You must register yourself and accept these Terms in order to use this Site (as defined hereinafter below) as an “agent” user. By registering, accessing and/or using this Site as an “agent” user, you hereby agree to be bound by these Terms without limitation or qualification. If you do not agree with any of these Terms, please immediately discontinue the access to and/or use of this Site.
We reserve the right to amend, revise or modify these Terms at any time at our absolute discretion without prior notice to you, and such amended, revised or modified Terms shall be effective upon their publication on this Site. Please visit this Site regularly and check these Terms to ensure that you are aware of all the terms governing your use of this Site. Your continued access and/or use of this Site constitute your agreement to and acceptance of the amended, revised or modified Terms.
For the purposes of these Terms:-
• The terms "Mayflower", “us”, “we”, “our” shall mean Mayflower Holidays Sdn. Bhd. (Company No.: 843960-T/ KPK 7367).
• The term “Site” shall mean this website (www.mayflower.com.my) and the other pages hereof.
• The terms “you”, “your” and “yourself” shall mean you, the person(s) accessing this Site as an “agent” user, including the main agent and the sub-agent user(s).
• The term “agent” user shall mean a person who is accessing this Site to acquire products or services for purposes of re-selling the same to end consumers. For the avoidance of doubt, nothing herein shall be construed to create an agency relationship between the “agent” user and Mayflower.
• The term “main agent user” shall mean a person who possesses administrative access to the account created in which he/she is able to create/ remove sub-agent users as well as control the access authority of the sub-agent users to the account, and the term “sub-agent user” shall mean a person who has been authorized by the main agent user to access the account, and who is only permitted to make booking of travel products on the Site with limited accessibility to the back-office system.
1.1 Mayflower offers an online platform through this Site (“Services”), where you may browse for, reserve and purchase any and/or all of the following, which are offered by the respective vendors listed on this Site:-
(b) temporary accommodation and lodging;
(c) travel packages;
(d) rental vehicles;
(e) travel insurance ; and/or
(f) event and/or attraction tickets; and/or
(g) WIFI dongle.
1.2 Mayflower reserves the absolute discretion to change, suspend or discontinue all or any part of the Services at any time without prior notice to you.
2.1 The vendors listed on this Site (“Vendors”) are independent contractors and not agents or employees of Mayflower. This Site does not make any representation and should not be construed as making any recommendations or suggestions to the level of service or rating of the Vendors. Mayflower shall not be held liable for any omissions, breach of representations, warranties, breaches or negligence of any Vendors or for any personal injuries, death, property damage or other damages or expenses as may be suffered and/or incurred by you or any third parties (including the end consumers to which the Vendors’ products/ services will be re-sold) resulting there from.
2.2 The products and services available through this Site are subject to the published conditions of the respective Vendor (“Vendor’s Terms”), including but not limited to the conditions of purchase and policies relating to subsequent request for changes, cancellation and refund:-
(a) As an “agent” user, you shall be responsible to display the Vendor’s Terms to the end consumers, and shall not make any false or inaccurate representation/ warranty of the Vendor’s products/ services to the end consumers.
(b) You shall indemnify Mayflower and/or the Vendor against any and all claims, losses, damages, liabilities, judgements, penalties, fines, costs and expenses resulting from your breach of this Clause.
3 Additional terms
3.1 Further and in addition to the Vendor’s Terms, certain sections or pages on this Site may contain additional and/or separate terms and conditions, which are different from these Terms. In the event of a conflict, the additional and/or specific terms and conditions shall prevail for those sections or pages.
4 Registration as member
4.1 The application to be registered as an “agent” user of the Site is free of charge and can be applied online at any time through this Site.
4.2 To qualify for such application, you:
(a) must be a legally incorporated company in Malaysia; and
(b) may register not more than two (2) person(s) as your representative(s) as the contact point for Mayflower, and you shall inform Mayflower in the event of any change in your registered representative(s); and
(c) must provide us with the current, complete and accurate information of yourself and a copy of the required documents, as may be requested by the online registration form.
4.3 Upon your submission of the required information and documents, your application will be subject to our verification and approval:-
(a) For the avoidance of doubt, Mayflower shall reserve the absolute discretion in the approval of your application, and Mayflower shall not be obliged to assign any reason for our rejection of your application.
(b) Upon our approval of your application, you will be given an account to access this Site, together with your user ID and password (collectively, “Log-In Credentials”).
4.4 You shall be responsible for maintaining the confidentiality, security and use of your Log-In Credentials:
(a) All confirmations, withdrawals, actions, acceptances, updates or whatever representations or dealings that have been received by Mayflower via your account shall be irrevocable and binding on you, whether given by you or other persons purporting to be you. You shall be solely responsible to Mayflower for all activities that occur under your account.
(b) We shall not at any time be under a duty to verify the identity or authority of the person dealing with us apart from verifying the Log-In Credentials. You shall be fully responsible for any accidental or unauthorized disclosure of your Log-In Credentials to any other person and shall bear the risk of any unauthorized usage of your Log-In Credentials.
(c) If there has been any unauthorized access to your account, you shall notify Mayflower as soon as practicable. Until Mayflower actually receives such notification, you shall remain responsible for any access and all use of this Site by the unauthorized person. Mayflower shall reserve the right to impose any administration fees in disabling and/or re-programming your Log-In Credentials.
5 User’s representation & warranties:
5.1 By using the Services offered via this Site, you hereby warrant that:-
(a) You have been duly incorporated or established and is a validly existing legal entity under the laws of your country of incorporation or establishment;
(b) You have all authorisations, licences and approvals to carry on your business and such authorisations, licences and approvals are in full force and effect;
(c) You will use these Services in accordance with these Terms;
(d) You shall comply with all applicable laws, guidelines, ordinances, directives, regulations and rules as may be issued by the relevant authorities or bodies or legislative bodies (including any subsequent amendments as may be made from time to time) in relation to your use of the Services, including but not limited to the use of any online payment gateway system on the Site; and
(e) All information supplied by you to the Site is true, accurate, current and complete.
5.2 You hereby agree to indemnify Mayflower from any loss, damage, costs, expense, liability and claims which may be suffered and/or incurred by Mayflower resulting from your use of this Site in breach of any of these Terms.
6 Permissible use and prohibited use
6.1 You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services rendered by the respective Vendors for resale purposes. Mayflower hereby grants you a limited, restricted, personal, non-transferable, and revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Mayflower and/or the Vendors.
6.2 You shall not:
(a) Take any action which may impose an unreasonable or disproportionately large load on the Site;
(b) Use this Site in any manner which could damage, disable, overburden or impair or otherwise interfere with the other users’ use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware or telecommunication equipment;
(c) Attempt to gain unauthorized access to this Site, other accounts, computer system, or networks connected to this Site, through hacking, password mining or any other means.
7 Intellectual Property Rights
7.1 The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Site are all subject to copyright and other intellectual property protection.
7.2 The copyright in the materials contained on this Site (including but not limited to the software, text, data, html codes and other codes on this Site) belongs to Mayflower or its licensors. Save as otherwise permitted herein, these materials may not be modified, transmitted, displayed, reproduced, published, or reposted to other sites or otherwise used for any other purposes without the prior express written permission of Mayflower.
7.3 All the trademarks, service marks and logos displayed on this Site are the registered, pending registration and/or unregistered trademarks of Mayflower or Mayflower’s affiliates or the respective Vendors as identified in the Site. Unless the express prior written consent of Mayflower or the relevant Mayflower’s affiliate or Vendor has been obtained, nothing contained on the Site shall be construed as granting any license or right for you to use, copy or modify such trademarks, service marks or logos.
8 Links to third party Sites
8.1 This Site may contain links to other sites that are independently owned, maintained or operated by third parties that are not under the control and/or supervision of Mayflower (“Linked Sites”). The links are provided for your convenience only and shall not be interpreted as a recommendation and/or endorsement by Mayflower of the contents of the Linked Sites and/or any products and/or services appearing on and/or provided through such Linked Sites.
8.3 Mayflower hereby expressly disclaims any responsibilities and makes no warranties (express or implied) in respect of the contents, materials, products or services posted or offered at any of the Linked Sites. Your access and use of any such Linked Sites and their content, materials, products or services is solely at your own risk. Mayflower shall not be responsible or liable, directly or indirectly, for any loss, expense or damage suffered by you resulting from your or any third parties’ use or reliance on such content, materials, products or services of the Linked Sites.
9 Disclaimer & Limitation of Liability
9.1 All contents or materials, information and functions contained on this Site are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Mayflower disclaims all warranties, endorsements or representations, whether express or implied, including but not limited to the following:-
(a) The correctness, accuracy, adequacy, reliability, completeness and usefulness of any contents, materials or information contained on this Site;
(b) The merchantability, fitness for use, fitness for a particular purpose and/or non-infringement of third party rights of any contents, materials or information contained on this Site;
(c) That the access to this Site will be uninterrupted or that there will be no downtime, delays, failures, errors or omissions or loss of information as this Site is transmitted to you; and
(d) That no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged from accessing and/or using this Site.
9.2 To the fullest extent permitted by law, Mayflower shall not in any manner be held responsible or liable, whether directly or indirectly, for any losses, damage or expenses as may be suffered by you resulting from or in connection with:-
(a) Your reliance on any of the contents, materials or information on this Site;
(b) Your access or use of, or inability to access or use this Site and/or the products or services obtained from the Vendors through this Site;
(c) Any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site.
The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential, and shall consists of loss of profits, business, opportunity or data, and regardless whether Mayflower has been advised of the possibility of such damages, losses or liability.
9.3 In the event where Mayflower is found to be liable to you, to the maximum extent permitted by law, Mayflower’s liability shall be limited, at our sole option, to either of the following:-.
(a) re-supply of the Services; or
(b) the total amount paid by you to Mayflower pursuant to the purchase from which the claim and liability shall arise.
10.1 You must check the reservation details thoroughly each time before you make a reservation.
10.2 Mayflower reserves the right not to accept any user or reservation (or in some cases, cancel the reservation confirmation) at our sole discretion and for any cause without giving reasons for the rejection/ refusal/ cancellation. The causes may include but not limited to the following:
(a) Breach of these Terms by you;
(b) Suspicion of criminal activity (including but not limited to unauthorized use of a credit or debit card), fraud or theft;
(c) Product/ services not being available or no longer being made available by the Vendor, or where the Vendor has provided inaccurate price and/or information relating to their products/services;
(d) The provision of inaccurate, erroneous or misleading information by you;
(e) Problems with credit card electronic communications, information or transactions.
10.3 Your reservations are not confirmed until you have received a confirmation email from Mayflower and/or the relevant Vendor. The confirmation email will only be sent to you upon:-
(a) The complete provision of all information which are necessary for the reservation of the selected products and/or services by you; and
(b) Mayflower’s receipt of the full payment for the selected products and/or services.
11 Prices & payment
11.1 All prices on the Site are shown in the currency denoted by the Vendor.
11.2 Prices shown on this Site may vary depending on the availability of the products and/or services and other factors. The Vendors may update the prices of their respective products and/or services from time to time. Available prices may also include taxes and other charges.
11.3 You shall be solely responsible for verifying the total costs to be paid for the selected product and/or services.
11.4 For all forms of reservation, you must make payment within the stipulated time limit, failing which Mayflower shall reserve the right to cancel your reservation. Notwithstanding that the prices for the Vendors’ products/ services may be shown in any foreign currency(ies), payment for such prices shall made in Malaysian Ringgit currency according to the applicable rate of exchange prevailing at the time of payment vide the relevant payment methods as referred to in Clause 11.5 below. Any costs or expenses as may be imposed by your bank for the currency exchange shall be borne by you.
11.5 Available payment methods:
(a) Credit card: Mastercard and Visa card, in which case your use of the credit card shall also be subject to such terms and conditions as may be stipulated by the respective bank. Mayflower reserves the absolute discretion to not accept certain credit cards;
(b) FPX online payment gateway, in which case your use of the payment gateway shall also be subject to their terms and conditions of use;
(c) “Agency Credit”, which may be acquired via one or both of the following methods:-
i. Prepaid method, whereby you will be required to first purchase the credit value from Mayflower. The purchased value will then be credited into your account, which may be used in the purchase of the Vendors’ products/ services. Your use of the Agency Credit shall be limited to the amount that you have prepaid for in your account. Upon the complete depletion of the prepaid “Agency Credit” in your account, you will be required to use other methods of payment for the purchase of the Vendors’ products/ services, unless and until the prepaid “Agency Credit” in your account has been topped up; and/or
ii. Credit line method (i.e. postpaid), whereby you will be granted “Agency Credit” up to such amount as may be determined by Mayflower in its absolute discretion (“Credit Limit”). You may purchase the Vendors’ products/ services up to the Credit Limit granted. Mayflower will invoice you monthly in respect of the “Agency Credit” utilized in the preceding month, and your “Agency Credit” shall be replenished upon your settlement of Mayflower’s invoice. Upon the complete depletion of the “Agency Credit” in your account which are acquired via the credit line method, you will be required to use other methods of payment for the purchase of the Vendors’ products/ services,
The provision of the credit line by Mayflower is subject to your settlement of Mayflower’s invoice within such payment period as may be determined by Mayflower in its absolute discretion (“Credit Term”) and your compliance with these Terms. Mayflower shall have the right to withdraw, cancel, amend, vary and/or revise the credit line, including but not limited to the Credit Limit and Credit Term from time to time at its sole discretion.
You shall made payment of Mayflower’s invoice by way cheque or cash.
Where payment of Mayflower’s invoice is made via cheque:
(a) you shall be at liberty to post-date the cheque provided that the date of the said post-dated cheque does not exceed the Credit Term;
(b) for the purposes of computing the Credit Limit, the total sum of post-dated cheques and current-dated cheques which have been presented but not cleared together with the total overdue amounts on invoices issued to you in respect of your purchases shall be taken into account. You shall not be entitled to exceed the Credit Limit at any one time.
In the event that any purchase causes your Credit Limit to be exceeded, Mayflower shall have the absolute right to reject the said purchase save and except if the differential amount is duly settled by you either by cash or other payment methods as stipulated in this Clause 11.5.
11.6 Mayflower can add or remove other payment methods at our sole discretion without prior notice to you.
11.7 Where payment is made via credit card:-
(a) You shall ensure that you have sufficient credit on your credit card account to meet all charges for the products and/or services that you booked/ purchased through this Site.
(b) For payment of bookings placed through this Site, and where Mayflower is the merchant on record, your credit card will be billed by Mayflower for the full price at the time of booking and confirmation of the booking.
(c) Please note that as and when any price is converted from a foreign currency to RM, your card issuer may charge a conversion fee at such rate as may be determined by your card issuer.
(d) In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your card issuer immediately after realizing such unauthorized use. Mayflower shall bear no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, and Mayflower is not obliged to make refunds or repayments to you as a result of such fraud. Mayflower shall accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own.
(e) By using credit card as your method of payment, you are deemed to have authorized and/or consented to the following:-
i. Mayflower’s and/or the respective Vendor’s disclosure of your credit card details to, and/or the procurement of information from, your card issuer to verify the credit card and identification details that you have provided;
ii. The verification by Mayflower and/or the respective Vendor that there is sufficient credit on your account to meet the fees incurred;
iii. Mayflower supplying your billing, payment and identification information (including but not limited to personal information) to those Vendors who will be supplying the selected products and/or services to you.
11.8 Where payment is made using the prepaid “Agency Credit” in your account:-
(a) You may pre-load/top up credit into your account in the following manner (or such other manner which Mayflower may prescribe from time to time) either by way of:
(i) cash into the bank account designated by Mayflower or bank draft to Mayflower (made payable to “Mayflower Holidays Sdn. Bhd.”); or
(ii) wire transfer,
in which case you shall bear all relevant bank charges and you shall also be responsible to inform Mayflower upon successful payment, together with the supporting documents.
Upon Mayflower’s receipt of your payment and the supporting documents, such credit will be credited into your account.
(b) You recognize and understand that the prepaid credit in your account is not an interest bearing fund and shall not earn any interest whatsoever.
(c) If you select to make payment for your purchase via the Site using the prepaid “Agency Credit” in your account, the prepaid credit will automatically be deducted from your account towards payment of your purchase.
(d) In the event that the prepaid credit falls short of the amount of your purchase, you will be required to settle such shortfall either via your credit card or FPX online payment gateway.
(e) Notwithstanding anything contrary herein, Mayflower is not duty bound in any way whatsoever to ensure that the amount of the prepaid credit available in your account is not exceeded by you.
12 Requests for changes, cancellation & refund
12.1 All requests for changes, cancellation and/or refund in respect of any reservation made via the Site shall be made to Mayflower during our office hours from 9:00a.m. to 6:00p.m., every Monday to Friday.
12.2 Any changes and/or cancellation of your reservation shall be subject to the Vendor’s Terms of the respective Vendor.
12.3 Some Vendors may impose certain fees for processing your request to change and/or cancel the reservation (as may be indicated in the Vendor’s Terms), and you hereby agree to pay any such fees as may be imposed by the Vendor that you incur.
12.4 For travel packages:-
(a) You are generally not allowed to make any changes and/or cancellation to the package purchased. Any change and/or cancellation of the whole or part of the package will render the initial amount paid forfeited, and you may also lose whatsoever benefit(s) that you may initially be entitled to from the original package (including but not limited to any savings made from the package).
(b) In the event a Vendor were to cancel an element of a travel package, Mayflower may at its absolute discretion either choose to cancel that particular package as a whole, or substitute it with another element which is substantially equivalent to the cancelled element. Mayflower shall not be liable to any cancellation of a travel package by a Vendor and/or the consequences of that particular element cancellation.
12.5 Subject to the imposition of the Administration Fees (as defined in Clause 13.1 below), Mayflower may assist in liaising with the respective Vendor(s) to process your request for change, cancellation and/or refund. In the event of any refund by the Vendor(s), Mayflower reserves the right to set-off the Administration Fees and/or such other fees as may be due and owing by you to Mayflower from the Vendor(s)’ refunds before the balance sum is remitted to you.
13 Mayflower’s fees
13.1 Mayflower may impose the following fees upon you in the provision of the Services:-
(a) Mayflower will charge a sum of RM100.00 as administration fees to process any of your requests for amendment, cancellation and/or refund (“Administration Fees”). Please note that this Administration Fees is not inclusive of any amendment or cancellation charges as may be imposed by the respective Vendors.
(b) In the event where you require Mayflower’s assistance in booking any of the products and/or services offered by the respective Vendor via the Site, you will be charged a booking fee of RM100.00 for the processing of each request by Mayflower (“Booking Fees”).
13.2 Mayflower reserves the absolute discretion to:
(a) revise the Administration Fees and/or Booking Fees; and/or
(b) impose such other fees and at such rate as it may deem fit for the provision of the Services
from time to time. The revision of the fees and/or the imposition of any new fees by Mayflower shall be effective upon the date of their publication on these Terms.
14.1 The rating system on this Site is provided for your reference only, and Mayflower does not guarantee the accuracy of the ratings. The existing ratings are based on information given by third parties such as suppliers, users or other review websites.
15 Privacy Protection
15.2 By providing personal information relating to the Relevant Individual(s) to Mayflower, you:
(a) confirm that you have obtained the consent of the Relevant Individual(s);
(b) agree to ensure that the personal information of the said Relevant Individual(s) is accurate;
(c) agree to update Mayflower in writing in the event of any change to the said personal information; and
(d) agree to Mayflower’s right to suspend/terminate your account or suspend any of the Services under this Site or cancel your reservation (including the confirmation reservation) should such consent be withdrawn by any of the said Relevant Individual(s).
16.1 You shall receive, investigate and handle all complaints received from your customers with a view to securing and maintaining the goodwill of the public toward the products or services obtained by you through this Site, Mayflower and Vendor. You shall promptly inform and update Mayflower of the same.
17 Troubleshooting and Support Service
17.1 Mayflower will provide the self-service troubleshooting guidelines to assist you in relation to the operation and use of this Site and the Services offered via this Site.
17.2 In addition to the above, Mayflower may also provide support services to you via any one of the following methods:-
(a) over the telephone;
(b) e-mail; or
(c) on-site live chat.
18 Governing law, jurisdiction & limitation of action
18.1 These Terms are governed exclusively by and are to be interpreted in accordance with the laws of Malaysia. Any and all actions, disputes or controversies arising out of or in relation to these Terms and/or the use of this Site shall be submitted to the exclusive jurisdiction of the court of Malaysia.
18.2 You agree that you will bring any claim or cause of action arising from or relating your access or use of this Site within two (2) years from the date on which such claim or action shall arise or accrued, failing which you shall be deemed to have irrevocably waived your cause of action against Mayflower.
19.1 Mayflower shall not be held liable for any non-performance or violation of these Terms, or any damage or harm to you and/or any third parties caused by any act or condition which is unforeseeable and is beyond Mayflower’s reasonable control (“Force Majeure Event”). Force Majeure Event shall include but not limited to natural disaster, epidemic, riot, war, embargo, sanctions, changes in laws or regulations, civil disorder, labor strikes and so forth.
19.2 If any one or more of the provisions of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not be affected in any way or impaired thereby.
19.3 Failure by Mayflower to enforce any provision of these Terms at any time shall not be construed as a waiver of Mayflower’s right to enforce the breach of such provision or any other provision in these Terms, or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
19.4 All notices, demands or other communications required to be given or made to Mayflower shall be made in writing and delivered by personal service, prepaid registered post or email at the address, facsimile and/or email address as set out hereunder (or to such other address and/or email address as may be notified by Mayflower to you from time to time):-
Address: : Menara Mayflower, No. 1, Jalan Metro Pudu 1,Fraser Business Park, Off Jalan Yew,55100 Kuala Lumpur, Malaysia.
Phone No. : +603-9232-1888
Email address : firstname.lastname@example.org