court of competent jurisdiction to be liable to you, the maximum extent of such liability and your sole

remedy for damages from us (whether in respect of one claim or a series of connected claims), arising out of the failure to

comply with or in respect of any obligation of ours under these Terms and Conditions, shall be limited to the aggregate sum of

all payments received by us from you for the Hummingbird Tour in respect of which such liability arose. We shall not be liable

for any indirect, special, consequential or punitive damages.

16. INDEMNITY

16.1. Indemnify and Hold Harmless

You and all members of your Travel Group agree and undertake to indemnify and hold harmless the Company, our directors,

employees, agents, and contractors in respect of all damages, claims, losses, charges and/or expenses, including legal costs,

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expenses and disbursements incurred (on a full indemnity basis) arising from and/or connected with the losses (collectively,

“Liabilities”), whether or not such Liabilities are sustained, incurred or suffered by us during the provision of the Hummingbird

Tour to you and your Travel Group, or otherwise.

16.2. Legal Costs

You agree to pay to us, on a full indemnity basis, all costs and expenses, including but not limited to all legal costs on a

solicitor-and-client basis, incurred by us in relation to or in connection with the following:.

16.2.1. any breach of these Terms and Conditions by you and/or any member of your Travel Group; or

16.2.2. any enforcement of our rights under these Terms and Conditions.

17. MISCELLANEOUS

17.1. Customer Feedback

If you have any feedback or complaint concerning any Hummingbird Tour, you may inform our representative during the

course of the Hummingbird Tour.

17.2. Privacy Policy

Our privacy policy may be found under the Privacy Policy tab of our website. You are deemed to have agreed to the privacy

policy by your booking of a Hummingbird Tour.

17.3. Non-Assignment

All of your and your Travel Group’s rights and entitlements in relation to any Hummingbird Tour are personal to you and the

members of your Travel Group (as the case may be) and may not be assigned or transferred without our prior written consent.

17.4. No Third Party Rights

No persons other than the parties to these Terms and Conditions have any right to rely on or enforce any of the terms and

conditions herein for any purpose.

17.5. Non-Waiver

No waiver by the Company of any term or condition herein shall be effective unless made in writing and signed by us. Our

failure to require the performance of or waiver of any breach of any term or obligation herein shall not prevent the subsequent

enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

17.6. Amendment and Variation

We shall have the right to change, amend, insert or delete any of these Terms and Conditions from time to time.

17.7. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties hereto and supersedes all prior

representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) with

respect to the subject matter hereof.

17.8. Dispute Resolution

Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence,

validity or termination, or any feedback or complaint that cannot be settled through negotiation between you and us shall be

first referred to mediation administered by the Malaysia International Mediation Centre. If the dispute cannot be resolved by

mediation within 30 days after the participation of parties in such mediation, parties shall submit the dispute to exclusive

jurisdiction of the courts of Malaysia.

17.9. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of Malaysia. Parties submit to the exclusive jurisdiction of the courts of

Malaysia.

17.10. Severance

If any term or condition of these Terms and Conditions are deemed by a competent Court of the Malaysia to be illegal, void,

and/or unenforceable, such term or condition shall be ineffective to the extent of such illegality, voidness, and/or

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unenforceability. Any such illegality, voidness, and/or unenforceability shall not invalidate or render illegal, void or

unenforceable any other term or condition herein.

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