Terms & Conditions

Terms & Conditions

Last updated: September 5, 2025

These Terms & Conditions form the contractual basis with Bike and Tours and apply to all bookings unless stated otherwise below. Bike and Tours operates via two legally distinct entities:

0. Contracting Entity & Product Mapping

Depending on the product you book, your contract is concluded with one of the following legal entities. The applicable governing law and jurisdiction follow the contracting entity.

Note: In some itineraries, Bike and Tours GmbH acts as your contracting party and subcontracts on-ground services to Bike and Tours Sdn. Bhd., which then invoices the Swiss entity for delivered services. Your customer invoice will always show the contracting entity for your booking.

PLEASE READ CAREFULLY

Purchasing any services from Bike and Tours constitutes a contractual arrangement with the applicable contracting entity and your acceptance of these Terms & Conditions.

1. Bookings & Payment

We arrange transportation, accommodation, meals, excursions and other services in cooperation with independent suppliers. All itinerary information is provided to the best of our knowledge based on the latest available sources. We are not liable for third-party changes after dispatch or for obvious typographical errors.

• Please advise preferences or special requests (medical needs, diets, disabilities, etc.) before confirmation. We accommodate where possible.
• All packages are subject to availability and are not guaranteed until confirmed by us in writing.
• We may adjust schedules, transportation, accommodation or services in the itinerary due to unforeseen circumstances prior to arrival.

1.1 Deposit & Balance

• A 50% deposit is due upon confirmation. Bookings are not secured until your deposit is received and our confirmation issued.
• We reserve the right to release/cancel bookings if deposits are not received by the due date.
• Please review your invoice and notify us of inaccuracies within 5 days of issue; otherwise, changes may not be possible. In case of billing errors we may re-invoice with correct pricing.

1.2 Payment Methods

Payments by bank transfer. All bank charges are borne by the payer.

2. Cancellation Policy

Cancellations must be made in writing. Any refund is net of supplier fees, Bike and Tours administration fees, bank charges and other costs already incurred.

• No refunds for cancellations made less than 30 days before the scheduled start date of your tour/stay.
• We may cancel services for reasons beyond our control (e.g., natural disaster, Acts of God, adverse weather, pandemic, lockdown, border closure, war, political instability, safety concerns). Where feasible, we will explore reasonable alternatives or credits.
• The above non-refundability within 30 days also applies to cancellations arising from flight unavailability/cancellation or other force majeure events.

Strongly recommended: comprehensive travel insurance (see Section 5).

3. Mount Kinabalu Park & Summit Programs

Bookings for Mt. Kinabalu Park Accommodation and Kinabalu Summit Programs require full payment upon confirmation and are 100% non-refundable. In case of no-show, the accommodation is deemed used. These policies are set by the mountain operators, not Bike and Tours.

4. Tour Inclusions

Each trip includes different services (activities, meals, transport). Please refer to your itinerary for exact inclusions.

5. Insurance (Mandatory)

• Valid travel and medical insurance is required for participation and must cover the territory of travel (e.g., Malaysia and/or Switzerland).
• Coverage must include comprehensive medical treatment and emergency evacuation.
• Bike and Tours does not cover medical or evacuation costs. Please email us a copy of your policy for the booked tour.

6. Limited Liability

• We use trusted third-party suppliers, but do not control their operations. While chosen with care, we are not liable for their errors or omissions.
• Bike and Tours shall not be liable for any loss, damage, personal injury or death of any nature, to person or property.
• We are not responsible for direct or indirect costs related to loss or damage of baggage or personal possessions.
• No liability or compensation for events beyond our control (force majeure), including but not limited to: flight delays/cancellations, war, riots, political unrest, terrorist acts, border closure, pandemic, acts of government or authorities, strikes, theft, epidemics, road closures, natural or nuclear disaster, extreme weather, fire, or technical/mechanical transport problems.

Guests are responsible for valid passports, visas, permits, health certificates and all other required travel documentation.

7. Medical Advice

We are not medical experts. Please obtain professional medical advice regarding pre-existing conditions, vaccinations and prophylaxis. Some tours may require an official medical examination.

8. Privacy

Personal information (e.g., name, contact, medical conditions, travel documents, disabilities, dietary requirements) will be handled with care and shared only with third parties as necessary for bookings and administration.

9. Leader Authority & Conduct

• Guests must follow the instructions of our leaders/guides and comply with local laws and customs.
• If you commit an illegal act, behave disruptively, or endanger yourself/others, you may be asked to leave the tour. No refunds or compensation will be paid; we may claim costs incurred due to such behaviour.

10. Participation Requirements

• Please ensure you are fit and able to participate before booking.
• Mobility impairments, illnesses or disabilities must be disclosed at booking. Failure to disclose may result in exclusion without refund.

11. Governing Law & Jurisdiction

These Terms apply to both entities. The contracting entity for your booking (Section 0) determines the applicable governing law and exclusive place of jurisdiction:

• Bike and Tours GmbH (Switzerland): Swiss law; exclusive jurisdiction Sarnen, Switzerland.
• Bike and Tours Sdn. Bhd. (Malaysia): Malaysian law; jurisdiction in Sabah, Malaysia.

12. Photography & Testimonials

You agree that we may use photographs or video footage taken during tours for media or marketing purposes (brochures, slides, video, online). Written feedback may also be used for promotional purposes. We retain copyright and moral rights in media we create.

A concise summary of key terms may be shown on product pages. This document constitutes the full terms for both entities, subject to the contracting party selected for your booking (Section 0).

Privacy & Data Protection

Personal information (e.g. name, contact details, passport information, medical conditions, dietary requirements) is collected solely for processing your booking and ensuring your travel arrangements run smoothly. Data may be shared with trusted suppliers (such as hotels, transport providers, and national park agencies) only as required to deliver confirmed services. We do not sell or trade personal information to third parties.

For full details on how we collect, use, and protect your data in accordance with Malaysia’s PDPA, Switzerland’s nDSG, and the EU GDPR, please refer to our Privacy Notice.