TERMS & CONDITIONS
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Tour Terms and Conditions:
1. Food and Beverage consumption
1.1 All Food and Beverages are both halal and non-halal as per the nature of the food establishments. Alcoholic beverages, food items, souvenirs and other items not purchased by the Guide. will not be included in the Tours.
1.2 All Food and Beverages consumed during the Tour or food souvenirs are from third-party establishments (i.e. restaurants, cafes, markets and other related food establishments). We play no role in procuring ingredients or preparing the food/beverages served. Hence, we are unable to take any responsibility for any sickness, illness or injury caused to you or your companions as a result of visiting these establishments or consuming their food and beverages within.
1.3 You understand, accept, and take full responsibility for the potential risks and hazards of consuming foods and beverages during the Tour.
2. Dietary Restriction, Allergies and Medical Condition
2.1 You are required to let us know of any (a) dietary restrictions, (b) allergies and (c) other medical conditions related to either walking or eating/drinking, at the time of booking for the Tour.
2.2 While there is no guarantee of our being able to accommodate any dietary restrictions, we will do our level best to do so.
2.3 In the case of dietary restrictions or allergies, it is imperative that you remind us of the allergy before consuming any food/beverage during the Tour, so that we can verify with the restaurant/food establishment regarding the ingredients.
2.4 While we will do our level best to see that allergies that have been communicated to us are well taken care of, we cannot take any responsibility for any incidents resulting due to allergies caused to you as a result of food or beverage consumption from third party establishments during the Tour.
2.5 In the case of any extreme allergies or medical conditions, we reserve the right to request you to not attend the Tour, and will refund the full price of the ticket booking.
3. Tour participation
3.1 You understand and confirm that your participation in the Tours is completely voluntary.
3.2 Children are welcome to join in the tour. However, you take full responsibility for ensuring that you and/or your children are mentally and physically capable of participating in the Tour.
3.3 You agree to comply with the instructions in English of the tour (food) guides.
3.4 If in the opinion of the tour (food) guides, your behavior or physical condition is detrimental to the safety, welfare and well-being of the group as a whole, or if we consider that your general well-being will be put at risk by continuing with the Tour, you may be asked not to participate in the Tour without the right to any refund of the price.
3.5 You fully comprehend and accept all of the risks associated with your and your child’s participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. You understand that the tours take place in public venues under conditions largely beyond our control.
4. Tour Participant Conduct
4.1 At all times during the Tour, you are expected to have consideration for your fellow tour participants and other third parties. For the benefit of everyone, we reserve the right to remove any participant whose conduct is deemed to pose a risk or nuisance to others. We will not refund or cover any cost or expenses incurred due to unacceptable behavior.
5. Reservation and Payment
5.1 Prices quoted are in RM (Ringgit Malaysia) unless stated otherwise.
5.2 Payment made must be in full 24 hours prior to the tour as confirmation.
5.3 Credit Card payments are collected by STRIPE PAYMENTS MALAYSIA SDN. BHD. or Wise Payments Malaysia Sdn. Bhd. or PayPal Pte. Ltd. each acting as an authorized agent of Local Culinary Experiences Sdn Bhd. The domain where you enter and process your payment is owned and operated by the respective payment gateway provider.
6. Cancellation and refund
6.1 Should you, for any reason, no longer be able to attend the Tour after having received a confirmation of a paid booking, you are required to contact us immediately via email.
6.2 Cancellation of join-in / public tour(s) less than 24 hours prior to the start of the tour is not refundable.
6.3 Cancellation of join-in / public tour(s) more than 24 hours prior to the start of the tour will receive a full refund or the tour booking can be rescheduled to another date upon availability.
6.4 Cancellation of custom and private tour(s) less than 72 hours prior to the start of the tour is not refundable.
6.5 Cancellation of custom and private tour(s) more than 72 hours prior to the start of the tour will receive a full refund, or the tour booking can be rescheduled to another date upon availability.
6.6 If any case of Cancellation from Simply Enak, we expressly reserve the right to cancel a Tour at any time, in the case of unforeseen circumstances, even though this situation is highly unlikely to arise. In a situation where we have canceled the Tour at our end, we will fully refund all ticket bookings for that day OR reschedule the Tour to another date of your preference OR provide a free replacement Tour for your next visit to the country.
7. Tour price
7.1 The tour price does include the all Food and Beverages that the tour (food) guides recommend and orders for the group at each food establishment throughout the tour.
7.2 The tour price does not include any Food and Beverages that the tour participant may choose to order, beyond what is already ordered by the tour (food) guides. In such cases, the tour (food) guides will collect the extra payment from the tour participant for the food and beverages ordered beyond our menu selections.
8. Minimum Tour Attendance
8.1 Our public tours are subject to at least 2 people signing up for the tours. In the unfortunate event that we do not have the minimum tour group size, we may reach out for cancellation at least a day prior to the tour and refund any payments made towards booking the tickets. Or we may offer you a one-person private tour
8.2 Our private tours are determined on a case-by-case basis and will be communicated to the participant(s) at the time of booking a private tour.
9. Transportation: Walking and Mobile Transport
9.1 While the Tour will not at any point involve more than 20 minutes of continuous walking, the overall walking time may add up to 60 minutes or more. When you sign up for the Tour, you agree that you are fit to walk for at least 60 minutes in total.
9.2 You are responsible for your own safety while walking during the Tour. We will do everything in our capacity to follow a safe Tour route, but we do not claim responsibility for any illness, injuries, accidents, loss, damage or theft caused to you by a third party (either person or organization) during the Tour.
10. Limitation of Liability
10.1 Street food: The guest is aware and agrees that street food will be part of the activity and that any risk taken by the consumption by the Guests of street food is entirely at the risk of the Guest. The Company is and shall not be held liable for any sickness or health issues directly or indirectly related to or caused by the consumption of any food and/or beverages as part of the activity carried out in the Food Tour. You hereby agree to the terms and conditions listed on the Limited Liability form listed here.
10.2 In view of the above, the guest agrees and acknowledges that the Guests purchases private liability insurance prior to participating in a Food Tour to be conducted by the Company.
11. Personal Belongings.
11.1 You are wholly responsible for your own personal belongings throughout the Tour. We are unable to claim responsibility for any belonging that may have been lost or stolen from you by a third party during the Tour.
12. Simply Enak’s Public Holiday / Non-Working Days
12.1 All major holidays as listed below are gazette Malaysian Public Holidays and are non-working days for the Company and the Guides. Reservations and queries will be answered within 48 hours from the subsequent working day. Malaysian Public Holidays: New Year’s Day; Chinese New Year Day 1 and 2; Labour Day; Hari Raya ‘Aidil Fitri Day 1 and 2; Deepavali; Christmas Day.
Simply Enak does not provide liability insurance for the protection of individuals, groups, organizations, businesses, spectators, or others who may participate in the food tour(s)/food experiences. In consideration for your participation in the said food tour(s)/food experiences, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Simply Enak, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, food poisoning and allergies, loss or injury, which hereafter may be sustained by participating in the food tour(s)/food experiences.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, food poisoning and allergies, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
You hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify Simply Enak and its officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in food tour(s)/food experiences.
It is further understood and agreed that said participation in the food tour(s)/food experiences is not to be construed as an admission of any liability and acceptance of assumption of responsibility by Simply Enak, its officers, board, and employees, jointly and severally, for all damages and expenses for which Simply Enak, its officers, board and employees, become liable as a result of any alleged act of the parade participant.