Terms & Conditions
Your access and use of this Site (as defined below) is subject to the following terms of use (“Terms”). Please read these Terms carefully. By accessing and/or using this Site, you hereby agree to be bound by the Terms without limitation or qualification. If you do not agree with these Terms, please immediately discontinue the access to and/or use of this Site.
We reserve the right to amend, revise or modify these Terms at any time at our absolute discretion without prior notice to you, and such amended, revised or modified Terms shall be effective upon their publication on this Site. Please visit this Site regularly and check these Terms to ensure that you are aware of all the terms governing your use of this Site. Your continued access and/or use of this Site constitute your agreement to and acceptance of the amended, revised or modified Terms.
For the purposes of these Terms:
- The terms “AVS Travel”, “us”, “we”, “our” shall mean Advance System Holiday Sdn. Bhd..
- The term “Site” shall mean this website (https://www.avstravel.my/) and the other pages hereof.
- The terms “you”, “your” and “yours” shall mean you, the person(s) accessing this Site and the party on whose behalf you are doing so.
1) Services & Products
1. AVS Travel offers an online platform through this Site (“Services”), where you can browse for, reserve and purchase any and/or all of the following, which are offered by the respective vendors listed on this Site:
a) airlines;
b) temporary accommodation and lodging;
c) travel packages;
d) rental vehicles;
e) travel insurance; and/or;
f) event and/or attraction tickets; and/or;
2. AVS Travel will be the merchant on record in respect of the Services.
3. AVS Travel reserves the absolute discretion to change, suspend or discontinue all or any part of the Services at any time without prior notice to you.
2) Vendor
1. The vendors listed on this Side (“Vendors”) are independent contractors and not agents or employees of AVS Travel. This Site does not make any representation and should not be construed as making any recommendations or suggestions to the level of service or rating of the Vendors. AVS Travel shall not be held liable for any omissions, breach of representations, warranties, breaches or negligence of any Vendors or for any personal injuries, death, property damage or other damages or expenses as may be suffered and/or incurred by you resulting there from.
2. The products and services available through this Site are subject to the published conditions of the respective Vendor (“Vendor’s Terms”), including but not limited to the conditions of purchase and policies relating to subsequent changes, cancellation and refund. Please read the Vendor’s Terms carefully before confirming your purchase.
3. Any violation of the Vendor’s Terms may result in the cancellation of your reservation, in you being denied access to the applicable product/ services, in the forfeiture of any your monies paid for such reservation, and/or in our debiting your account for any cots we may incur as a result of such violation by you.
4. By making a booking or purchasing the product and/or services of the Vendors, you are deemed to have read, understood and agreed to be bound by the Vendor’s Terms.
3) Additional Terms
Further and in addition to the Vendor’s Terms, certain sections or pages on this Site may contain additional and/or separate terms and conditions, which are different from these Terms. In the event of a conflict, the additional and/or specific terms and conditions shall prevail for those sections or pages.
4) User’s representation & warranties
1. By using the Services offered via this Site, you hereby warrant that:
a) You are at least eighteen (18) years of age;
b) You possess the legal capacity and authority to form a binding contract;
c) You will use these Services in accordance with the Terms herein; and
d) All information supplied by you to the Site is true, accurate, current and complete.
2. You hereby agree to indemnify AVS Travel from any loss, damage, cots, expense, liability and claims which may be suffered and/or incurred by AVS Travel resulting from your use of this Site in breach of any of these Terms.
5) Permissible use and prohibited use
1. You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services rendered by the respective Vendors.
2. You shall not:
a) Use this Site for commercial purposes without AVS Travel’s permission;
b) Use the Site to make any speculative, false or fraudulent reservation or purchase and/or any purchase in anticipation of demand;
c) Take any action which may impose an unreasonable or disproportionately large load on the Site;
d) Use this Site in any manner which could damage, disable, overburden or impair or otherwise interfere with the other users’ use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware or telecommunication equipment;
e) Attempt to gain unauthorized access to this Site, other accounts, computer system, or networks connected to this Site, through hacking, password mining or any other means;
f) Deliver any unlawful postings to or through this Site, or any postings which advocate illegal activity.
g) Post anything which contain material that could be considered harmful, obscene, lewd, indecent, violent, abusive, insulting, threatening, harassing, hateful or otherwise objectionable;
h) Post anything that contain any defamatory, false or libelous material;
i) Post anything that infringes or violates any intellectual property or any other rights of any third party.
6) Intellectual Property Rights
1. The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Site are all subject to copyright and other intellectual property protection.
2. The copyright in the materials contained on this Site (including but not limited to the software, text, data , html codes and other codes on this Site) belongs to AVS Travel or its licensors. These materials may not be copied for commercial use or distribution, nor may these materials be modified, transmitted, displayed, reproduced, published, or reposted to other sites or otherwise used for any public or commercial use without the prior express written permission of AVS Travel. You may print, copy, download or temporarily store extracts from this Site for your personal use only.
3. All the trademarks, service marks and logos displayed on this Site are the registered, pending registration and/or unregistered trademarks of AVS Travel or AVS Travel’s affiliates or the respective third party proprietors as identified in the Site. Unless the express prior written consent of AVS Travel or the relevant AVS Travel’s affiliate or third party proprietor has been obtained, nothing contained on the Site shall be construed as granting any license or right for you to use, copy or modify such trademarks, service marks or logos.
7) Third party Site links
1. This Site may contain links to other sites that are independently owned, maintained or operated by third parties that are not under the control and/or supervision of AVS Travel (“Linked Sites”). The links are provided for your convenience only and shall not be interpreted as a recommendation and/or endorsement by AVS Travel of the contents of the Linked Sites and/or any products and/or services appearing on and/or provided through such Linked Sites.
2. The use of a Linked Site shall be subject to the terms of use and privacy policies stipulated by the operator of each Linked Site that you should review.
3. AVS Travel hereby expressly disclaims any responsibilities and makes no warranties (express or implied) in respect of the contents, materials, products or services posted or offered at any of the Linked Sites. Your access and use of any such Linked Sites and their content, materials, products or services is solely at your own risk. AVS Travel shall not be responsible or liable, directly or indirectly, for any loss, expense or damage suffered by you resulting from your use or reliance on such content, materials, products or services of the Linked Sites.
8) Disclaimer & Limitation of Liability
1. All contents or materials, information and functions contained on this Site are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, AVS Travel disclaims all warranties, endorsements or representations, whether express or implied, including but not limited to the following:
a) The correctness, accuracy, adequacy, reliability, completeness and usefulness of any contents, materials or information contained on this Site;
b) The merchantability, fitness for use, fitness for a particular purpose and/or non-infringement of third party rights of any contents, materials or information contained on this Site;
c) That the access to this Site will be uninterrupted or that there will be no downtime, delays, failures, errors or omissions or loss of information as this Site is transmitted to you; and
d) That no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged from accessing and/or using this Site.
To the fullest extent permitted by law, AVS Travel shall not in any manner be held responsible or liable, whether directly or indirectly, for any losses, damage or expenses as may be suffered by you resulting from or in connection with:
a) Your reliance on any of the contents, materials or information on this Site;
b) Your access or use of, or inability to access or use this Site and/or the products or services obtained through this Site;
c) Any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site.
3. In the event where AVS Travel is found to be liable to you, to the maximum extent permitted by law, AVS Travel’s liability shall be limited, at our sole option, to either of the following:
a) Resupply of the Services; or
b) payment in lieu to the cost of resupplying the Services
4. Without prejudice to the above, the total aggregate liability of AVS Travel to you, whether in contract, tort (including negligence) or otherwise for any loss or damage of any kind shall, to the maximum extent permitted by law, be limited to the maximum sum of RM5,000.00 only.
9) Reservations
1. You must check the reservation details thoroughly each time before you make a reservation.
2. AVS Travel reserves the right not to accept any user or reservation (or in some cases, cancel the reservation confirmation) at our sole discretion and for any cause without giving reasons for the rejection/ refusal/ cancellation. The causes may include but not limited to the following:
Breach of the Terms by you;
a) Suspicion of criminal activity (including but not limited to unauthorized use of a credit or debit card), fraud or theft;
b) Product/ services not being available or no longer being made available by the Vendor, or where the Vendor has provided inaccurate price and/or information relating to their products/services;
c) The provision of inaccurate, erroneous or misleading information by you;
d) Problems with credit card electronic communications, information or transactions.
3. In certain cases, additional information or verification will be requested to validate the booking. If you choose not to submit the required additional information, reservations will not be completed and will be voided.
4. Your reservations are not confirmed until you have received a confirmation email from AVS Travel and/or the relevant Vendor. The confirmation email will only be sent to you upon:
a) The complete provision of all information which are necessary for the reservation of the selected products and/or services by you; and
b) AVS Travel’s receipt of the full payment for the selected products and/or services.
10) Payment & Prices
1. All prices displayed on the Site are in Malaysian Ringgit (MYR), unless it is denoted specifically.
2. Prices shown on this Site may vary depending on the availability of the products and/or services and other factors. The Vendors may update the prices of their respective products and/or services from time to time. Available prices may also include taxes and other charges, and the respective Vendor may also impose additional charges pursuant to any special requests as may be made by you.
3. You shall be solely responsible for verifying the total costs to be paid for the selected product and/or services, and such other Vendor’s Terms as may be notified to you when the confirmation email is sent.
4. For all forms of reservation, you must payment within the stipulated time limit, failing which AVS Travel shall reserve the right to cancel your reservation.
5. Available payment methods:
a) Credit card through payment gateway: Mastercard and Visa card, in which case your use of the credit card shall also be subject to such terms and conditions as may be stipulated by the respective bank;
b) FPX online payment gateway, in which case your use of the payment gateway shall also be subject to their terms and conditions of use; and/or
c) E-wallet through payment gateway.
AVS Travel reserves the right to not accept certain credit cards, and AVS Travel can add or remove other payment methods at our sole discretion.
6. When making payment by credit card:
a) You shall ensure that you have sufficient credit on your credit card account to meet all charges for the products and/or services that you booked/ purchased through this Site.
b) For payment of bookings placed through this Site, and where AVS Travel is the merchant on record, your credit card will be billed by AVS Travel for the full price at the time of booking and confirmation of the booking. Please note that as and when any price is converted from a foreign currency to RM, your card issuer may charge a conversion fee. Your card issuer may impose a processing fee at the rate of 1.5% from the total amount of the transaction in concerned.
c) In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your card issuer immediately after realizing such unauthorized use. AVS Travel shall bear no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, and AVS Travel is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. AVS Travel shall accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own.
d) By using credit card as your method of payment, you are deemed to have authorized and/or consented to the following:
i.charge all fees incurred to the credit card designated by you;
ii. AVS Travel ’s and/or the respective Vendor ’s disclosure of your credit card details to, and/or the procurement of information from, your card issuer to verify the credit card and identification details that you have provided;
iii. The verification by AVS Travel and/or the respective Vendor that there is sufficient credit on your account to meet the fees incurred;
iv. AVS Travel supplying your billing, payment and identification information (including but not limited to personal information) to those Vendors who will be supplying the selected products and/or services to you.
11) Requests for changes, cancellation & refund
1. All requests for changes, cancellation and/or refund in respect of any reservation made via the Site shall be made to AVS Travel.
2. Any changes and/or cancellation of your reservation shall be subject to the Vendor’s Terms of the respective Vendor.
3. Some Vendors may impose certain fees for processing your request to change and/or cancel the reservation (as may be indicated in the Vendor’s Terms), and you hereby agree to pay any such fees as may be imposed by the Vendor that you incur.
4. For travel packages:
a) You are generally not allowed to make any changes and/or cancellation to the package purchased. Any change and/or cancellation of the whole or part of the package will render the initial amount paid forfeited, and you may also lose whatsoever benefit(s) that you may initially be entitled to from the original package (including but not limited to any savings made from the package).
b) In the event a Vendor were to cancel an element of a travel package, AVS Travel may at its absolute discretion either choose to cancel that particular package as a whole, or substitute it with another element which is substantially equivalent to the cancelled element. AVS Travel shall not be liable to any cancellation of a travel package by a Vendor and/or the consequences of that particular element cancellation.
5. Subject to the imposition of the Administration Fees (as defined in below at 12)), AVS Travel may assist in liaising with the respective Vendor(s) to process your request for change, cancellation and/or refund. In the event of any refund by the Vendor(s), AVS Travel reserves the right to set-off the Administration Fees and/or such other fees as may be due and owing by you to AVS Travel from the Vendor(s)’ refunds before the balance sum is remitted to you.
12) Fees
1. AVS Travel may impose the following fees upon you in the provision of the Services:
a. AVS Travel may charge a sum which to be determined as administration fees to process any of your requests for amendment, cancellation and/or refund (“Administration Fees”). Please note that this Administration Fees is not inclusive of any amendment or cancellation charges as may be imposed by the respective Vendors.
b. In the event where you require AVS Travel’s assistance in booking any of the products and/or services offered by the respective Vendor via the Site, you may be charged a booking fee for the processing of each request by AVS Travel (“Booking Fees”).
2. AVS Travel reserves the absolute discretion to:
a. revise the Administration Fees and/or Booking Fees; and/or
b. impose such other fees and at such rate as it may deem fit for the provision of the Services
from time to time. The revision of the fees and/or the imposition of any new fees by AVS Travel shall be effective upon the date of their publication on these Terms. All the request of changes/ booking will only be proceeded upon requestor’s agreement to the fees may apply.
13) Travel Requirements
1. You shall be solely responsible in ensuring that:
a) your travel documents are in order; and
b) you meet the foreign entry requirements as may be imposed by the country that you are traveling from, into, over or transiting in.
AVS Travel shall accept no liability whatsoever if you are refused entry onto the flight or into any destination due to failure on your part to carry the correct passport, visa or other documents as may be required by the relevant airline, authority or country.
2. By offering or facilitating travel to a particular destination, AVS Travel does not represent or warrant that travel to such destination is advisable or without risk, and AVS Travel shall not be liable for any injury, damages or losses that may be suffered and/or incurred by you resulting from your travel to such destinations.
14) Promotions
1. AVS Travel may offer promotions on this Site from time to time. Please note that these promotions may involve different conditions and requirements, as may be specified by AVS Travel.
2. Promo codes may be made available by AVS Travel from time to time to offer additional savings on selected product and/or service offered by selected Vendor.Promo codes are valid for the duration of the respective promotion only and only one promo code may be used for each booking. In the event where multiple promo codes are available at the same time, they are not cumulative and it is at your discretion to select the coupon code that you wish to apply.
3. Promo codes are not exchangeable for cash, non-transferable and non-refundable and AVS Travel reserves the absolute right to amend or withdraw a promo code promotion at any time without prior notice and without assigning any reason whatsoever.
15) Privacy Protection
Please refer to our privacy policy at here (https://www.avstravel.my/about-3).
16) Governing law, jurisdiction & limitation of action
1) These Terms are governed exclusively by and are to be interpreted in accordance with the laws of Malaysia. Any and all actions, disputes or controversies arising out of or in relation to these Terms and/or the use of this Site shall be submitted to the exclusive jurisdiction of the court of Malaysia.
2) You agree that you will bring any claim or cause of action arising from or relating your access or use of this Site within two (2) years from the date on which such claim or action shall arise or accrued, failing which you shall be deemed to have irrevocably waived your cause of action against AVS Travel.
17) Miscellaneous
1. AVS Travel shall not be held liable for any non-performance or violation of these Terms, or any damage or harm to users caused by act or condition beyond its reasonable control (“Force Majeure Event”). Force Majeure Event shall include but not limited to natural disaster, epidemic, riot, war, embargo, sanctions, changes in laws or regulations, civil disorder, labor strikes and so forth.
2. If any one or more of the provisions of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not be affected in any way or impaired thereby.
3. Failure by AVS Travel to enforce any provision of these Terms at any time shall not be construed as a waiver of AVS Travel’s right to enforce the breach of such provision or any other provision in these Terms, or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
4. All notices, demands or other communications required to be given or made to AVS Travel shall be made in writing and delivered by personal service, prepaid registered post or email at the address, facsimile and/or email address as set out hereunder (or to such other address and/or email address as may be notified by AVS Travel to you from time to time):
Address: 33-2, Jalan Pandan Prima 1, Dataran Pandan Prima, 55000, Kuala Lumpur.
E-mail: info@avstravel.my
Tel: +603-92005448