By
your (“customer”, “traveller”, “you” or “your”)
making of a reservation for a package tour identified at https://www.chanbrothers.com/package-tours (“Package Tour(s)”) with Chan Brothers Travel Pte Ltd (“Company”,
“us”, “we” or “our”), you are deemed to have read,
understood and accepted the Terms and Conditions herein below.
You
shall be fully responsible for ensuring that you have read and understood these
Terms and Conditions before making a reservation for a Package Tour with us.
1. General Matters Relating to Package Tours
1.1. The details of your Package Tour
will be set out in the applicable tour itinerary (the “Itinerary”). Upon
us issuing the Itinerary to you, the Itinerary shall be deemed to form part of
these Terms and Conditions, except where otherwise specifically stated in the Itinerary.
If there is any inconsistency between the terms of the Itinerary and these
Terms and Conditions, the terms of these Terms and Conditions shall prevail.
1.2. Any fees and/or expenses which are
not expressly referred to in any or all of the following documents shall not be
included in the price of the Package Tour, and such fees and/or expenses shall
be chargeable to and fully payable by you directly:
1.2.1. The Itinerary;
1.2.2. These Terms and Conditions; and/or
1.2.3. The Pax Statement.
1.3. Without prejudice to the
generality of Clause 1.2, the price of the Package Tour set out in the Pax
Statement shall not include the following, all of which shall be, if
applicable, chargeable to and fully payable by you directly:
1.3.1. Airport taxes, airport security
taxes, airline insurance surcharges, fuel taxes, visa fees, costs of travel
insurance, customs user fees, and other service or miscellaneous fees which may
be chargeable by the airlines and airport authorities;
1.3.2. Fees for laundry services, excess
baggage charges, beverages, room service, and other miscellaneous fees which
may be chargeable by hoteliers;
1.3.3. Gratuities to drivers, tour
leaders and/or local guides, and tips to hotel porters;
1.3.4. Taxes, duties, or levies imposed
by any governmental or regulatory authority; and/or
1.3.5. Your personal expenses.
1.4. As used in these Terms and
Conditions:
1.4.1. Your “travel group” shall
mean you and any other such persons for and on behalf of whom you are intending
to make a reservation for a Package Tour; and
1.4.2. The “Scheduled Departure Date”
shall mean the date on which you are to first depart Singapore under your
Package Tour.
1.5. Without prejudice to anything in
Clause 6, accommodation which you are entitled to under the Package Tour shall
be specified in the Itinerary. Under our Package Tours, the bed(s) in such accommodation
may be single, twin, double-share or triple-share (3 different beds), and may
be priced differently at our sole and absolute discretion. For certain types of
accommodation, such as, but not limited to, farms and ski resorts, the sharing
of bathroom facilities may be necessary. For triple-share rooms, the third bed
may be a rollaway bed. You acknowledge and accept that unforeseen exigencies
may lead to accommodation not being available in the city mentioned, and that
we reserve the right to replace the specified accommodation with an alternative
to be made known at least 2 weeks before the Scheduled Departure Date.
1.6. We will necessarily have to rely
on the services of airlines, transport companies, hoteliers and other third
party service providers (collectively, “Third Party Service Providers”)
to provide the Package Tours to you. You understand that, in our doing so, we
are acting as an intermediary between you and such Third Party Service
Providers. While we will endeavour to render reasonable assistance to our customers
wherever possible, 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 which affect you or your Package Tour in any
way.
1.7. In the course of the Package Tour,
you may be subject to the respective airlines’ rules, regulations, and
conditions of carriage. You shall be fully responsible for ensuring that you comply
with such rules, regulations, and conditions of carriage. If you fail to do so,
you may not be permitted to board the relevant flights, or may have to make
additional payments to the airlines in order to board the relevant flights. In
such events, we shall not be responsible for loss, inconvenience, or additional
payments you sustain.
1.8. Without prejudice to anything in Clause
6, meals, including meals on-board flights, which you are entitled to under the
Package Tour, shall be specified in the Itinerary. No refunds or replacements
will be provided if such on-board meals are not served for any reason.
1.9. Any person under 18 years of age in
your travel group as at the Scheduled Departure Date must be accompanied by an
adult. If any person under 18 years old in your travel group is travelling with
an adult other than his or her parent or official guardian, his or her parent
or official guardian is required to fill up an “Unaccompanied Minor and
Handling Assistance Waiver” form, which you shall be fully responsible to
ensure you procure from us. You shall further be fully responsible for ensuring
that you comply with the requirements of any relevant airline and/or regulatory
authority relating to minors travelling.
1.10. If
you or anyone in your travel group is pregnant, you shall be fully responsible
for ensuring that you procure a doctor’s memorandum stating that you and/or they
are fit for travel. Notwithstanding any such doctor’s memorandum, in the event
that any Third Party Service Providers, including but not limited to airlines
or cruise companies, refuse to allow any pregnant traveller to undertake
certain activities, including but not limited to boarding a flight or cruise, no
refund shall be payable by us. For the avoidance of doubt, such event shall not
be an event falling within the definition of Clause 5.1.
1.11. Any
persons below the age of 12 years old (as of the date of return to Singapore at
the end of the Package Tour) may, subject to applicable Third Party
Service Providers’ terms and conditions, be eligible for child fare rates.
While we will use all reasonable endeavours to procure such rates for you, we
cannot guarantee that we will obtain them even if they are stated by the Third
Party Service Providers as being available and/or applicable.
1.12. While
we will use all reasonable endeavours to accommodate and make reasonable
arrangements for travellers with special needs, we shall not be responsible if
we are unable to effect any requested arrangements or for any delay or missed
activities experienced for travellers with special needs. Without prejudice to
the generality of the foregoing portion of this Clause, in the event that any Third
Party Service Providers, including but not limited to airlines and hotels, are
unable or unwilling to permit any traveller with special needs to undertake
certain activities, we shall not be liable for the same and no refund shall be
payable by us. For the avoidance of
doubt, such event shall not be an event falling within the definition of Clause
5.1.
1.13. Notwithstanding
anything in these Terms and Conditions, we shall retain the sole and absolute
discretion to refuse to allow an individual to travel if he or she, in our
opinion, is:
1.13.1. Physically
or mentally unfit to travel;
1.13.2. Will
or may require care beyond that which can reasonably be provided in connection
with the Package Tour; and/or
1.13.3. Is
likely to endanger the health or safety, or impair the comfort and enjoyment of
the other travellers.
1.14. We
are entitled to exercise our discretion under Clause 1.13 at any time before
the travel group boards the first flight out of Singapore under the applicable
Package Tour; and in the event that we do so, no refund shall be payable by us.
For the avoidance of doubt, our exercise of our discretion to refuse to allow
an individual to travel under Clause 1.13 shall not be an event falling within
the definition of Clause 5.1.
1.15. All
payments intended and/or required to be made to us, whether in connection with
reservation for Package Tours, anything in these Terms and Conditions, or
otherwise, must be made by cash, NETS, cheque (subject to the following portion
of this Clause), credit card, or valid travel gift vouchers (subject to the
applicable terms and conditions of such vouchers). Cheques must be presented to
us at least 3 working days before the applicable due date for
the payment which they purport to be in respect of, and if payment is made by
cheque, we will consider such payment received only when the funds intended to
be paid under that cheque reaches our account. All payments made to us must be
in Singapore Dollars.
2. Making of Your Reservation and Payment of Deposit
2.1. A reservation for a Package Tour shall
be treated as confirmed only when:
2.1.1. You have paid the applicable
deposit (the “Deposit”) as defined in Clause 2.2; and
2.1.2. Within 3 days of payment of the
Deposit, you submit to us: accurate and complete details of the passports of
all persons in your travel group.
2.2. Subject to Clause 2.3, the Deposit
shall be:
| Destination of Package Tour |
Minimum deposit per traveller within
your travel group |
| China | S$750.00 |
| All other destinations | S$1,000.00 |
| Northern Lights | S$2,000.00 |
2.3. We reserve the right to, in our
sole and absolute discretion, change the chargeable Deposit. We may also,
in our sole and absolute discretion, charge a different Deposit from customer
to customer and/or from Package Tour to Package Tour.
2.4. If you do not submit the documents
contemplated to be submitted to us under Clause 2.1.2 within 3 days of payment
of the Deposit, we have the right to deem you as having withdrawn your
reservation. In these circumstances, your reservation will be cancelled and any
Deposit paid to us will be forfeited and not be refunded to you.
2.5. You shall be fully responsible for
informing us of any special request that you or anyone in your travel group may
have, including but not limited to 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 first make a reservation with us. You
acknowledge that the requests you make under this Clause may be met only with
the cooperation of Third Party Service Providers; and therefore, while we will endeavour
to assist you in having your requests met, we cannot guarantee the same, and we
will not be responsible if any such request is not or cannot be met for any
reason.
3. Confirmation of Reservation and Full Payment
3.1. Your reservation for a Package
Tour shall only be treated as confirmed upon notification to you by us in
writing of the same; and if your Package Tour is not confirmed in accordance
with this Clause, you and your travel group shall not be entitled to any
benefits of a Package Tour. For the avoidance of doubt and without prejudice to
the foregoing portion of this Clause, none of the following shall be construed
as us confirming your reservation for a Package Tour:
3.1.1. Your making of a reservation for a
Package Tour, whether or not in accordance with Clause 2.1; and/or
3.1.2. The issuance of a Pax Statement to
you.
3.2. Notwithstanding anything in these
Terms and Conditions, we shall retain the sole and absolute discretion as to
whether to confirm your reservation for a Package Tour.
3.3. As used in these Terms and
Conditions, “Minimum Group Size” shall mean the minimum number of
persons who we have determined must be travelling on and partaking in the
Package Tour on the Scheduled Departure Date; and the Minimum Group Size shall
be determined by us in our sole and absolute discretion from time to time.
3.4. In deciding whether to confirm
your reservation for a Package Tour, we may consider, among other things, the
total number of persons (including your travel group) who have paid Deposits
for the particular Package Tour. If, we deem, in our sole and absolute
discretion, that there will, at the Scheduled Departure Date, be insufficient such
persons to fulfil the Minimum Group Size, we shall be entitled to reject your
reservation, in which case we shall be deemed to have cancelled your reservations
for the Package Tour in accordance with Clause 5 below.
3.5. After we confirm your reservation
for a Package Tour, you must make full payment for your Package Tour at least
14 days before the Scheduled Departure Date under the said Package Tour. Such
full payment shall mean payment of all of the following:
3.5.1. The price of the Package Tour as
stated in the Pax Statement or any amendments thereof notified to you less the
Deposit received by us from you; and
3.5.2. Where applicable, any other
payment that we have notified you as being payable to us.
3.6. You shall be responsible for
ensuring that any payment made to us, whether in accordance with Clause 3.5 or
otherwise, is received by us on or before the payment deadline set out in
Clause 3.5. If payment is made to us by cheque, we will consider such payment
received only when the funds intended to be paid under that cheque reaches our
account.
3.7. If payment is not received by us
from you by the deadline set out in Clause 3.5, your reservation shall be deemed
to have been cancelled by you pursuant to Clause 4.1; and you shall be deemed
to have served Your Cancellation Notice (as defined in the aforementioned
Clause) on the date after the day on which the deadline set out in Clause 3.5
lapses.
4. Cancellation by the Customer
4.1. Except where specified to the
contrary in these Terms and Conditions and any other document these Terms and
Conditions incorporate, you may cancel your reservation at any time before the Scheduled
Departure Date by serving on us a notice in writing of the same (“Your Cancellation
Notice”). For every cancellation by you, you must pay the cancellation fee
(the “Cancellation Fee”) defined in Clause 4.2.
4.2. Subject to Clauses 4.3, 4.6 and
4.9, the Cancellation Fee shall be:
| Number of days between our receipt of Your
Cancellation Notice and the Scheduled Departure Date | Cancellation fee per traveller within your
travel group |
| Package Tours to China, Selected Package Tours
as defined in Clause 4.8, and Package Tours departing during peak seasons as
defined in Clause 4.7 | All other Package
Tours departing during
non-peak seasons |
| 35 days and
above | 100% of Deposit | 50% of Deposit |
| 15 - 34 days | 100% of Deposit | 100% of Deposit |
| 8 - 14 days | The
higher of:
50%
of the full price of the Package Tour; or100% of Deposit | The higher of:
50% of the full price of the Package Tour; or100% of Deposit |
| 4 - 7 days | 100% of the full price of the Package Tour | The
higher of:
75%
of the full price of the Package Tour; or100% of Deposit |
| 3 days and below | 100% of the full price of the Package Tour | 100% of the full price of the Package Tour |
4.3. The Cancellation Fee shall also,
in addition to the amount set out in Clause 4.2, include any non-refundable
airport taxes, surcharges or any other fees imposed by the relevant airlines and/or
other Third Party Service Providers and payable by us in connection with your
reservation for a Package Tour and/or Your Cancellation Notice.
4.4. Upon our receipt of Your
Cancellation Notice, we shall endeavour to inform you of the Cancellation Fee
payable as soon as possible. Upon such notification to you, we shall
immediately apply the Deposit towards payment of the Cancellation Fee, and any
outstanding portion of the Cancellation Fee that cannot be covered by the
application of the Deposit shall be paid by you within 3 days of such
notification.
4.5. Subject to Clause 4.6, should we
obtain a refund of airport taxes, surcharges, or any other fees imposed by the
airlines and/or other Third Party Service Providers which were payable by us in
connection with your reservation for a Package Tour before our notification to
you of the Cancellation Fee pursuant to Clause 4.4, such airport taxes,
surcharges, and fees shall not be included in the Cancellation Fee to the
extent that they were refunded to us.
4.6. We shall have the sole and
absolute discretion to charge an administrative fee of S$50.00 for any
cancellation of your reservation; and in the event we do so, such
administrative fee shall be added to the Cancellation Fee notified to you
pursuant to Clause 4.4.
4.7. A change of departure date,
traveller’s name (other than correction of typographical errors) and/or type of
Package Tour shall be deemed a cancellation pursuant to Clause 4.1, and you
shall be deemed to have served Your Cancellation Notice on the date on which
such request for the change is made.
4.8. As used in these Terms and
Conditions:
4.8.1. “Peak season(s)” refer to
gazetted public holidays in the Republic of Singapore and primary and secondary
school holidays fixed by the relevant authorities; and
4.8.2. “Selected Package Tours”
refer to Package Tours booked during travel fairs and Package Tours sold on
promotional or discounted rates.
4.9. If all of the requirements
stipulated in this Clause are fulfilled, then notwithstanding anything to the
contrary in these Terms and Conditions, the applicable Cancellation Fee shall only
comprise the administrative fee referred to in Clause 4.6, and any non-refundable
airport taxes, surcharges or any other fees imposed by the relevant airlines
and/or other Third Party Service Providers and payable by us in connection with
your reservation for a Package Tour and/or Your Cancellation Notice. The
requirements for this Clause to apply are:
4.9.1. Your Cancellation Notice is in
respect of your reservation for a land-only Package Tour; and
4.9.2. The Singapore Ministry of Foreign
Affairs has issued a travel advisory or notice which expressly advises against
travel to one or more of the destinations included in the said Package Tour
during the proposed period of travel under the same; and such advisory or
notice precedes Your Cancellation Notice referred to in Clause 4.9.1.
4.10. You shall be responsible for
ensuring that Your Cancellation Notice, whether served in accordance with
Clause 4.1 or otherwise, is received by us.
5. Cancellation by the Company
5.1. Subject to Clause 5.4, a “Cancellation
Event” is deemed to have taken place if we have determined, in our sole and
absolute discretion, that any of the following has or have occurred:
5.1.1. The Package Tour cannot be
fulfilled due to any reason(s) beyond our control, including but not limited to
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 actions, strikes and labour unrest, diseases or
pandemics, compulsory quarantines, travel restrictions imposed by the Singapore
government or the governments of countries you are visiting under the Package
Tour, or any event which would render the provision of the Package Tour by us
to you impossible or radically different from as contemplated by us at the
point of issuance of the Itinerary to you;
5.1.2. Without prejudice to the
generality of Clause 5.1.1, Third Party Service Providers, for reasons unknown
or not reasonably foreseeable to us, have done or omitted to do anything which
would cause our providing of the Package Tour to be impossible or radically
different from as contemplated by us at the point of issuance of the Itinerary to
you; and/or
5.1.3. It is not reasonably foreseeable
that the Minimum Group Size will be fulfilled by the Scheduled Departure Date.
5.2. Upon the occurrence of a
Cancellation Event and subject to Clause 5.4, we shall endeavour to notify you as
soon as possible that your reservation for the Package Tour (the “Original
Package Tour”) has to be cancelled, and we shall offer one or more of the
following options to you:
5.2.1. We may offer an alternative
Package Tour which is, in our sole and absolute discretion, comparable in
value; and if you accept such offer, any difference in value between the
Original Package Tour and the alternative Package Tour shall be topped up by
you or refunded by us (in accordance with Clause 9.3), as the case may be;
5.2.2. We may offer that payments
received from you in respect of the Original Package Tour are to be retained as
credit notes, which you may use to purchase services, including but not limited
to Package Tours, from us at a later date and subject to availability; and/or
5.2.3. We may offer a full cash refund of
all payments received from you in respect of the Original Package Tour.
5.3. For the avoidance of doubt, we shall
retain the sole and absolute discretion to decide on which of the options set
out in Clauses 5.2.1, 5.2.2 and/or 5.2.3 are to be offered to you, and our
decision shall be final. Further, if your reservation has to be cancelled
pursuant to Clauses 5.1 and 5.2, you shall not be entitled to request for any
other recourse or relief from us except for those set out in Clauses 5.2.1, 5.2.2
and/or 5.2.3.
5.4. Nothing in Clause 5 shall apply in
any and all of the following situations:
5.4.1. If, at any time, you or any member
of your travel group are or is placed on compulsory quarantine by any
government or regulatory authority;
5.4.2. If, at any time, you or any member
of your travel group are or is deported or refused entry by the immigration
authorities of any country, including Singapore, for any reason; and/or
5.4.3. If, at any time, you or any member
of your travel group are or is refused entry onto any flight contemplated to be
boarded during the Package Tour.
5.5. For the avoidance of doubt, if any
of the events referred to in Clause 5.4 occur, we shall not be obliged to offer
you any of the options set out in Clause 5.2. You are therefore strongly
encouraged to maintain the travel insurance as referred to in Clause 10.5.
6. Amendment to Package Tour by the Customer
6.1. All of your, and your travel
group’s, rights and entitlements in relation to any Package Tour booked with us
are personal to you and the members of your travel group (as the case may be)
and may not be assigned without our express written consent.
6.2. Without limiting the effect of Clause
4.7 in any way, you may submit a written request for an amendment to the
details of a reservation, including but not limited to rectification of
typographical errors in a traveller’s name, changes to flight itinerary, changes
to accommodation sharing, extension of stay or deviation from the Itinerary, at
any time. Such written request shall be made to us at least 14 days before the
schedule departure date of the tour. You shall be responsible for all charges
and administrative fees that may be incurred and/or charged by us in attempting
to effect the change, regardless of whether or not the change is eventually
possible. We will endeavour to accommodate or facilitate your request, but this
shall not be construed as a guarantee that it will be effected. For the
avoidance of doubt, we will not entertain requests to amend the dates and
timings of flights except where such requests relate to flight deviations or
extensions of travel.
6.3. Where the change is possible, you
shall be responsible for all charges and administrative fees incurred and/or
charged by us and/or Third Party Service Providers in connection with the same.
7. Amendment to Package Tour by the Company
7.1. Nothing in this Clause 7 shall
limit the operation of Clause 5 in any way.
7.2. An “
Amendment Event” is
deemed to have taken place if we have determined, in our sole and absolute
discretion, that any component(s) of the itinerary for the Package Tour cannot
be fulfilled, or if any change(s) to such itinerary are necessitated, due to
any reason(s) beyond our control, including but not limited to 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 actions, strikes and labour unrest, diseases or pandemics,
compulsory quarantines, travel restrictions imposed by the Singapore government
or the governments of countries you are visiting under the Package Tour, or any
event which would render the provision of the Package Tour by us to you
impossible or radically different from as contemplated by us at the point of
issuance of the Itinerary to you.
7.3. Upon the occurrence of an
Amendment Event, we shall endeavour to notify you of the same as soon as
possible, and we may offer one or more of the following options to you:
7.3.1. We may offer a replacement of the
part of the Package Tour which cannot be carried out with a component which is,
in our sole and absolute discretion, comparable in value; and if you accept
such offer, any difference in value between the original Package Tour and the
alternative or amended Package Tour shall be topped up by you or refunded by us,
as the case may be; and/or
7.3.2. We may offer a cash refund of a
sum equivalent to the value of the component of the Package Tour which cannot
be carried out, such value to be determined by us in our sole and absolute
discretion, and provided that the payments received from you for the Package
Tour are in excess of such monetary equivalent.
7.4. For avoidance of doubt, we shall
retain the sole and absolute discretion to decide on which of the options set
out in Clauses 7.3.1 and/or 7.3.2 are to be offered to you, and our decision
shall be final. Further, upon the occurrence of an Amendment Event, you shall
not be entitled to request for any other recourse or relief from us except for
those set out in Clauses 7.3.1 and/or 7.3.2.
7.5. Nothing in Clause 7 shall apply in
any of the situations referred to in Clause 5.4; and, for avoidance of doubt,
if any of the events referred to in Clause 5.4 occur, we shall not be obliged
to offer you any of the options set out in Clause 7.3.
8. Enforced Amendment to OR Cancellation of Package Tour due to Pandemics
8.1. Notwithstanding anything in these
Terms and Conditions but subject to Clause 8.2, you shall be fully liable and
responsible for all losses, costs, damages, expenses (including due to any
delay), inconvenience, personal injury, or additional payments you and/or any
member of your travel group sustains as a result of any and all of the
following:
8.1.1. The prevailing travel restrictions
imposed by the Singapore government or the governments of countries you are
visiting under the Package Tour from time to time; and/or
8.1.2. 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 travel restrictions referred to in Clause 8.1.1, would
prevent you and/or such member of your travel group from partaking in any
component of the Package Tour in any way, including but not limited to flights
between countries (including Singapore).
8.2. Clause 8.1 shall not apply if the
losses, costs, damages, expenses (including due to any delay), inconvenience, personal
injury, inconvenience, or additional payments referred to in the said Clause are
deemed, in our sole and absolute discretion, to have been caused by our gross
negligence.
9. Refund Policy
9.1. Except where otherwise expressly
stated in these Terms and Conditions or where agreed between you and us in
writing, no refund, discount, or replacement shall be given by us.
9.2. We will not issue any refund,
discount, or replacement with respect to any arrangements for accommodation,
meals, sightseeing tours or other services which are included in the Package
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 Package Tour.
9.3. This Clause applies whenever
refunds are payable to you under these Terms and Conditions. For payments
originally made by you in cash or via NETS, cheque or bank transfer, refunds
will be made by way of cheque and will generally be processed within 2 to 4
weeks from the date of cancellation. For payments originally made by you
through credit card, refunds will be made via the respective credit card
company and will generally be processed within 4 to 6 weeks from the date of
cancellation. For payments originally made by you via travel gift voucher,
refunds will be made via a credit note to be issued by us and will generally be
processed within 4 to 6 weeks from the date of cancellation. The refund process
may take longer during peak seasons, due to the increase in transaction volume,
and we shall not be responsible for any delay beyond the general processing
timeframes set out in this Clause.
10. Travel Documents and Travel Insurance
10.1. You and each member of your travel
group shall be responsible for ensuring that all passports (or other travel
document, as the case may be) of persons within your travel group is valid for
at least 6 months from the expected date of departure from the last point of
departure in the itinerary and that each of such persons has all necessary
visas, permits, passes, licences, vaccinations, health certificates and/or
other documents or approvals as may be required by the applicable governmental
authorities of the destination countries to be visited during the Package Tour.
10.2. Without limiting the effect of Clause
10.1 in any way, we may, from time to time and subject to our sole and absolute
discretion, assist a traveller to submit a visa application for a fee, but this
shall not be construed as our obligation to do so, or as a guarantee of the
outcome or approval of any such application.
10.3. You and each member of your travel
group shall also be solely responsible for ensuring that his or her name as
provided to the Company and reflected in the Pax Statement tallies with the
name in his or her passport or travel document. If any amendment to such name
is required, all applicable fees charged and/or incurred by us shall be borne
by you.
10.4. In the event that a reservation for
a Package Tour has to be cancelled due to or in connection with your failure to
fulfil the requirements set out in Clause 10.1, you shall be deemed to have
served Your Cancellation Notice on us on the Scheduled Departure Date.
10.5. All travellers are strongly
encouraged to obtain a comprehensive travel insurance policy to protect against
unforeseen 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. For avoidance of doubt, we shall not be responsible
for any such matters.
11. Data Protection
11.1. Our privacy policy may be found at
https://www.chanbrothers.com/Privacy,
and by your making of a reservation for a Package Tour, whether in accordance
with Clause 2.1 or otherwise, you, for yourself and for and on behalf of all
persons within your travel group, are deemed to agree to all the terms
contained within the same.
11.2. We will comply with our privacy
policy referred to in Clause 11.1, and will at all times comply with all relevant obligations on us
governing the collection, use, disclosure and care of your personal data under
the Personal Data Protection Act 2012.
11.3. In addition to Clauses 11.1 and 11.2, by making
of a reservation for a Package Tour for yourself and for and on behalf of all
persons within your travel group, you consent to us collecting, using, and
disclosing photographs and videos of you and all persons within your travel
group, for the purpose of including in our advertising
and publicity materials and programmes (such as brochures). Notwithstanding the
foregoing portion of this Clause, any traveller who wishes to withdraw his or
her consent to our collection or use of any photographs or videos that may
feature such traveller, may notify us at privacy@chanbrothers.com.sg, whereupon we will endeavour, as soon as reasonably practicable, to
remove any reference to such traveller from our advertising and publicity
materials and programmes, provided always that we shall not be liable to recall
or change any such materials or programmes which have already been produced,
publicly distributed or disseminated by us prior to receiving such notification;
and upon receipt of such notification, we shall be entitled to disallow any
traveller from partaking in certain Package Tours to be identified by us in our
sole and absolute discretion from time to time, in which case the traveller
giving such notification shall be deemed to have served Your Cancellation
Notice (as defined in Clause 4.1) on the date of the giving of such
notification to us.
12. Indemnity
12.1. 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 (collectively, the
“Losses”) arising from any of the following, whether direct or indirect,
and whether reasonably foreseeable by us or not:
12.1.1. Losses not arising from our gross
negligence;
12.1.2. Losses not arising from a breach
of these Terms and Conditions;
12.1.3. Losses arising from our exercise
of our discretion pursuant to Clauses 1.13 and 1.14;
12.1.4. Losses arising from or in
connection with a breach of these Terms and Conditions by you or any member of
your travel group, including but not limited to the failure to perform any of
your or their obligations hereunder;
12.1.5. Without prejudice to the generality
of Clauses 12.1.1 and 12.1.2, Losses arising from or in connection with actions
or omissions of third parties (including but not limited to Third Party Service
Providers);
12.1.6. Losses arising from or in
connection with reason(s) beyond our control, including but not limited to 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 imposed by the Singapore
government or the governments of countries you are visiting under the Package
Tour, or any event which would render the provision of the Package Tour by us
to you impossible or radically different from as contemplated by us at the
point of issuance of the Itinerary to you;
12.1.7. Without limiting the effect of Clause
12.1.5 in any way, Losses arising as a result of you or any member of your
travel group being placed on compulsory quarantine by any government or
regulatory authority, or you or any member of your travel group being deported
or refused entry by the government or immigration authorities of any country
for any reason;
12.1.8. Losses sustained by you or any
member of your travel group as a result of the prevailing travel restrictions
imposed by the Singapore government or the governments of countries you are
visiting under the Package Tour from time to time; 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 Package
Tour in any way, including but not limited to flights between countries
(including Singapore); and/or
12.1.9. Losses arising from or in
connection with a failure by you 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.
12.2. For avoidance of doubt, the effect
of Clause 12.1 includes but is not limited to us not being obliged in any way
to offer you any of the options set out in Clauses 5.2 and/or 7.3 in the event
that such Losses are suffered by you.
12.3. Without prejudice to Clause 12.1,
if, for whatever reason, our liability to you has been established under the
law, 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 us under
these Terms and Conditions, shall be limited to the aggregate sum of all
payments of fees received by us from you for the Package Tour in respect of
which such liability arose.
12.4. You and all members of your travel
group agree and undertake to indemnify and hold harmless the Company, our
directors, employees, agents, contractors, and servants in respect of all
damages, claims, losses, charges and/or expenses, including legal costs,
expenses and disbursements incurred (on a full indemnity basis) arising from
and/or connected with the lessons (collectively, “Liabilities”),
regardless of whether such Liabilities are sustained, incurred or suffered by us
during the provision of the Package Tour to you and your travel group, or
otherwise.
12.5. 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:
12.5.1. Any breach of these Terms and
Conditions by you and/or any member of your travel group; and
12.5.2. Without prejudice to the generality of Clause 12.5.1, any enforcement of
our rights under these Terms and Conditions.
13. Miscellaneous
13.1. We welcome feedback from our
customers. Should you have any feedback or complaint concerning any Package
Tour, you may inform our representative during the course of the Package Tour;
and if matter cannot be resolved after our representative’s endeavours during
the Package Tour, your complaint may be submitted in writing to us at feedback@chanbrothers.com.sg.
13.2. 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 compliant referred
to in Clause 13.1, which cannot be settled through negotiation between you and
us shall be first referred to mediation administered by the Singapore 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
the non-exclusive jurisdiction of the Singapore Courts.
13.3. These Terms and Conditions shall
be governed by the laws of the Republic of Singapore.
13.4. In the event that any term or condition
of these Terms and Conditions are deemed by a competent Court of the Republic
of Singapore to be illegal, void, and/or unenforceable, such term or condition
shall be ineffective to the extent of such illegality, voidness, and/or
unenforceability; but any such illegality, voidness, and/or unenforceability
shall not invalidate or render illegal, void or unenforceable any other term or
condition herein.
13.5. The Contracts (Right Of Third
Parties) Act (Cap. 53B) shall not apply to these Terms and Conditions under any
circumstances whatsoever; and, aside from the Company and you, no person,
company, or any other entity shall have any right to rely on or enforce any of
the terms and conditions herein for any purpose.
13.6. We shall have the right to, in our
sole and absolute discretion and from time to time, change, amend, insert or
delete any of these Terms and Conditions. The latest copy of these Terms and
Conditions is maintained and made available at https://www.chanbrothers.com/PackageTourTnCs.
You shall be fully responsible for checking our website at reasonable intervals
to update yourself on the latest editions of these Terms and Conditions.