Terms and Conditions
These Terms & Conditions apply to all bookings made for wildlife safaris, tours, transfers, accommodation, activities and related travel services offered by LOST BORNEO TOURS SDN BHD (“we”, “us”, “our” or “the Company”).
By making a booking or paying a deposit, you acknowledge that you have read, understood and agreed to these Terms & Conditions.
Booking and Payment Terms
1. Booking and Confirmation
A booking is considered confirmed only after we have received the required deposit or full payment and have issued written confirmation.
The booking confirmation will normally include the agreed itinerary, travel dates, number of participants, accommodation arrangements, price and payment schedule.
All bookings are subject to availability. We reserve the right to make reasonable changes to the itinerary when necessary due to operational, environmental, weather or wildlife-related circumstances.
2. Payment
Unless otherwise agreed in writing, a deposit is required to secure your booking.
The remaining balance must be paid according to the payment schedule stated in your booking confirmation.
For online credit-card payments, an additional 4.3% bank/payment processing charge may apply to the total amount.
If the required payment is not received by the stated deadline, we reserve the right to cancel the booking and apply the applicable cancellation conditions.
3. Prices
Prices are based on the services and arrangements stated in your quotation or booking confirmation.
Unless specifically stated, prices may not include international flights, travel insurance, personal expenses, alcoholic beverages, personal equipment, additional activities, additional accommodation, or other services not expressly included in the itinerary.
We reserve the right to correct genuine pricing or calculation errors.
4. Itinerary and Wildlife Conditions
Deramakot Forest Reserve is a remote tropical rainforest environment. Wildlife sightings are naturally unpredictable.
Although our guides and drivers will make every reasonable effort to locate wildlife, no specific animal sighting can be guaranteed.
The timing and duration of wildlife drives, forest activities and other excursions may change according to weather, road conditions, wildlife activity, forest regulations and operational considerations.
An absence of wildlife sightings does not constitute a failure to provide the safari service.
5. Changes to the Itinerary
The itinerary provided at the time of booking represents the planned programme.
We may make reasonable changes when required because of:
Heavy rain or flooding
Poor road conditions
Landslides or other natural events
Wildlife or forest conditions
Government or Forestry Department regulations
Safety considerations
Vehicle or equipment problems
Accommodation or logistical issues
Other circumstances beyond our reasonable control
Where possible, we will provide an alternative arrangement of comparable value.
6. Weather and Natural Conditions
Deramakot is a remote rainforest destination and weather conditions can change rapidly.
Heavy rainfall may affect roads, river crossings, forest tracks and other activities. Certain activities may therefore be delayed, shortened, changed or cancelled when conditions make them unsafe or impractical.
We cannot accept responsibility for disruption caused by natural weather conditions beyond our reasonable control.
7. Transportation
Transportation to and within Deramakot may involve long journeys on unsealed forest roads and other remote routes.
Travel times are approximate and may vary depending on road, traffic, weather and forest conditions.
Guests are expected to follow the instructions of drivers and guides at all times.
8. Accommodation
Accommodation included in your booking will be as specified in your itinerary or booking confirmation.
In remote areas, accommodation may have fewer facilities than hotels in cities or developed tourist destinations.
Temporary interruptions to electricity, hot water, internet access, air-conditioning or other facilities may occur due to the remote nature of the destination.
Such interruptions do not automatically constitute grounds for a refund.
9. Health and Fitness
Guests are responsible for ensuring that they are physically and medically able to participate in the activities included in their itinerary.
Some safari activities may involve long vehicle journeys, uneven terrain, walking, heat, humidity, insects and other conditions associated with a tropical rainforest environment.
You should inform us before travelling of any relevant dietary requirements, mobility limitations, allergies or other conditions that may affect your participation or safety.
We may recommend or require an alternative arrangement where participation in a particular activity presents a significant safety concern.
10. Travel Insurance
We strongly recommend that all guests obtain comprehensive travel insurance before travelling.
Your insurance should cover, where appropriate:
Trip cancellation and interruption
Medical expenses
Emergency evacuation
Personal belongings
Delayed or missed transportation
Personal liability
Activities undertaken during the safari
Guests are responsible for arranging their own insurance.
11. Personal Belongings
Guests are responsible for their personal belongings throughout the trip.
We are not responsible for loss, theft or damage to personal property unless caused by our proven negligence.
We recommend that valuable items, passports, cash and electronic equipment are kept secure.
12. Cancellation by the Guest
Cancellation requests must be submitted to us in writing.
Cancellation charges may apply depending on how close the cancellation is to the scheduled arrival date and whether non-refundable costs have already been incurred.
Unless otherwise stated in your booking confirmation, the following cancellation policy applies:
The cancellation period is calculated based on the number of days before the scheduled arrival date.
45–30 Days Before Arrival
40% of the total booking amount will be refunded.
29–15 Days Before Arrival
25% of the total booking amount will be refunded.
14 Days or Less Before Arrival
No refund will be issued.
No-Show
No refund will be issued.
Any applicable bank, payment-processing, transfer or third-party charges may be deducted from the refundable amount.
Travellers are strongly encouraged to purchase comprehensive travel insurance covering trip cancellation, interruption, medical expenses and other unforeseen circumstances.
13. Cancellation or Changes by Us
We reserve the right to cancel or substantially modify a trip when circumstances beyond our reasonable control make it necessary or unsafe to operate.
Such circumstances may include natural disasters, severe weather, government restrictions, forest closures, road closures, epidemics, civil disturbances or other force majeure events.
Where we cancel a trip before departure for reasons within our control, we will discuss the available options with the affected guest, which may include rescheduling or a refund of eligible amounts.
Refunds do not necessarily include costs paid independently by the guest, such as international flights, visas, travel insurance or other arrangements outside our booking.
14. Force Majeure
We shall not be liable for failure or delay in performing our obligations where this results from circumstances beyond our reasonable control.
Such circumstances may include natural disasters, extreme weather, flooding, fire, disease outbreaks, government action, forest closures, war, civil unrest, strikes, transportation disruption, road closures or other unforeseen events.
15. Permits and Government Regulations
Access to Deramakot Forest Reserve is subject to applicable Sabah Forestry Department rules, permits and regulations.
Guests must comply with all applicable regulations and instructions from forest authorities, guides and other authorised personnel.
Where permits or access arrangements are required, we will make reasonable efforts to arrange them as part of the agreed service.
16. Wildlife and Environmental Responsibility
Deramakot is a protected forest environment and guests are expected to respect the rainforest, wildlife and local communities.
Guests must not:
Feed or attempt to touch wildlife
Disturb or chase animals
Remove plants, rocks or other natural materials
Leave rubbish in the forest
Make excessive noise around wildlife
Engage in activities that violate forest regulations
Ignore instructions given by guides or forest authorities
We reserve the right to remove a guest from an activity if their behaviour creates a serious safety, environmental or wildlife-conservation concern.
17. Guide and Staff Instructions
For the safety of all participants, guests must follow reasonable instructions given by guides, drivers and other staff.
We reserve the right to discontinue an activity for an individual guest where their behaviour creates a significant risk to themselves, other guests, staff, wildlife or the environment.
No refund will normally be provided for activities discontinued because of a guest's unsafe or inappropriate behaviour.
18. Children and Minors
Children are welcome on selected programmes, subject to the suitability of the itinerary and accommodation.
Parents or legal guardians are responsible for supervising children throughout the trip and ensuring that they follow safety instructions.
Certain activities may have age or safety restrictions.
19. Dietary Requirements
Guests should inform us of dietary requirements or food allergies at the time of booking.
We will make reasonable efforts to communicate these requirements to accommodation providers and food suppliers.
However, in remote locations, the availability of specialised ingredients may be limited.
Guests with serious food allergies should discuss their requirements with us before confirming their booking.
20. Photography and Media
Guests are welcome to take photographs and videos during the safari provided that doing so does not disturb wildlife, other guests, guides or local communities.
Guests should follow guide instructions regarding the use of flash photography, lighting and other equipment around wildlife.
We may take photographs or videos during tours for operational, promotional or marketing purposes. We will respect reasonable requests concerning identifiable personal images.
21. Responsible Travel
We aim to operate our safaris in a manner that respects Sabah's forests, wildlife, local communities and conservation efforts.
Guests are expected to travel responsibly and respect local customs, communities, wildlife and environmental regulations.
Our safari operations may support local guides, drivers, accommodation providers, suppliers and communities connected to the destination.
22. Guest Conduct
We expect all guests to behave respectfully towards staff, guides, other travellers, local communities and the natural environment.
We reserve the right to terminate participation without refund where a guest engages in serious misconduct, including threatening behaviour, harassment, violence, illegal activities, excessive intoxication or behaviour that places others at risk.
23. Liability
We will take reasonable care in arranging and providing the services described in your booking.
However, we are not responsible for loss, injury, delay, damage or additional expenses arising from circumstances beyond our reasonable control or from services provided independently by third parties.
Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
24. Third-Party Services
Certain services may be provided by independent third parties, including accommodation providers, transportation operators, restaurants, boat operators, government agencies and other local suppliers.
Where such services are included in your itinerary, we will make reasonable efforts to select reliable providers.
However, their services may be subject to their own terms, conditions and operational limitations.
25. Complaints
If you experience a problem during your safari, please inform your guide or our representative as soon as reasonably possible.
Many problems can be resolved more effectively while the trip is in progress.
If the matter cannot be resolved during the trip, a written complaint should be submitted to us as soon as reasonably possible after the end of the trip, with relevant details and supporting documentation.
26. Passports, Visas and Travel Documents
Guests are responsible for ensuring that they have valid passports, visas, permits and other documents required for their travel to Malaysia and Sabah.
We recommend checking the latest entry requirements with the relevant Malaysian authorities or your country's official travel information before departure.
We are not responsible for costs resulting from a guest's failure to obtain the required travel documentation.
27. Personal Data and Privacy
Personal information provided during the booking process will be handled in accordance with our Privacy Policy and applicable data-protection requirements.
We may need to share necessary information with accommodation providers, transport operators, government authorities, guides or other suppliers in order to provide the booked services.
28. Acceptance of Terms
By submitting a booking, paying a deposit or making full payment, you confirm that you have read and accepted these Terms & Conditions.
These Terms & Conditions apply together with the specific conditions stated in your booking confirmation or quotation.
29. Changes to These Terms
We reserve the right to update these Terms & Conditions from time to time.
The version applicable to your booking will generally be the version in effect at the time your booking is confirmed, unless changes are required by law or are mutually agreed.
30. Governing Law
These Terms & Conditions shall be governed by the laws applicable in Sabah, Malaysia.
Any dispute arising from or relating to these Terms & Conditions shall, where possible, first be resolved through good-faith discussion between the parties.
Where a dispute cannot be resolved amicably, it shall be subject to the applicable courts and laws of Malaysia.
Lost Borneo Tours
Sabah, Malaysia