Terms and Conditions Reservation / Deposit / Full Payment
Reservations should be made through Downbelow Marine and Wildlife Adventures Sdn Bhd as a fully licensed PADI 5 Star Instructor Development Center & Travel and Tours Company in Malaysia. We require a non-refundable deposit, which is, payable upon confirmation of availability. The balance of your reservation must then be paid 30 days prior to the reservation commencing otherwise the booking will be released. We are unable to hold unpaid bookings. It is the responsibility of the client to ensure payments are made by the due date.
If you are paying the deposit by bank transfer and have requested the invoice in your currency, when final payment is due please request an updated invoice in your currency since your currency invoice is only applicable for 24 hours. To avoid currency fluctuations that will influence the final amount to be paid you can choose to pay the invoice in full instead of a deposit payment. The amount in MYR will not change, only the exchange rate is variable and can work in or against your favour
Please note that credit cards incur the following admin fee charge VISA / MASTERCARD 3%, AMEX 5%.
Promotions & All Mountain Climb Bookings
Any promotion & all Mountain Climbing bookings require full payment upon confirmation of availability due to such limited permit availability.
PADI Diving Courses & Internships
We pride ourselves on providing well-structured itineraries, courses, internships & programs with a high staff to student ratio. In order to do this we must limit the number of students / participants on each course or program.
Our Scuba Diving courses and internships are performance based. We cannot offer a guarantee of passing the course requirements, as home study and your personal commitment are dependent on the individual student. However we believe in the PADI system of education and have practiced this structure for many years with an extremely high success rate. On occasion however some people require more time than the standard course allows and in these cases we can provide more time and instruction in whatever area is necessary – this however may incur additional charges, of which will be discussed in full and offered should the occasion arise. Please note that in order to conduct scuba diving courses we have a number of standards and regulations to adhere to. The staff team of Downbelow, our dive sites and ratios are conducted under the Standards & Procedures of the PADI system of education and we follow British HSE Guidelines.
Private Guide Fees for Gaya Island & Manukan Island Activities
Should you book your activity for 1 person only and on the day you enjoy a private guide/instructor there will be a fee of MYR 150.00 per day. You may also pre-book your private guide in advance. Requests on the day are subject to availability.
Once a booking has been made we are unable to refund the deposit and once a course has started we are unable to refund the balance. Services are non-transferable or exchangeable.
In the event of cancellation after deposit and full payment, the following will apply:
a) After deposit payment and within 45 days before arrival in Sabah 50% of the trip’s full price or full deposit is forfeited.
b) Within 30 days of arrival date in Sabah 75% of the trip’s full price is forfeited.
c) Within 14 days of arrival date in Sabah 100% of the trip’s full price is forfeited.
d) For PROMOTIONS and Mt K Climbs anytime after full payment is made 90% of the trip is forfeited until 14 days before program commencement.
e) Any cancellation within 14 days 100% of the trips full price is forfeited.
f) Mountain climbs are non – refundable in any part should your final summit ascent be cancelled due to unsafe weather conditions or you are unable to climb for any reason.
g) If we cancel your Gaya Island trip for any reason, then we will offer you to reschedule your course or program. Should you be unable to do so, a full refund will be given.
After commencement of service, no refund, in part or full, will be given for services included in the package program not utilised.
Downbelow Marine & Wildlife Adventures Sdn Bhd acts as an agent or partner for hotels, transport carriers, passenger boats not owned by us, tourist offices and all other contractors and as such, shall not be held responsible for any irregularity, delay, loss, damage, accident, change of airplane schedule, delay, strikes, political or civil commotion etc…caused by or arising from circumstances beyond our control. Refunds can not be granted for programs missed through missed or delayed flights.
Downbelow Marine & Wildlife Adventures S/B shall not be liable for travel affected by ‘force majeure’. In the context of these terms and conditions, ‘force majeure’ is any event that is beyond the reasonable control of the Company or which are unavoidable by the exercise of due diligence on the Company’s part including but not limited to war, threat of war, riot, civil commotion or strife, hostilities, industrial dispute, natural disaster including earthquakes, fire, acts of God, terrorist activity, nuclear disaster, adverse weather, government action or technical problems with transportation. Refunds for such events will not be offered and we therefore strongly advise all clients to seek travel insurance to cover for such events in the case of cancellations.
Holiday / Travel Insurance
Downbelow Marine & Wildlife Adventures S/B holds liability insurance for all activities however we advise our guests to purchase personnel injury and travel insurance prior to their trip.
Liability Waiver & Assumption of Risk
The nature of adventure travel carries an element of risk. Downbelow Marine & Wildlife Adventures S/B have established extensive safety standards and procedures, which are enforced, regularly monitored, updated and tested. We believe that through risk assessment, preparation & training we are able to reduce the risk and plan for emergency assistance. However to the extent permitted by law we ask each individual taking part in every tour and activity to accept the inherent dangers associated with the program, read and sign the appropriate waivers when in country. Should you wish to view these documents prior to arrival please ask your tour consultant.
Change of Itinerary
The daily program or activities may be exchanged or rescheduled at any time if environmental conditions are considered un-safe, this is not expected nor is it common. We are unable to refund any portion of your trip or course qualification should environmental conditions not permit completion. Mountain climbs are non–refundable in any part should your final summit ascent be cancelled due to unsafe weather conditions.
Effective 1st March 2019, the provision of taxable services will be subjected to 6% service tax.
Downbelow Marine & Wildlife Adventures S/B reserves the right to increase or decrease rates to reflect any changes made by the Malaysian Government with regards to any tax law at any time.
From 1st September 2017 the Malaysian Government implemented Tourism Tax (MyTTx) applicable to accommodation bookings and chargeable at MYR 10.00 per room/bed per night. This is to be paid upon CHECK OUT from all accommodation except where accommodation comprises of less than 10 rooms. Therefore our Downbelow Adventure Lodge is not subject to this tax, yet all other hotels and resorts will be acting as a collecting agent for the RMCS and Malaysian Ministry of Finance. This tax is not added to your booking with us.
General Data Protection Regulation – GDPR
General Data Protection Regulation – GDPR is a piece of legislation which has significantly changed the way in which data belonging to citizens of the European Union is protected.
From May 25th, 2018 any businesses operating inside AND outside the EU will have to maintain much stricter controls on the way in which they collect, record and store personally identifiable data of a European Citizen.
Although this is a European piece of legislation, it’s been specifically created to protect EU citizens regardless of where in the world they (or their data) may be, meaning businesses in all corners of the globe are affected.
What is personally identifiable data?
Any piece of data that relates to a specific person that can be used to directly or indirectly identify that person. Standard pieces of data like names, email addresses, phone number or identification numbers are all personal data; but other less obvious examples exist as well such as credit card numbers, IP addresses, place of education, employer etc.
Although this law only applies to European Citizens we have implemented the controls company wide and offer the same strict controls and privacy to all our clients irrespective of nationality therefore please take note of the following information.
When you share any personal information with us, or any personal information is obtained for the sole purpose of assisting with works carried out by our company Downbelow Marine & Wildlife Adventures, we take measures to protect it. This may include, but are not limited to, encrypting data both locally and remotely and using software that fully complies with the GDPR Act 2018.
To reassure you further, we only ever share any part of any collected data, with our official travel partners for the sole purpose of your reservation via protected data transmission.
- We only use your personal data for the purpose for which you provided it.
- We will only share select data if we are required to do so by law. Otherwise, we will always ask for your consent.
- You can always get in touch to ask us what personal data we hold and to correct and update your data if anything changes.
Communications & Consent
As part of our service, we will communicate with you via phone, email, text, whatapp or in person. By engaging in our service you give your consent for us to store your personal data and the personal data of other persons in your travel group that you provide to us.
You have the right to access your own personal data and you have the right to request that we permanently erase your personal data.