Terms of Service

ARTICLE 1: INTRODUCTION

1.1 Welcome to the getflying.com.my website (the “Platform”). Please read carefully the following Terms of Service before using/entering this Platform or opening the Getflying member or user account (“Account”). Terms of Service and all other Terms and Conditions and policies applicable to the use of the Platform and/or the Services (jointly referred to as “Terms and Conditions”). These Terms and Conditions govern your access and use of the Platform, Account and the use of any Services, Information and Functions made available by us at the Platform (“Getflying Services”). By entering the Platform and/or using the Getflying Services, you read, agreed to be obligated and accept all of the Terms and Conditions in and linked to these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy. So that you are informed of your legal rights and obligations with respect to Greenie Ventures (Registration No: PG0511171-K) is a business incorporated under the Registration of Business Act, 1956 of Malaysia, collectively (“Getflying”, “we”, “us” or “our”).

1.2 The present Terms of Service shall cover only Platform use and for reservations (including successful deposit payment and/or reservation fee) (referred to as “Deposit transaction”) and/or concluding a successful booking transaction of full payment (referred to as “Full payment transaction”) for any tour packages and/or activities and/or related services (the “Service(s)”) by Users and shall not apply to the performance, services and content or itinerary of the said related Service(s) provided by the Operator.

1.2.1 A successful deposit payment and/or reservation fee, referred to as “Deposit transaction” known collectively (“Reservation confirmation”) and/or concluding a successful booking transaction of full payment, referred to as “Full payment transaction” known collectively (“Booking confirmation”)

ARTICLE 2: SERVICE DESCRIPTION

2.1.1 The Platform is an e-commerce market place services. Getflying offers, through the Platform, provides a technical service linking Users and Vendors (“Operators”). The technical service includes handling reservations, payments, refunds/cancellations on behalf of Operators and providing first line of support for Users.

2.1.2 These Platform provides a place and opportunity for operators to promote and sell respective tour packages and/or activities and/or related services (collectively the “Service(s)”) for reservations (including successful deposit payment and/or reservation fee) (referred to as “Deposit transaction”) and/or concluding a successful booking transaction of full payment (referred to as “Full payment transaction” for a specific Service(s) between the Users and the Operators (collectively “You”, “Buyers” or “Parties”). The Service(s) are independently created, offered and carried out by the Operators at their own discretion and responsibility. Getflying is solely acting as a commercial agent for the Operators. Getflying is not an Operator, nor a provider of tour packages and/or activities and/or related service(s) nor a representative or proxy of an Operator nor an insurer. Getflying does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services or activities or related services and does not act as an agent to the Users.

2.1.3 The actual contract for sale is directly between the end User and the Operator (“Contract”). Contracts concluded between Operators and Platform end users who entered into a successful deposit transaction or full payment transaction (as defined hereafter) with Operator through the Platform (the “Customers”). Customers may or may not be a “Traveller and/or a Participant”. The “Traveller and/or Participant shall also be understood as physical persons registered for a Tour and/or Activities and/or related services respectively through the Platform.  

2.1.4 The Contract shall be deemed formed upon acceptance by an Operator of a Customer’s deposit transaction or full payment transaction for a specific Service(s) between the Customers and the Operator. Getflying is not a party to that or any other contract or transaction between Customer and Operator and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of Service(s), manage bookings for its Service(s) and the like.

2.1.5 Getflying in their sole discretion may pre-screen parties or the Content or information provided by Parties (but no obligation to), Getflying reserves the right to refuse, delete, stop, suspend, remove or move any Content or information posted by Parties on the platform in accordance to Article 4.1.2 herein. Getflying cannot ensure that Customers will actually complete a transaction.

2.1.6 Operators are in the business of providing tour packages and/or activities and related services (the “Service(s)”) may promote and sell the said Service(s) through the Platform under its own name and trademark. Noting that the name of an Operator is at all times presented in full transparency on the Platform.

2.1.7 Operators shall be solely responsible, with regard to Customers, for the performance and content of the Service(s) and/or itinerary provided for in the Contract, as Getflying shall assume no responsibility in this regard. Any information made available on the Platform in connection with the Service(s) including photographs, drawings, appearance by Operator through various ways of communication are not legal and for information purposes only. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim based on any such representations, such description is accurate, current or free from error or information so provided. Similarly, Getflying shall not be responsible in any manner for a Customer’s behavior with regard to an Operator.

2.1.8 Under unforeseen circumstances, the Operator may have the rights to amend the Service(s) content and/or itinerary nor to cancel the Service(s) provided in the Platform as and when is necessary with prior approval from Getflying as per Article 12.3 herein.

2.1.9 Any applicable sales and services tax, airport tax, airline surcharges, value added tax or any other related taxes, miscellaneous chargers, visa/permit fees or related visa/permit service chargers and etc subject to changes at any time and can also refer to Article 12.1 herein.

2.2 Any typographical / clerical error or omission in any quotation, invoice or other document or other error or information issued by Getflying in its platform shall be subject to correction without any liability on the part of Getflying.

ARTICLE 3: MODIFICATIONS

3.1 Platform and/or Getflying Services Modifications.

3.1.1 Getflying reserves the right to modify, change, add, suspend or discontinue all or any part of this Platform or the Getflying Services at any time or upon notice as required by local laws. Getflying may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances.

3.2 Terms of Service and/or Terms and Conditions Modifications.

3.2.1 Getflying reserves the right, to modify, change, add, or remove portions of these Terms of Service and/or Terms and Conditions at any time. Changes

will be immediately effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform, also refer to Article 1.

ARTICLE 4: PROPERTY

4.1 Rights to the Platform

4.1.1 The Platform and/or the Getflying Services and the data they contain are protected by intellectual property law.

4.1.2 Getflying hereby grants the User, without valuable consideration, a personal, non-exclusive, non-transferable and revocable license to use the Platform and/or Getflying Services, subject to these Terms and Conditions, for the purpose of tour packages and/or activities and related services (the “Service(s)”) for concluding a successful “deposit transaction” or a “full payment transaction” for a specific Service(s) between the Users or Customers and the Operator on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you.

4.1.3 Content provided on this Platform is for informational / certain functional and/or full functionality purposes. You must not use any part of the content on our Platform for commercial purposes without obtaining a written authorization or license to do so from us and our Operators. Tour packages and/or activities and related services representations expressed on this Platform are those of the Operator and are not made by Getflying. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

4.1.4 The terms hereof shall be supplemented and clarified in the license terms included in the contract pursuant which the User is bound to the Platform.

4.1.5 Users shall, when browsing the Platform and/or using the Getflying Services, comply with applicable regulations and law, refer to Article 5 herein. Shall be liable, with respect to Getflying, should they not respect these Terms and Conditions.

4.1.6 The intellectual property rights to the documents and all data of any kind contained in the Platform and/or the Getflying Services and in particular to each of the elements composing the Platform and/or the Getflying Services (images, animated or not; illustrations; photographs; sounds; know-how; architecture; texts; graphic items; etc.), including the software and databases shall be Getflying’s and its parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees or others and/or the hosting company and/or Operators’ exclusive property (hereinafter the “Protected Elements”).

4.1.7 Getflying shall not grant any license to all or part of the Protected Elements or any right other than that to view the Platform and use of the Getflying Services.

4.1.8 Any reproduction, print, copy or download any part of our Platform and/or Protected Elements without prior written consent from us, will be in breach of these Terms and Conditions shall be prohibited and your right to use our Platform will cease immediately. You must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, sell, assign, sub-license, transfer, disassemble or create derivative works based on any software or accompanying documentation supplied by Getflying or its licensors in any manner whatsoever and any rights regarding Protected Elements. It is also prohibited to

• modify all or part of the Protected Elements in order, in particular, to obtain unauthorized access to the Service or access the Platform by means other than the User interface provided by us for this purpose;
• access or use the Protected Elements diverting the Platform’s purpose, principles, or terms of service whether directly or indirectly.

4.2 Rights Regarding Distinctive Signs / Trademarks / Copyrights

4.2.1 All brands, logos, and other distinctive signs appearing on the Platform and/or Service, including domain names, shall be Getflying and/or its Operators’ exclusive property.

4.2.2 Any use, in any manner whatsoever, of said brands and/or logos and/or any other distinctive sign shall be subject to prior written authorization from Getflying or its Operators or other partners holding the relevant rights.

4.2.3 Users hereby acknowledge Getflying and its Operators’ rights regarding said distinctive signs and shall refrain from any use thereof and more generally infringing Getflying and its Operators’ intellectual property rights. Any infringements, shall not refrain Getflying from taking any relevant legal action.

4.2.4 Users hereby acknowledge that any violation of such rights would constitute a prejudice for Getflying and/or Operators and/or other partners, in particular in terms of damage to their image. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

ARTICLE 5: USER’S RESPONSIBILITIES AND COMMITMENTS

5.1 COMPLIENCE WITH LAWS AND REGULATIONS

5.1.1 Users shall use the Platform and the Getflying Services respecting the rights of third parties and with respect and courtesy with regard to the rights of Getflying and the Operators.

5.1.2 Users shall, when browsing the Platform and using the Getflying Services, comply with applicable regulations.

In particular, Users shall:

• not use the Platform and/or Getflying Services to receive services that contravene applicable regulations;
• not slander, insult, or denigrate a physical or legal person;
• not create user accounts with fictional identities; not falsify their own identity;
• not harm others by using the Platform and/or the Getflying Services, and in particular not steal the identity of a third party, and not, more generally, use third party’s data;
• not use the contact information obtained through the Platform and/or the Getflying Services in order to disseminate unsolicited or unauthorized mail regardless of the form of communication or solicitation;
• not use the contact information obtained through the Platform and/or the Getflying Services to disseminate computer viruses or similar threats;
• not harm Getflying reputation or brand image;
• not disrupt or allow interruption on the Platform;
• not harm or attempt to harm the services provided by its parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees or others and in particular the hosting company, including, non-exhaustively, exposing the platform to a virus, creating saturation, flooding the server, or saturating the messaging system with e-mails;
• not access or attempt to access data not intended for Users or enter or attempt to enter any part of the server hosting the Platform, in a private User space, and/or access or attempt to access all or part of the data Users are not authorized to access;
• not probe, scan, or test a system’s or network’s vulnerability, or breach the Platform’s or all or part of a Getflying Service’s security or authentication measures, or attempt to illicitly access the networks and systems connected to the Platform;
• not upload to the Platform, display, or send by e-mail or any other means, any element containing software viruses or other codes, files, or computer programs designed for or with the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or any telecommunications equipment.

5.1.3 Users agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. Users hereby acknowledge that the terms hereof bind them to the Platform. In this regard, Users shall comply with these Terms and Conditions and shall be liable, with respect to Getflying, should they not respect these terms.

5.2 RESPONSIBILITY AND OBLIGATIONS RELATED TO RESERVATIONS & BOOKINGS

5.2.1 Responsibilities and obligations relating to tour packages and/or activities and related services, (collectively the “Service(s)”), Customers and Participants shall:

• ensure they fulfill the necessary conditions, where appropriate, mentioned in the tour packages and/or activities and related services description (physical condition, certificate, practice level, license, etc.) before reserving the Service(s); otherwise the Operator may refuse the Customer’s or Participant’s or Traveler’s access to the Service(s) without reimbursement;
• An international passport or other recognized travel documents which should be valid for at least 6 months from the date of return to country of origin;
• the necessary visa and vaccination and heath certificates as required by the various authorities of the countries to be visited.
• ensure the accuracy of the information provided for the Service(s) reservation or booking with the Operator; otherwise, the Operator may refuse access to the Service(s);
• strictly comply with the Operator’s instructions and rules, before, during, and after performing the Service(s), in particular with all rules and instructions providing for ensuring the Service(s) takes place under optimally safe conditions;
• arrive on-time at the place provided and indicated on the reservation summary/itinerary. Being late more than the stipulated time by the Operator for a specific Service(s) may result in reservation/booking cancellation as per the Operator’s terms and conditions for the said Service(s) and indicated on the reservation/booking summary or itinerary.

5.2.2 It is hereby specified that any Service(s) performed outside or alongside the reserved Service(s) shall not be under the Operator’s or Getflying’s responsibility.

5.2.3 It is also hereby specified that Getflying does not have the technical means of verifying whether a Customer or Participant or Traveler has the physical condition, experience, license, certificate, or level sufficient to perform a Service(s).

5.2.4 As such, it is hereby expressly specified that Customers and/or Participants and/or Travelers shall reserve and participate in Service(s) under their own responsibility, taking into consideration their level, physical condition, experience, limits, and the risks inherent especially in taking part in a “risky” and/or sporting Service(s).

5.2.5 Customers are hereby informed of the obligation, for themselves and all travelers and/or participants, of being correctly insured before performing the tour packages and/or activities and/or related service(s) and also encouraged to buy travel insurance or personal accident insurance to safeguard themselves against any accidents, sickness, loss of money, cancellation or flight delays, or loss of baggage and any other coverage as per the individual policy. 

5.2.6 To this end, neither Operators nor Getflying shall be held liable for injuries, accidents, or deaths while performing a Service(s).

5.3 Users shall hold Getflying harmless against it resulting, directly or indirectly, from the User’s use of the Platform or Getflying services;

Users and/or Customers shall reimburse Getflying all sums it may be called upon to outlay in such a situation, whether following a legal decision or under the framework of a transaction.

ARTICLE 6: USER COMMENTS & SUBMISSIONS

6.1 You grant Getflying a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including questions, reviews, comments, and suggestions (collectively, “Submissions”).

6.2 When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

6.3 Users hereby grant to us all intellectual property rights to the Submission required and sufficient to allow Getflying to publish online and disseminate all or part of the Submission on the Platform.

6.4 The rights ceded in this regard shall include, in particular: reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types. Said rights shall be granted without valuable consideration, for the entire world and for the duration of the Submission protection by intellectual property laws and authorize publication online by means of any technical process, known or future.

6.5 Users hereby guarantee they hold sufficient property rights to the Submission to authorize such online publication and shall bear sole responsibility regarding the Submission’s legal compliance. In this regard, Users shall ensure the Submission published online does not infringe upon third party rights, in particular intellectual property rights.

6.6 Users shall refrain from including any elements of a political or religious nature, or with sexual connotation in their Submission.

6.7 Getflying hereby reserves the right to contact a User if verification of a Submission is needed.

6.8 Users shall hold Getflying harmless against any claims or legal actions related to publishing the Submission on the Platform.

6.9 Getflying reserves the right to delete any reviews or comments and/or Submission not in compliance with the above principles. In cases of breach of the principles mentioned above, and after applying the procedures applicable to such breaches, Getflying may suspend or terminate the account of any User committing such breaches.

ARTICLE 7: CONSEQUENCES OF NON COMPLIANCE WITH THE TERMS OF SERVICE

7.1 Getflying reserves the right, in cases of non-compliance by a User with one of the obligations mentioned in our Terms of Service and/or Terms and Conditions herein, to impose limits on certain features or restrict your access to parts of, or the entire, Platform or Getflying Services in its sole discretion and without notice or liability.

7.2 Getflying reserves the right to suspend or exclude the User to access to the Platform or Getflying Services or to allow you to open an Account for any reason. Violations of this policy may result in a range of actions, including, without

limitation, any or all of the following; Criminal charges, Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

ARTICLE 8: SERVICE ACCESS AND IDENTIFICATION

8.1 All and/or certain Getflying Services and related features that may be made available on the Platform may require registration or subscription into our Getflying members account (“Account”). Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.

8.2 Certain information regarding the physical condition, level, certification, license or other related documents and etc. of the Customer and/or Participants and/or Travelers may require by the Operator for the related Service(s) offered which will be requested directly from the Operator to the Customer via email or any other medium of communication.

8.3 In accordance to 8.2 herein, Operator can request even after the completion of reservation confirmation or booking confirmation for a specific Service(s) between the Customers and the Operator. 

8.4 Users wishing for a reservation or booking transaction for a specific Service(s) must create an Account or log in to their Account if it has already been created. Account access is accomplished using a user login and password. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure.

8.5 The account owner is entirely responsible for all activities that occur under such password or account. You must also notify us of any unauthorized use of your password or account. Getflying shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

8.6 Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you, also refer to Article 5.2&5.3 herein.

8.7 If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Getflying Services for any reason, Getflying may terminate your Account immediately with or without notice. deny your access to and use of this Platform and/or Getflying Services in whole or in part, also refer to Article 7 herein. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. Getflying shall not be liable to you or to any other person as a result of any such suspension or termination.

8.8 The account owner or User may terminate their Account or they can notify Getflying in writing by emailing at [email protected] of their desire to do so. Notwithstanding any such termination, the account owner or User and/or Customers remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the Service(s), or the like, and the account owner or Users and/or Customers must contact Getflying after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions. Getflying shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Getflying.

8.9 If you are dissatisfied with the Platform and/or Getflying Services or with any Terms of Service and/or Terms and Conditions, rules, policies, guidelines, or practices of Getflying in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Getflying Services.

ARTICLE 9: RESERVATION & BOOKING POLICY

9.1.1 There are 2 methods of policy either (i) by only reserving a related Service(s) known as Reservation Policy or (ii) by completing the full booking procedure for a related Service(s) known as Booking Policy. Both policy to be referred to Article 9.2 and 9.3 herein.

9.1.2 The policy method for a related Service(s) is determined by an Operator and/or Getflying and reserves the right to do at any time, at our sole discretion, not liable to the Customer or any third party.

9.2 RESERVATION POLICY

9.2.1 The Customer may do the reservation by concluding a successful deposit payment and/or reservation fee) (referred to as “Deposit transaction”) known collectively (“Reservation confirmation”) per person as stipulated by the particular Operator for a specific Services(s) provided. The Contract shall be deemed formed upon receiving of the booking order and reservation confirmation of a Customer’s successfully.

The balance payment of the total cost must be made to the Operator via Getflying using the secured payment system within the date stipulated by the Operator for a specific Service(s).

9.2.2 Only after successful transaction of the balance payment of the total cost, the said Service(s) booking confirmation and/or booking transaction is confirmed and completed. The current Operators terms and conditions may apply. 

9.3 BOOKING POLICY

9.3.1 The Customer may do the booking confirmation by concluding a successful booking transaction of full payment of the total cost (referred to as “Full payment transaction”) known collectively (“Booking confirmation”) between the Customer and the Operator for a specific Service(s). The Contract shall be deemed formed upon receiving of the booking order and booking confirmation of a Customer successfully, considered the booking is confirmed and completed. The current Operators terms and conditions may apply.

9.4 The Customer may do the reservation confirmation or booking confirmation by completing and submitting the Booking order form (“Booking Order”) on the Platform for the Services(s) provided by the Operator. The Services(s) are reserved directly with the respective Operator.

9.5 The Customer shall provide certain information including, where appropriate, information regarding the physical condition, level, certification,

license or other related documents for themselves including any Travelers and/or Participants reserved under them to the Operator and be responsible for ensuring the accuracy in the Booking Order and must create an Account or log in to their own Account if it has already been created prior to submitting a Booking Order, refer to Article 8 herein.

9.6 The Customer shall provide credit card or banking details or the various payment methods made available on the Platform in order to setup a payment pre-authorization or payment transaction using the secure payment system, refer to Article 11 herein.

9.7 The Operator shall be automatically informed of the Booking Order and reservation confirmation or booking confirmation (by e-mail, text message, telephone, or through the Getflying back office

9.8 The Contract shall be deemed formed upon receiving of a Customer’s booking order and reservation or booking confirmation for a specific Service(s). As soon as the reservation or booking confirmation is completed the amount corresponding to the Service(s) debited in accordance with the payment method made by the Customer and receives a reservation confirmation or booking confirmation (with a reservation summary/booking summary, payment details and other related details) via email and any balance of the full payment for reservation must be made within the date stipulated by the Operator. Operator will issue an invoice to Customer through Getflying within 3 to 5 working days upon receiving the Booking Order and reservation or booking confirmation for only specific Service(s). Operator shall issue receipt to Customer on request.

9.9 The Customer undertakes to check all contractual documents transmitted by means of the Getflying Services (e.g. booking confirmation, reservation confirmation, vouchers (if any), reservation/booking summary, payment details and other related details) for factual correctness and completeness (spelling mistakes, e.g. name, date of birth, special travel requirements) and to report any recognizable errors or defects to Getflying immediately.

9.10 The Customer, or one of the Participants or Travelers, must remit the Booking Confirmation and/or booking summary to the Operator when the Service(s) begins.

9.11 It is the responsibility of the Customer or Participants or Travelers to be in possession of a valid travel identification along with any necessary visa at the time of the travel or tour or activities or any related services. The Customer or Participants or Travelers is also responsible for compliance with applicable health requirements and recommended or obligatory vaccinations.

9.12 Customer or Participants or Travelers with restricted mobility, pregnant and who require special medical care must inform Operator of their special needs at least 48 hours before the start of the Service(s). Special requests by the Customer are non-binding, as long as they have not been confirmed by the Operator. Getflying may assist to forward special requests and inquiries of the Customers to the Operator. A binding performance commitment however is only available upon confirmation by the respective Operator.

9.13 Users who make a reservation or booking for themselves or on behalf of fellow travelers and/or participants through the Platform are deemed to be the customer and, in the absence of any other declaration, accept the obligations arising out of their use of the Platform under these Terms and Conditions. By using the Getflying Services for himself or others, the Customer agrees to inform those others of these Terms and Conditions. The Customer accepts that he is responsible for all reservations made by anyone under his control. The Customer guarantees that all information that he provides directly or indirectly through fellow travelers and/or participants is true, complete and accurate and that the Customer is not an unaccompanied minor. Any exploratory, manipulative, speculative, false or fraudulent reservation (inquiry) is prohibited without restriction.

9.14 The Customer hereby acknowledges having been informed and accepts under unforeseen circumstances due to poor weather conditions or force majeure or other events beyond its control or subject to the latter’s availability, the Operator may have the rights to amend the Service(s) content and/or itinerary nor to cancel the Service(s) provided in the Platform as and when is necessary even after the issuance of reservation and/or booking confirmation with prior approval from Getflying. Which the Operator and/or Getflying reserves the right to do at any time, at our sole discretion, not liable

to the Customer or any third party by not giving any reason. Any payment amount paid will be reimbursed to the Customer as per the terms and conditions applicable for a Service(s) cancellation by the Operator shall apply, refer to Article 12.3 herein

9.15 The Customer must immediately report any perceived breach of contract, so that the respective Operator can be put in a position to quickly remedy any non-conformity which can be addressed with reasonable effort. The Customer is advised to file any complaints in writing to notify Getflying by emailing at [email protected]

If the Customer fails to report a lack of conformity, it can be prejudicial to the Customer. The mere report of a lack of conformity alone does not trigger any legal obligations on the side of Getflying or the Operator.

ARTICLE 10: PRICING

10.1 Getflying and/or Operator may make best effort to ensure that all details, description, itinerary and prices of the Service(s) provided by the Operator stated on the Platform are accurate at the time which the Customer places and completes the Booking Order on the Platform.

10.2 The prices are subject to changes due to increase in airfare, other transportation cost, hotel rates, exchange rates, government tax, other related taxes, etc. Therefore, Getflying reserves the right to increase the prices on condition that the Operator shall inform the Customer with prior approval from Getflying of such situations immediately before the booking confirmation in accordance to 10.2.1 herein. Any changes of prices after issuance of booking confirmation, 10.2.2 herein may apply.

10.2.1 Before issuance of the booking confirmation, Getflying will inform the Customer at the soonest and give the option of reconfirming the booking order and/or reservation confirmation at the correct price. Should the Customer refuse said offer, Getflying will assist on cancelling the booking order and/or

reservation confirmation and Operator via Getflying will immediately initiate a full refund process (full reimbursement).

10.2.2 After issuance of the booking confirmation, Getflying under no obligation to fulfill the booking confirmation if the prices listed on the Platform is incorrect or inaccurate or needed correction by the Operator due to technicality or any other unintentional faulty, then the Customers will be informed or if not contactable, either way we will treat the booking confirmation as cancelled and payment amount paid will be fully reimbursed to the Customer by the Operator via Getflying.

10.3 The prices of a particular Service(s) provided shall be determined by the Operators at his/her own discretion before listing in the Platform. Operator should include any applicable sales and services tax, value added tax or any other related taxes in the listing price listed in the platform. Other chargers such as airport tax, airline surcharges, miscellaneous chargers, visa/permit fees or related visa/permit service chargers etc. which the Customer shall be liable to pay to Getflying in addition to the listed prices are clearly displayed and included in the final ‘total amount to pay’ (referred to as “Total Cost”).

10.4 It is hereby specified that a particular Service(s) provided by Operator, unless stated otherwise, do not include other chargers such as personal accident insurance or travel insurance fees or etc.

10.5 All prices listed in the Platform are in Malaysian ringgit only.

ARTICLE 11: PAYMENT

11.1 Type of payment transaction offered for a specific Service(s) is determined by the Operator and/or Getflying, and reserves the right to do at any time, at our sole discretion, not liable to the Customer or any third party.

11.2 The types of payment transaction are as per the reservation and booking policy, also to be referred to Article 9 herein. The 2 types of payment transaction as per below;

11.2.1 Deposit Transaction

(a) The Customer may do the reservation policy by concluding a successful deposit payment and/or reservation fee) (referred to as “Deposit transaction”)  per person as stipulated by the particular Operator for a specific Services(s) provided. The balance of the full payment must be made within the date stipulated by the Operator for a specific Service(s).

11.2.2 Full payment Transaction

(a) The Customer may do the booking policy by concluding a successful booking transaction of full payment of the total cost (referred to as “Full payment transaction”) between the Customer and the Operator for a specific Service(s).

11.3 The Customer may do the payment transaction to the Operator for a specific Service(s) provided via Getflying using the secured third-party payment system provided in the platform. All payments shall be made to Getflying, as Getflying facilitates the payment for and on behalf of the Operator (Getflying never acts nor operates as the merchant of record). Getflying shall not be held responsible for any losses which may arise from payments made directly to the Operator or through payment methods apart from the available payment methods on the Platform.

11.4 The Customer shall be entitled to make payment transactions using the various payment methods made available on the Platform. Similarly, Customer can pay all or part of the booking transaction using the Getflying Promotional Voucher by entering the valid voucher code at the check-out page before payment, as per Article 13 herein.

11.5 The terms and conditions applicable to each type of payment method, as prescribed by Getflying on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

11.5.1 Credit Card

(a) Credit card payment option is available for all Customers. Getflying via secured third-party payment channels accepts all primary credit cards such as Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). Also accepts other global cards such as China UnionPay. All credit card information of the Customers is protected by industry leading encryption standards.

(b)Please take note that additional charges may be incurred if Customer is using a non-Malaysian issued card due to foreign exchange rates.

(c) Credit Card payments are processed through secured third-party payment channels and the type of credit cards accepted by these payment channel may vary depending on the jurisdiction you are in.

11.5.2 Debit Cards

(a) Getflying via secured third-party payment channels accepts all Malaysian issued primary debit cards such as Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

11.5.3 Online Banking

(a) Getflying via secured third-party payment channel only accept an online bank transfer by Licensed Financial institution in Malaysia but the accepted financial institution may also vary depending on the third-party payment channel in the platform that allows customers to complete transactions online using their bank credentials. Accepts FPX: A common online banking method for Malaysian users.

11.5.4 Wallets (e-wallet)

(a) Customers can use wallets (e-wallets) to pay online with a saved card or a digital wallet balance.

(b) Getflying via secured third-party payment channel accepts Grabpay, Boost and Touch ‘n Go. The acceptance of this wallets may also vary depending on the third-party payment channel in the platform and depending on the jurisdiction you are in.

(c) Customers confirm the transaction by authenticating their wallet credentials at checkout. If using mobile, they can authenticate with fingerprint or face recognition, their mobile passcode, or by logging into their wallet app. On the web, they can also scan a QR code with their mobile phone to complete the transaction.

11.6 All payment transactions must be payable in Ringgit Malaysia (MYR).

11.7 Upon authorisation of the payment by the Customer, it acknowledges that the Customer is confirming the credit/debit card belongs to you or that you are the legitimate holder of the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Service(s).

11.8 Customer acknowledge that Getflying is entitled to collect all type of payments which applicable from Customer on behalf of the Operators. The payment made will be held by Getflying for a period of time as defined in the Operator Cooperation Agreement for Getflying. Operator will not receive interest or other earnings from the sum paid to Getflying.

11.9 Customer may not claim against Operator including Getflying, for any failure, disruption or error in connection with the Customer’s chosen payment method. Getflying reserves the right at any time to modify or discontinue, temporarily or permanently, may refuse any of this payment method to any Customer or any user without notice or giving any reason.

11.10 Customer shall have the option to cancel the deposit transaction and/or the full payment transaction prior to clicking the “Place Order’ button at the Getflying check out page, then without prejudice to any other right or remedy available, Getflying shall be entitled to cancel the Contract.

11.11 The processing of refund for each type of payment method may take time and it is subject to the payment provider internal processing timeline.

11.12 Operator will issue an invoice or a confirmation order to Customer via email within 5 to 7 working days upon receiving the Booking Order and deposit and/or full payment transaction for only specific Service(s). Operator shall issue receipt to Customer on request.

ARTICLE 12: CANCELLATION AND REFUND

12.1 RESERVATION OR BOOKING MODIFICATION

12.1.1 Customers may request a reservation or booking modification and in particular a change in the scheduled date for a related Service(s) if such modification is possible in accordance to the Operator’s general terms and conditions for that particular Service(s).

12.1.2 All requests for modifications must be made by the Customer connecting to their Getflying members account (“Account”) on the platform or contacting Getflying directly at: [email protected]                                                                                                         Getflying shall contact the relevant Operator in order to attempt to negotiate such modification with the latter on behalf of the Customer.

12.1.3 Should the modification request be accepted by the Operator, a new reservation summary or booking summary shall be issued and sent to the Customer mentioning the modified characteristics or changes and by maintaining the same reservation confirmation or booking confirmation, where appropriate, Getflying shall proceed with the payment or refund resulting from the new reservation/booking, on behalf of the Operator. Customer shall indemnify Getflying in full against all loss (including loss of profit), costs, damages, chargers and expenses incurred by Operator and/or Getflying as a result of the modification.

12.1.4 It is hereby specified that Operators shall not be required to accept a reservation/booking modification request. Such requests, if accepted, Customers may be subjected to amendment fees or other related fees according to the Operator’s general terms and conditions for that particular Service(s).

12.1.5 Should the modification request be refused or rejected by the Operator, Customers wishing to maintain their request must implement the cancellation procedure described hereinafter.

12.1.6 Any applicable sales and services tax, airport tax, airline surcharges, value added tax or any other related taxes, miscellaneous chargers, visa/permit fees or related visa/permit service chargers and etc. subject to changes at any time but Operator has the obligation to inform Getflying and the Customer in advance. Customer has the rights to accept or opt for refund and/or cancellation as per terms and conditions applicable for a Service(s) by the individual Operator shall apply.

12.2 CANCELLATION BY THE CUSTOMER

12.2.1 The modalities for cancellation by the Customer, as well as the resulting fees are listed, for each Service(s), cancellation and refund policy included in the description of the said Service(s). Getflying ability to refund for a particular Service(s) is strictly governed by the provisions of the applicable Getflying Cancellation and Refund Policy herein and as per the terms and conditions applicable for a Service(s) by the individual Operator shall apply, in particular to the non-refundable fees (eg. visa/permit/tickets/taxes/etc), processing bank or payment provider fees, Airline’s or other mode of transportation terms and conditions and etc (if) imposed shall be borne by the Customer.

(Note: The airline ticket is restricted and subject to the Airline’s Terms and Conditions. It may be non-endurable, non-reissue able, non-refundable, non-reroute able. Any alteration in routing or change of date of travel by Customer is solely at his own risk)

12.2.2 Customer shall have the option to cancel the reservation request (“Deposit transaction”) and/or the booking request (“Full payment transaction’) by the Customer connecting to their Account on the platform or contacting Getflying directly at: [email protected] The payment preauthorization shall be canceled and/or all amounts collected through another payment method will be refunded as per the deposit or full payment transaction and/or less of all cost associated with the refund process as per 12.2.1 above.

12.2.3 The process of any refund may take time and it is subject to the payment provider internal processing timeline.

12.2.4 A customer and/or participant and/or a traveler no-show on the day scheduled for the reserved/booked Service(s) shall be handled as a last-minute cancellation and shall not give right to reimbursement.

12.3 CANCELLATION BY THE OPERATOR

12.3.1 The Operator may cancel the Service(s) if circumstances beyond its control make the Service(s) performance impossible or dangerous, such as poor weather conditions and force majeure. Operators shall inform the Customer and Getflying of such situations immediately. Where appropriate, the Operator may offer the Customer a change in the date selected for the Service(s) performance or another similar Service(s). Should the Customer refuse said offer, the terms and conditions applicable for a Service(s) cancellation by the Operator shall apply, and the Customer may claim full refund as per the reservation confirmation or booking confirmation price less the administrative fee chargeable and any non-refundable fees (if any), excluding any indemnities.

12.3.2 It is hereby noted that generally speaking, the Service(s) proposed by the Operators on the Platform are subject to the latter’s availability. No request for compensation may be formed should an Operator not be available for the particular Service(s), whether such request is addressed to the Operator or Getflying. Operator shall inform the Customer with prior approval from Getflying of such situations immediately or as soon as practically possible for a Service(s) cancellation before the agreed Service(s) starting date. Where appropriate, the Operator may offer the Customer a change in the date selected for the Service(s) performance or another similar Service(s). Should the Customer refuse said offer, Operator via Getflying will immediately initiate a full refund process (full reimbursement) as per the reservation confirmation or booking confirmation to the Customer, excluding any indemnities.

12.3.3 The refund process shall be made without undue delay from the time information is received from the Operator regarding the cancellation before the agreed Service(s) starting date. Said refund shall be made by the Operator through Getflying. 

12.3.4 No request for compensation may be formed should the operator may require to change or cancel the ongoing tour or activity or related services (“Service(s)”) performance or content or itinerary provided for in the Contract (example changes/cancellation in activity, sightseeing tours, hotels, route and etc.) and make alternative arrangements subject to local conditions for the particular Service(s) provided due to circumstances beyond its control make the Service(s) performance impossible or dangerous, such as poor weather conditions, force majeure, due to flight schedule changes or local conditions and etc.

12.3.5 The Operator reserves the right to cancel or withdraw any Service(s) performance or content or itinerary made in the Contract for a Customer or decline to accept or retain any Customer or traveler and/or participant if he is likely to endanger the health or safety, or impair the comfort or enjoyment of other members in a related Service(s). May also be refused for any other reasons by any carrier, hotel or other contractors. If any of such events, the Operator in its sole discretion may refund to the particular customer or traveler and/or participant any paid amount, less the amounts for services already utilized, and the administration and cancellation fees.

12.4 In the event of a booking modification or cancellation of booking request and/or booking confirmation, the Getflying promotional voucher used for part of the booking transaction for a specific Service(s) will not be refunded the value of the promotional voucher. However, the portion Customer paid partly using their own fund will be refunded as per 12.2 herein.

12.5 No refund or reduction will be made to the Customer in respect of any services provided by an Operator for a related Service(s) (example airfare, accommodation, meals, sightseeing tours, transport, activity or any other services) which is included in the total cost but not utilized by the customer or fellow travelers and/or participants due to personal reasons.

12.6 The Operator shall not be held responsible or liable for any expenses, reimbursement or refund of the reservation confirmation or booking confirmation price if any of the traveler and/or participant is refused entry or deported by immigration authorities resulting the possession of unlawful items or holding improper travel documents or other causes, or whose behavior and activities are considered to be detrimental by a foreign government.

12.7 For any reason, the application for visa or necessary exit permit is rejected, a refund may apply of the reservation confirmation or booking confirmation price less administrative fees.

12.8 The processing of refund timeline is depending on the type of payment method made by the Customer for a particular payment transaction (example; using credit card/debit card or online bank transfer or digital wallets) and each type of payment method may take time and it is subject to the payment provider internal processing timeline.

12.9 Getflying reserve the right to modify the mechanism of processing refunds at any time without notice. and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result of the refund process.

ARTICLE 13: VOUCHERS

13.1 The Users or Customers may use the Getflying Promotional Voucher (“Promo Voucher”) collectively refer to as (“Vouchers”) for reservation or booking confirmation by concluding a deposit or full payment transaction for a specific Service(s).

13.2 The following terms and conditions may apply to the redemption and use of Vouchers:

1. Vouchers are only applicable on the Platform and for a specific Service(s) mentioned at the Service(s) listing page or check-out page before payment.

2. A valid Voucher Code must be entered accordingly at the check-out page before payment in order to redeem a Voucher.

3. The Users or Customers may redeem and/or use only ONE Voucher per transaction and based on individual Vouchers terms and condition pursuant to Article 15.4 herein.

4. Getflying reserves the right to cancel or modify any Service(s)even after Customer receiving the Booking Confirmation or rights to close your Account or revoke the use of the Vouchers for any reason and will not be responsible for any losses arising therefrom, including the following circumstances:

(a) suspicious or fraudulent transaction of sales or Vouchers use on the Platform;

(b) Vouchers abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Vouchers used in bad faith (including resold Vouchers or use of Vouchers by customers booking a specific Service(s) in the platform for the purpose of reselling.

7. Getflying will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate Customers for:

(a) improper use of, or inability to redeem, Vouchers; or

(b) discontinued or cancelled Vouchers.

8. To redeem or check existing Vouchers in your Account, please visit Getflying members account (“Account”) on the Platform and/or users registered email address. Getflying accept no liability for errors in the email address of the voucher recipient.

13.4 Type of Vouchers, terms and conditions mentioned are subject to changes as a sole discretion of Getflying:

13.4 .1 (Reserved)

13.4.2

Promotional Voucher;

(a) Promotional Voucher also known as “Promo Voucher”

(b) From time to time Getflying may in its sole discretion distribute or publish promo vouchers that may be used only on the Platform for a specific Service(s) mentioned.

(c) Getflying may distribute or publish promo voucher to users or customers via email or account or publish on the specific Service(s) listing page or check out page.

(d) A valid Promo voucher code must be entered accordingly at the check-out page before concluding a transaction (deposit and/or full payment transaction) in order to redeem this voucher.

(e) Promo Vouchers are valid for a specified period stated on the voucher or published Service(s) listing page or check out page.

(f) Promo vouchers can only be redeemed once and may not be used in conjunction with other promotions and/or discounts provided for a specific Service(s) in the platform unless otherwise stated.

(g) Only one promo voucher can be redeemed per transaction and they cannot be combined with other “Vouchers”.

(h) If the promo voucher value is insufficient for your gross reservation/booking confirmation value for a specific Service(s) booked, Customer may make up the difference using one of our accepted payment methods.

(i) If the gross reservation/booking confirmation value for a specific Service(s) reserved is less than the value of the promo voucher, no refund or residual credit will be returned to the Customer.

(j) Promo voucher is not redeemable for cash or equivalents. (Does not accrue interest, nor does it have a cash value)

(k) Promo voucher cannot be applied on existing confirmed booking (booking confirmation).

(l) For any booking modification or cancellation of booking request and/or booking confirmation by the Customer or by Operator or by Getflying will not be refunded the value of the promo voucher used as part of the booking transaction. if you paid partly with your own funds, this portion will be refunded pursuant to Article 12.

13.5 Additional terms and conditions may be specified in relation to the specific Vouchers (for example, duration, eligibility, discount amount, Service(s) covered and etc.), will govern the use and redemption of those vouchers in addition to these terms.

ARTICLE 14 : COMPLAINTS

14.1 Getflying is concerned and place great value on our Users and/or Customers experience and satisfaction.

14.2 We place great value on our User/Customer satisfaction. You may contact us at any time by sending an email at [email protected]  We will try to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.

14.3 In cases involving Operators and as such it may take longer to resolve such an enquiry or complaint. Getflying shall contact the latter in order to attempt to settle the issue on behalf of the Customer, on a best-effort basis.

14.4 In the event of a complaint, it will be helpful to describe the subject of your complaint as accurately as possible and, where applicable, please send us your reservation confirmation or booking confirmation for further action.

14.5 No notification of any complaint may be made by one of the parties against the other more than one (1) month after the date of the events constituting the grievance have been discovered or should have been discovered.

14.6 The mere report of any complaint alone does not trigger any legal obligations on the side of Getflying or the Operator.

14.7 In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Working Days, please make further enquiries.

14.8 Anonymous, vague and defamatory complaints or enquiry will not be accepted and entertained further.

ARTICLE 15: RESPONSIBILITIES

15.1 Platform and Getflying Service Access and Operation

15.1.1 Getflying shall perform its obligations under these Terms and Conditions with reasonable skills and care.

15.1.2 Getflying provides a technical service linking Users, Customers and Operators.

15.1.3 Users hereby acknowledge that, notwithstanding all the resources Getflying implements, the Internet and telecommunications networks present technical specificities implying the impossibility of guarantying;

(i) correct Website/Platform and Getflying Services operation, in particular in terms of uninterrupted Platform access continuity, Platform and Getflying Services performance such as, for example, response times for the various requests and actions submitted and

(ii) Platform and Getflying Services security, in terms of the presence of viruses.

15.1.4 Users and/or Customers are hereby informed and accept that operating the Platform and the Getflying Services requires us to perform technical servicing, as part of maintenance operations. As such, the Platform and the Getflying Services may be temporarily suspended, in particular in cases of system breakdowns, maintenance, repairs, or updates.

15.1.5 We shall not be held liable for any damage Users or Customers may incur due to using the Platform or the Getflying Services and any damages resulting from the Platform’s unavailability and technical issues.

15.1.6 Any software provided by us to you as part of the Getflying Services is subject to the provisions of these Terms of Service. We reserve all rights to the software not expressly granted by Getflying hereunder. Any third-party scripts or code, linked to or referenced from the Getflying Services, are licensed to you by the third parties that own such scripts or code, not by us.

15.2 Operators Responsibilities

15.2.1 Operator is solely liable with respect to Customer or traveler and/or participant for the correct performance of the Service(s) offered for reservation and booking confirmation on the Platform as per the Contract.

15.2.2 Operator shall properly manage the listed postings and ensure that relevant information such as the price, availability and all the Service(s) details, description, itinerary is updated on Operator’s listing regularly especially on availability and shall not post inaccurate or misleading information.

15.2.3 Operator and its associated contractors shall be held responsible for services provided with regards to the contract. The Operator shall be required to pay appropriate compensation as determined by the law and jurisdiction of the courts of Malaysia and/or by the Commissioner of Tourism in cases where, after an investigation, the Commissioner is satisfied that the services provided were not as stated in the Contract.

15.2.3 The price of the related Service(s) provided shall be determined by the Operator at his/her own discretion before listing in the Platform. The price of a Service(s) in the final total cost shall include the entire amount to be charged to the Customer such as any applicable sales and services tax, airport tax, airline surcharges, value added tax or any other related taxes, miscellaneous chargers, visa/permit fees or related visa/permit service chargers, etc. and Operator shall not charge Customer such amount additionally and separately. It is hereby specified that a particular Service(s) provided by Operator, unless stated otherwise, do not include personal accident insurance or travel insurance.

15.2.4 Operator advice the Customer or traveler and/or participant on the required documentation required and wherever possible, assist in obtaining the necessary visa. However, the Operator cannot guarantee the approval of any visa application.

15.2.5 The Operator shall not be held responsible or liable for any expenses, reimbursement or refund of the reservation confirmation or booking confirmation price if any of the traveler and/or participant is refused entry or deported by immigration authorities resulting the possession of unlawful items or holding improper travel documents or other causes, or

whose behavior and activities are considered to be detrimental by a foreign government.

15.2.6 The Operator reserves the right to cancel or withdraw any Service(s) performance or content or itinerary made in the Contract for a Customer or decline to accept or retain any Customer or traveler and/or participant if he is likely to endanger the health or safety or impair the comfort or enjoyment of other members in a related Service(s). May also be refused for any other reasons by any carrier, hotel or other contractors. If any of such events, the Operator in its sole discretion may refund to the particular customer or traveler and/or participant any paid amount, less the amounts for services already utilized, and the administration and cancellation fees.

15.2.7 Operator may advice customer or traveler and/or participant for any baggage allowance provided by transportation contractors. For example, free airline baggage allowance provided by airlines and the quantum and conditions may differ from one airline to another and from one airport authority to another. The same applies for hand-carried baggage abroad the aircraft.

15.2.8 Operator acknowledges and agrees that Operator will be responsible for the collection, withholding, remittance and payment of the applicable taxes, customs and duties due on the total amount (Total cost)  of the Service(s) price or fee to the relevant tax authorities. Getflying cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Operators are advised to seek professional advice if in doubt.   

15.2.9 Operator may issue an invoice/tax invoice to Customer through Getflying within 3 to 5 working days upon receiving the Booking Order and reservation or booking confirmation for only specific Service(s). Operator may issue a receipt to Customer on request.

15.3 Our Responsibility Limitations

15.3.1 Getflying shall perform its obligations under these Terms and Conditions with reasonable skills and care.

15.3.2 Getflying shall not be held liable in any manner for total or partial non-compliance with an obligation and/or poor performance or non-performance, in whole or in part by an Operator with regard to the execution of a Service(s) provided.

15.3.3 Customers or travelers and/or participants shall not take action against Getflying with regard to issues of compliance and performance as per 15.3.1 above.

15.3.4 Getflying shall also not be held liable for the acts of a customer or traveler and/or a participant while performing the Service(s). Customers shall be personally responsible for acceptance of the Terms of Service by travelers and/or participants whom the Customer is responsible for registering for the related Service(s).

15.3.5 Getflying is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the Service(s) price or fee to the relevant tax authorities. Getflying does not act as the merchant of record for any Service(s) made available on the Platform.

15.3.6 Getflying shall not be held liable, generally speaking, in the following cases: (i) an act by a User, Customer, Traveler, Participant, Operator or (ii) cases of force majeure, or (iii) acts by third parties and in particular non-operation, malfunction, inability to access or difficulties using or receiving the Internet, or (iv) consequential or non-consequential damages regarding the service(s) provided by an Operator other than the Getflying Services delivered in accordance herewith, or (v) due to the content, nature, or characteristics of the listings and/or Service(s) provided by an Operator to a Customer.

ARTICLE 16: SERVICE COST

16.1 The Platform and/or Getflying services provided without valuable consideration for Users and/or Customers.

16.2 In that no fees shall be applied by Getflying directly to users and/or customers, as the latter may shall be responsible for paying the sums due to the Operator pursuant to the contract entered by parties unless otherwise specified in any other Article in this Terms and Conditions.

ARTICLE 17: EVIDENCE CONTRACT

17.1 Customer hereby expressly accept that all electronic data, regardless of medium, in particular connections logs, computer files, logins, time stamping data, messages, e-mails, and others, emanating from Getflying services or information system and those of its Operators shall be fully enforceable against them.

17.2 Customers shall not contest the admissibility, validity, or enforceability of such elements of proof due to their dematerialized nature and acknowledge that such elements shall stand as evidence of the actual platform operations.

17.3 Therefore, the elements in questions shall constitute evidence and, if produced by Getflying in a litigious procedure or other, shall be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document drafted, received, or retained in writing on paper.

ARTICLE 18: PERSONAL DATA PROTECTION

Please see our Privacy Policy, which forms a part of these Terms and Conditions

ARTICLE 19: DISCLAIMER OF LIABILITY

THE GETFLYING SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GETFLYING OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE GETFLYING SERVICES, INCLUDING, WITHOUT LIMITATION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE PLATFORM FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETFLYING DOES NOT WARRANT THAT THE GETFLYING SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE / PLATFORM AND/OR THE GETFLYING SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

GETFLYING THROUGH THE PLATFORM PROVIDES A TECHNICAL SERVICE LINKING USERS, CUSTOMERS AND OPERATORS. 

GETFLYING AS AN INTERMEDIARY SHALL NOT BEAR ANY LIABILITY IN CONNECTION WITH THE SERVICE(S) PROVIDED BY THE OPERATOR.

GETFLYING SHALL NOT BE HELD LIABLE IN ANY MANNER FOR TOTAL OR PARTIAL NON-COMPLIANCE WITH AN OBLIGATION AND/OR POOR PERFORMANCE BY AN OPERATOR WITH REGARD TO THE EXECUTION OF A SERVICE(S) PROVIDED. CONSEQUENTLY, GETFLYING SHALL NOT BE HELD LIABLE IN CASES OF POOR PERFORMANCE OR NON-PERFORMANCE, IN WHOLE OR IN PART, OF OPERATORS’ OBLIGATIONS. 

GETFLYING SHALL UNDER NO CIRCUMSTANCES BE LIABLE IN THE EVENT OF PREJUDICE, LOSS OR DAMAGE CAUSED BY THE CUSTOMER TO OPERATOR OR BY OPERATORS TO THE CUSTOMER OR BY/TO THIRD PARTIES IN CONNECTION WITH THE SERVICE(S), REGARDLESS OF THE NATURE OF

THE DAMAGE OR LOSS (WHETHER IT IS DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETFLYING, NOR ANY OF ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE PLATFORM AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), SERVICE LIABILITY, STRICT LIABILITY OR OTHER THEORY), ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(1) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE, STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES

(2) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;

(3) ANY TRANSACTIONS ENTERED OUTSIDE THE PLATFORM;

(4) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT AND IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.

IF A DISPUTE SHALL ARISE BETWEEN AN OPERATOR AND THE CUSTOMER OR A THIRD PARTY, OPERATOR RELEASES GETFLYING, NOR ANY OF ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE PLATFORM AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), FROM CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

INTER ALIA, AS AN EXAMPLE, GETFLYING ASSUMES NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING AS A RESULT OF OR IN CONNECTION WITH THE SERVICE(S) AND/OR OF THE EXECUTION OR NON-EXECUTION OF A CONTRACT CONCLUDED BETWEEN THE OPERATOR AND A CUSTOMER OR A THIRD PARTY, AND OPERATORS SHALL INDEMNIFY AND HOLD GETFLYING HARMLESS AGAINST ALL COSTS, LOSSES, DAMAGES AND/OR EXPENSES IN THAT RESPECT.

OPERATORS IS SOLELY LIABLE WITH RESPECT TO CUSTOMERS, TRAVELLERS AND/OR PARTICIPANTS FOR THE CORRECT TOUR PACKAGES AND/OR ACTIVITIES AND/OR RELATED SERVICES (“SERVICE(S)”) OFFERED FOR RESERVATIONS OR BOOKING CONFIRMATION ON THE PLATFORM. 

NOTHING IN THESE ARTICLE SHALL EXCLUDE OR LIMIT OPERATOR’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, AND MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THIS PLATFORM OR GETFLYING SERVICES, DO NOT AGREE WITH ANY PART OF THIS TERMS OF SERVICE AND/OR TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST

GETFLYING OR OPERATORS OR ANOTHER USER OF THIS PLATFORM WITH RESPECT TO THIS TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST GETFLYING IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE PLATFORM AND/OR GETFLYING SERVICES.

ARTICLE 20: INDEMNITY

20.1 You agree to indemnify, defend, hold harmless Getflying nor any of its parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees or others involved in creating, sponsoring, promoting, or otherwise making available the platform and its contents (collectively the “Covered Parties”), from and against any and all claims, actions, proceedings, and suit and all liabilities, damages, settlements, penalties, fines, costs and expenses (including but not limited to, legal fees and any other dispute resolution expenses) arising from your use of this Platform or your violation or breach of any term of these Terms of Service and/or Terms and Conditions or any policy or guidelines referenced herein, your use or misuse of the Getflying Services, your breach of any law or any rights of a third party or any Content uploaded by you.

ARTICLE 21: DISPUTES

21.1 In case a problem arises in a Contract formed between Customer and Operator, the Customer and Operator agree to communicate directly or via the Platform. In the event both Customer and Operator unable to resolve any dispute through amicable negotiations, Getflying reserves the right to suggest and implement an appropriate resolution at its sole discretion. If the matter cannot be resolved, Customer may approach the Commissioner of Tourism of Malaysia (for related cases) or Courts of Malaysia. Each case in question

shall be governed by and construed in accordance with laws in force in Malaysia to resolve any dispute arising from a Contract.

21.2 Customer and Operator accord and agrees that it will not bring suit or otherwise assert any claim against Getflying or its covered parties in relation to any transaction made on the Platform or any dispute related to such transaction.

ARTICLE 22: LINKS

22.1 Any creation of links to Getflying Platform, framing the Website/Platform, and any use of a component element of the Platform shall be subject to prior written consent from Getflying and may be revoked at any time at our sole discretion.

22.2 Getflying reserves the right to (i) request deletion of any link to the Platform that has not been or is no longer authorized and (ii) request damages as remedy for the prejudice incurred therefrom.

22.3 Getflying prohibits any Users, Customers or Operators creating links directing to other sites or to Operators own websites/platforms. 

22.4 The Platform may contain links directing to other Internet sites or other Internet sources which Getflying shall not held liable. Each Users, Customers or Operators who contribute to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the operation, advertisement, products, services, accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their content contribution. In which Getflying and covered parties are not held responsible.

22.5 Creating such links by the Users, Customers or Operators shall not imply that it is Getflying sponsors or recommends the linked site in question or that Getflying is affiliated therewith.

22.6 Users, Customers or Operators further acknowledge and agree that Getflying may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service and/or Terms and Condition.

22.7 Getflying shall not be held liable for any damage or loss, actual or alleged, following or in relation to using or the act of trusting the content, the goods, or services available on such sites or external sources.

ARTICLE 23: SEVERABILITY

23.1 If any provision of these Terms of Service and/or Terms and Conditions or a contract herein be held invalid, void or unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall in no way affect the validity and enforceability of any other remaining provisions or part of any provision, all of which shall remain in full force and effect, so long as these terms and conditions or a contract shall be capable of continuing in effect without the unenforceable term.

ARTICLE 24: GOVERNING LAW

24.1 The present Terms of Service and/or Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) are governed by and must be interpreted under the laws in force in Malaysia. Any dispute regarding the interpretation, execution, or termination hereof shall be under the sole competence and jurisdiction of the courts of Malaysia.

24.2 It is further reaffirmed that the autonomous Contracts concluded between Operators and Platform end users who entered into a successful sales contract between them when reserving and/or booking respective tour packages and/or activities and/or related services shall be governed by the law applicable to each case.

24.3 All dealings, correspondence and contacts between us and Operators shall be made or conducted in the English language.

ARTICLE 25 : GENERAL PROVISIONS

25.1 This Terms of Service and/or Terms and Conditions is not assignable, transferable or sub-licensable by you.

25.2 Nothing in these Terms of Service and/or Terms and Conditions shall constitute a partnership, joint venture or

principal-agent relationship between you and Getflying.

25.3 Terms of Service and all other Terms and Conditions and policies applicable to the use of the Platform and/or the Services offered by Getflying (jointly referred to as “Terms and Conditions”)

25.4 Getflying reserves the right, to modify, change, add, suspend, discontinue or remove all or any portions of this Platform or Getflying Services at any time. Changes will be immediately effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

25.5 Getflying reserves the right to refuse to provide you access to the Platform or Getflying Services or to allow you to open an Account for any reason.

25.6 If you do not agree to these Terms and Conditions, please do not use Getflying services and/or access the Platform. User shall not be authorized to remain on the Site and shall not be authorized to use the Service. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms and Conditions on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Getflying Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Getflying Services.

25.7 THIRD PARTY RIGHTS

25.7.1 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

Version dated 22 September 2025