The word “Company” refers to Signature Holidays Travels and Tours. “Customer” means you, the person who agrees to buy the tour and/or any person on whose behalf you agree to purchase the tour. The word “Tour” refers to the trip being booked by the “Customer”.
(2 ) TERMINATION of the CONTRACT
The Company reserves the right to terminate this Contract if the behaviour, conduct, manner and/or action of the Customer either prior to or during the Tour is likely to cause offense to other customers, or endanger the safety, well-being, properties and/or benefits of other customers or of the Customer himself/herself. In such cases, full cancellation charges as set out in Section 4 below shall apply and the Company shall have no further liability to the Customer. If the behavior, conduct, and/or action of the Customer causes any damage to the accommodation in which the Customer is staying, or causes delay or diversion to any means of transportation and/or the Tour, the Customer agrees to fully indemnify the Company against any claim (including legal costs) made against the Company by or on behalf of any relevant third party.
(A) Deposits: Non Refundable 30% deposit of total is required upon booking to our bank account as under.
♦ Bank Name: United Amara Bank Limited, Myanmar
♦ Name: SIGNATURE HOLIDAYS TRAVELS & TOURS CO; LTD
♦ A/C NO: 016012100090455
♦ Swift Code: UABMMMMY
♦ Holder address: No (8), 4F (A), Ashegone St:, Sanchaung Tsp, Yangon, myanmar.
♦ Bank address: W 1/2/3/4, Padonmar Stadium, Bargayar St:, Sanchaung Tsp, Yangon, Myanmar.
(B) Full Payment: Full payment shall be received no later than 60 days (2 months) prior to the Customer’s arrival, or if the booking is made within 60 days (2 months) prior to the Customer’s arrival, full payment must be made.
(A) Cancellation by the Company
(i) If the Tour is not paid for by the due date, the Company shall have the right to cancel the Tour.
(ii) In the event that the Company does not receive the minimum number of bookings to provide the Tour, the Company, at its own discretion, shall be entitled to cancel or curtail the Tour at any time up to 4 weeks prior to the arrival of the Customer and the Customer shall not be entitled to make any claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Company shall notify the Customer within seven days of cancellation or curtailment necessitated by the foregoing circumstances.
(B) Cancellation by the Customer
Where the Customer cancels the Tour reservation, then the effective date of cancellation will be the date the Company receives written notification. The cancellation charge to the Customer is listed below.
♦ 45-31 days: 50% of the Tour price is forfeited
♦ 30-15 days: 75% of the Tour price is forfeited
♦ 14-8 days 90% of the Tour price is forfeited
♦ 7 days and no-show: non-refundable
For the avoidance of doubt, since some suppliers (hotels, cruise companies) have cancellation policies that are different from those of the Company, the cancellation charge may, at the Company’s discretion, be adjusted accordingly.
(C) Refund of Unused Services
No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services which are included in the Tour prices but not utilized by the Tour member.
(5) FORCE MAJEURE
If as a consequence of “Force Majeure” (as defined below), the Company is obliged to curtail, alter, extend or cancel the Tour, the Customer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of said curtailment, alteration, extension or cancellation of the Tour.
“Force Majeure” means Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, destruction or damage to holiday accommodation, riots, acts of war, civil commotion, exercise of legislative or government action, municipal or military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with the Tour, fraud perpetrated against the Company.
If the Customer wishes to make a complaint in relation to a holiday, he should inform the Company’s representative at the location where the Customer is when the complaint arises, thereby giving the Company reasonable opportunity to rectify matters.
Notwithstanding the above, the Customer can notify the Company in writing not later than 30 days after his return to port of departure. Any complaint received after this period will not be entertained.
(7) LIABILITY & INSURANCE
(i) The Company is not responsible for any loss, injury or damage sustained by passengers. Additional expenses incurred due to delays, accidents, natural disaster, political actions and unrest must be borne by the Customer.
(ii) The Company shall not be liable for any damage caused to the Customer by the failure to perform the Contract or the improper performance of the Contract where the failure or the improper performance is due neither to the fault of the Company because:
♦ the failure which occurs in the performance of the Contract is attributable to the Customer; OR
♦ the failure is attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable; OR
♦ the failure is due to Force Majeure as defined in Paragraph 5 above.
The Customer is required to have full travel insurance. It is the responsibility of the Customer to read their insurance policy before they travel and ensure that the insurance scheme provides the Customer with the requisite level of cover.
C. Dispute Settlement
(i) The terms and conditions contained herein are governed by and interpreted in accordance with the Laws of Myanmar.
(ii) Any dispute arising out if or in connection with the applicable of the terms and conditions contained herein, if not capable of being resolved amicably between the Customer and the Company within 30 days, will be referred to the Hotel and Tourism Ministry at Naypyidaw for final and binding settlement in accordance with its rules of arbitration.
(iii) During and without prejudice to the course of arbitration, this Agreement shall continue to be performed.