Term & Condition

Terms & Conditions

These Terms & Conditions of Carriage are the conditions on which Odyssey Travel Sdn Bhd and Odyssey Coaches Pte Ltd (“Odyssey”) carries any person and their property and these conditions shall apply to each booking contract made for travel and ticket issued by Odyssey and each contract to carry any person entered into by Odyssey.

Any person who travels on an Odyssey Service shall be considered to have agreed to be carried on these Terms & Conditions of Carriage.

Article 1. INTERPRETATION

1.1 Definitions

In these Terms & Conditions of Carriage, the following words and expressions shall have the following meanings:-

“Booking” means your booking for travel on an Odyssey Service upon which a reservation is made and the Fare are paid;

“Booking Confirmation”, “Odyssey eTicket”, “eTicket” means a print out of the document published on the Internet or email send by us, or on our behalf, to the person making the booking which sets out our agreement to carry or arrange for the carriage of any person, including the services on which travel is booked and the fare paid;

“Booking Confirmation Number”, “Odyssey Pin”, “Pin” means the reference number allocated to each passenger booking.

It is the means by which an individual booking is identified;

“Boarding Pass” means any Boarding Pass issued by us or on our behalf in exchange with the presentation of the Booking Confirmation, Odyssey eTicket printout prior to boarding any of our services;

“Adult’s ticket” means any ticket issued by us or on our behalf to carry out or arrange for the carriage of adults on the following terms:-

(a) any person above the age of 12;

“Child’s ticket” means any ticket issued by us or on our behalf to carry out or arrange for the carriage of children on the following terms:- .

(a) children under 12 at a reduced fare.

“Odyssey” means Odyssey Travel Sdn Bhd and Odyssey Coaches Pte Ltd, companies registered in Malaysia and Singapore, with registered numbers 780870-D and 200707226W respectively, and whose registered offices are at 2-13A, Level 2, Perdana The Place, Jalan PJU 8/5G, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia and 400 Balestier Road, Balestier Plaza, #01-08 Singapore 329802 respectively; .

“Odyssey Services” means any journey to be made, provided or arranged by Odyssey or on behalf of Odyssey for the purposes of carrying persons and their luggage, which is set out in a timetable published by Odyssey; .

“Odyssey Vehicle” means the minibus, van, bus, coach or other road vehicle or other means of transport provided by us, or any other carrier on which you are traveling; .

“Coach” means the coach, bus or other road vehicle or other means of transport provided by us, or any other carrier on which you are traveling;

“Journey” means each journey you are entitled to make on an Odyssey Coaches Vehicle as set out on your Booking Confirmation;

“Fare” means the price charged to you by Odyssey for each seat booked for a Journey on a Odyssey Service (excluding any surcharge, if applicable) in respect of a Booking made either via Our Website, in person at any of departure and arrival points, offices, locations, centres of agents and through our Info / Booking Lines; “Our Website” means Odyssey’s website www.odysseynow.com.my.

1.1 Definitions

In these Terms & Conditions of Carriage, the following words and expressions shall have the following meanings:-

“Luggage” means any property which you bring onto a coach or into any Odyssey departure and arrival points, including any property carried on your person;

“Service” means any journey to be made by an Odyssey Vehicle provided or arranged by us or on our behalf for the purpose of carrying persons and their luggage, which is set out in a timetable published by us;

“Station” means any coach or railway station or air or sea port or stop where a service is to be joined or left or through which a service may pass;

“Odyssey Deck at eCurve” refers to the departure and arrival point at Lot No. K-LG-01, Lower Ground Floor, eCurve, No2A, Jalan PJU 7/3, Mutiara Damansara, 47810, Petaling Jaya, Selangor, Malaysia.

“Odyssey Centre at Balestier Plaza” refers to the departure and arrival point at Singapore, located at Balestier Road, # 01-08;

“We” , “Us” and “Our” refers to Odyssey Travel Sdn Bhd and Odyssey Coaches Pte Ltd, companies registered in Malaysia and Singapore, with registered number 780870-D and 200707226W respectively, and whose registered offices are at 2-13A, Level 2, Perdana The Place, Jalan PJU 8/5G, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia and 400 Balestier Road, Balestier Plaza, #01-08 Singapore 329802 respectively, including the following trade name: Odyssey;

“Working day” means a day other than a Saturday, Sunday and Public Holiday for both Malaysia and Singapore on which the clearing banks in Malaysia and Singapore are open to the public for the transaction of business;

“Passenger”, “You”, “Your” and “Yourself” means any person or persons, except members of the crew, who we have agreed to carry or arranged to be carried, being the person or persons who made a Booking or for whom a Booking was made or being the person or persons who purchased a ticket or for whom a ticket was purchased, or any person who travels on a service with or without a ticket;

1.2 Captions

The title or caption of each Articles of these Terms & Conditions is for convenience only and not to be used for interpretation of the text.

1.3 References

In this Agreement, a reference to the singular shall include the plural and vice versa.

Article 2. CARRIAGE

2.1 Our agreement to carry you: We agree to carry you and your luggage on the journey permitted by your Booking Confirmation, Odyssey eTicket, Ticket or Boarding Pass, on and subject to these Terms & Conditions of Carriage.

2.2 Carriage of children and young persons: Children under 12 years of age will not be accepted for carriage unless that child is accompanied by a responsible person aged 16 or over. One child under 2 years of age and not occupying a seat may travel free of charge if accompanied by a full fare paying passenger over the age of 16. Additional children under the age of 2 will be charged the applicable Fare.

2.3 Your Booking Confirmation, Odyssey eTicket or Boarding Pass: Your Booking Confirmation, Ticket or Odyssey Coaches eTicket is a record of our agreement to carry you or to arrange for your carriage on which a travel is booked and you have paid the Fare. If your Booking was made or purchased by someone else, you agree that such person who booked or purchased the journey as your agent. Boarding Pass may only be used by the person(s) named in it or for whom it has been purchased, and may not be transferred to or used by anyone else.

2.4 Validity of your Booking Confirmation, Odyssey eTicket or Boarding Pass:

(a) Travel permitted by your Booking Confirmation, Odyssey eTicket, or Boarding Pass: Your Booking Confirmation, Odyssey eTicket, or Boarding Pass permits you to make the journeys and travel on the services, days of the week, dates and times within a day stated on the Booking Confirmation, Odyssey eTicket or Boarding Pass, subject to any restrictions or statements as to the services, dates, days of the week, and times within a day on which you may travel.

(b) Expiry of your Booking Confirmation, Odyssey eTicket or Boarding Pass; when your Booking Confirmation, Odyssey eTicket or Boarding Pass expires, it is no longer valid for travel.

(c) Ownership of Boarding Pass: Your Boarding Pass remains our property at all times and if a Boarding Pass is defaced,damaged or tampered with, or lost, it is not valid for travel. We reserve the right to refuse to issue a replacement Boarding Pass in such circumstances.

2.5 Amendments to your ticket:

Validity of your Booking Confirmation, Odyssey eTicket or Boarding Pass:

(a) Cancelling/ amendments to your booking: We do not allow any amendments or cancellation. We do not provide refunds if you cancel your Booking.

Article 3. CARRIAGE BY OTHER CARRIERS

3.1 Carriage by other carriers:

(a) We may arrange carriage by another carrier: If, for operational reasons, a substitute carrier operates an Odyssey Service on our behalf then such substitute carrier will be treated as our sub-contractor and these Terms & Conditions of Carriage shall apply.

3.2 Liability in relation to carriage by another carrier:

(a) Liability of Other Carrier: If you have a separate contract for carriage with any carrier, then we shall have no liability to you if that carrier fails or delays in carrying you, or for any other act or omission of that carrier, and you shall make your claim for any loss or damage you suffer against that carrier.

(b) Our Liability: If we do have any liability to you for any act, omission, negligence, or default of any other carrier (whether or not you have a separate contract with that carrier) then our liability to you shall be as if we had carried you on and subject to these Terms & Conditions of Carriage and that carrier were our sub-contractor.

(c) Entitlement of the Other Carrier: Where you are carried by any other carrier for the whole or any part of a journey, you shall owe your obligations under these Terms & Conditions of Carriage and any Special Conditions to that carrier as well as us, and that carrier shall be entitled in common with us to the benefit of any rights, remedies or limitations of liability which we have set out in these Terms & Conditions of Carriage and any applicable Special Conditions.

Article 4. PASSENGER RESPONSIBILITIES

4.1 You must check your Booking, Booking Confirmation or Odyssey eTicket: You must check your Booking, Booking Confirmation or Odyssey eTicket for errors as soon as you receive it. If your Booking Confirmation Print Out, Odyssey eTicket was issued to you in person from our departure and arrival points or agents, then you should check it at that time and bring any errors immediately to the attention of the person who issued it to you.

If your Booking, Booking Confirmation or Odyssey eTicket was delivered to you by post or any other method, then you must inform us of any errors no later than two (02) working days after you receive it and in any event prior to the stated departure time of the service.

If your Booking is from Our Website, you must check the details in the ticket purchase screen of the www.odysseynow.com.my site. You will not be permitted to make any amendments to the Odyssey eTicket or correct any errors in its details once you have clicked the “Purchase Your Ticket” button. Once you have pressed the “Purchase Your Ticket” button a Booking Confirmation with a Pin Number will be displayed.

4.2 Exchanging Your Booking Confirmation Print Out or Odyssey eTicket with a Boarding Pass: You must present a printout of your Booking Confirmation or eTicket to our Customer Care representative at our departure and arrival points on the day of travel prior to boarding our coach in exchange for a Boarding Pass with the same travel detail printed on it.

4.3 You must check your Boarding Pass: For errors as soon as you receive it and bring any errors immediately to the attention of the person who issued the ticket to you.

4.4 You must present your Boarding Pass to our Customer Care Representative when boarding an Odyssey Coaches Vehicle. If you are unable to provide your Boarding Pass or Booking Confirmation you will not be permitted to travel. No refund will be provided for any Booking not utilised as a result of a failure to present your Boarding Pass or Booking Confirmation.

You must travel with your Boarding Pass whenever you travel on a service, and you must produce your Boarding Pass for inspection when asked. During inspection Odyssey have the rights to refuse any passengers on-board, if failed to produce the boarding pass upon inspection.

Fraudulent Booking Confirmation, Odyssey eTicket or Boarding Pass: If we have reasonable grounds for considering that a Booking Confirmation, Odyssey eTicket or Boarding Pass has been fraudulently used, we reserve the right to confiscate the Booking Confirmation, Odyssey eTicket or Boarding Pass and prevent you from travelling on our services. No refund will be provided for any travel refused on the basis that fraudulent use of a Booking Confirmation, Odyssey eTicket or Boarding Pass is suspected, and we shall have no further obligations or liability to you.

4.6 Care of your Booking Confirmation, Odyssey eTicket or Boarding Pass: You must take care of your Booking Confirmation, Odyssey eTicket or Boarding Pass.

(a) LOST BOOKING CONFIRMATIONS, Odyssey eTICKETS OR BOARDING PASSES: WE ARE NOT OBLIGED TO REPLACE YOUR BOOKING CONFIRMATION, eTICKETS OR BOARDING PASS IF IT IS LOST, MISLAID OR STOLEN. YOU WILL BE REQUIRED TO PAY FOR A NEW BOOKING TO ENABLE YOU TO TRAVEL.

(b) SPOILED OR TAMPERED BOARDING PASSES: IF YOUR BOARDING PASS IS SPOILED OR TAMPERED WITH, IT WILL BE INVALIDATED, AND IF YOU TRAVEL WITH IT, YOU WILL BE CONSIDERED TO HAVE TRAVELLED WITHOUT A BOARDING PASS. IF YOUR BOARDING PASS IS SPOILED OR TAMPERED WITH BEFORE YOU TRAVEL, THEN WE MAY REPLACE YOUR BOARDING PASS IF YOU ASK FOR A REPLACEMENT A REASONABLE TIME BEFORE YOU TRAVEL, AND YOU PROVIDE US WITH PROOF OF YOUR PURCHASE, YOUR IDENTITY, AND A REASONABLE EXPLANATION AS TO WHY YOUR BOARDING PASS WAS SPOILED OR TAMPERED WITH. WE MAY REFUSE TO REPLACE YOUR BOARDING PASS IF IT IS REASONABLE TO DO SO. WE MAY CHARGE YOU A REASONABLE ADMINISTRATION FEE FOR REPLACING YOUR BOARDING PASS.

4.7 Make sure you are on the correct service: You are responsible for making sure that you meet any service on which you are travelling at the relevant boarding point and for getting-off the service at the right destination.

4.8 YOU SHOULD ARRIVE AT THE BOARDING POINT AT LEAST 15 MINUTES BEFORE DEPARTURE:

(a) Arrival: You should arrive at the boarding point for a service at least 15 minutes prior to the timetable departure time for that service.

(b) Effect of late arrival: We may give your seat to another passenger if you arrive later than the scheduled departure time, in which case you will be considered to have missed the service. We shall not be liable to you if you miss any service as a result of your late arrival, and shall not be obliged to hold up any service to wait for you, or to provide a seat on any other service, if you miss a service.

4.9 You must allow sufficient time for connections: You must allow plenty of time for an Odyssey Service to arrive in time to connect with other forms of transport provided by other carriers on which you are planning to travel. Where such other form of transport involves air travel we recommend you allow at least 90 minutes before your flight check-in time. Please note Odyssey Coaches is not liable for any loss, damage, liability or cost suffered by you as a result of any delay to any Odyssey Coaches Service.

4.10 Mid-journey stops or breaks: If a short halt is made on a service for toilets breaks or stops, you must return to the coach punctually within the time allowed for the halt. We shall not be obliged to hold up the coach to wait for you, and we shall not be liable to you if you miss the coach because you return later. We will not reimburse any additional costs you may incur as a result of you missing the coach.

4.11 Joining and leaving a service: You may not board or leave any service except at the starting, or finishing, point of your journey, save for any mid journey stops or breaks permitted in Clause 4.10 above.

4.12 You may not make breaks in your journey: You may not break any journey permitted by your Booking except where there is serious delay. If after you commence a journey, you are prevented from travelling further by reason of illness, we will at our sole discretion permit you to break your journey, and to resume your journey on the next service which has available seats after you become fit to travel again.

4.13 Emergency Contact: In case of emergencies we recommend that you call the Info/Booking telephone number displayed on the ticket: In Malaysia 1 300 888 121 or In Singapore +65 6252 8366

4.14 Breach of conditions applicable to your Booking: If you fail in a material respect to comply with any condition that governs your Booking, we may cancel the ticket, and refuse you further carriage, without any obligation to refund the fare or other liability to you.

Article 5. ODYSSEY RESPONSIBILITIES

5.1 Our obligation to carry you: It is our obligation to carry you and your permitted luggage on the journeys permitted by your Booking, on and subject to these Terms & Conditions of Carriage. We will make reasonable efforts to carry you with the minimum discomfort and inconvenience.

5.2 We will not carry animals: We will not carry dogs or any other animals on any of our services. Please note that you will be refused carriage by Odyssey should you attempt to board any Odyssey ervice accompanied by an animal.

5.3 Timetable of Services: The published running times of any service are only stated approximately and we will use reasonable endeavours to minimise any disruption to your journey. In the event that our services are delayed or cancelled we will notify you of the delay and any alternative timetable as soon as reasonably practicable.

5.4 Our right to cancel: We reserve the right to alter any timetables or suspend, cancel or withdraw services, or terminate a service once it has commenced, without notice whether before or after you have reserved a seat on the service, and to substitute an alternative service.

5.5 Our liability for cancellations and withdrawals of services:

(a) Our liability is limited to what is stated in these Conditions: Except as provided in these Terms & Conditions of Carriage, we shall not be liable for any loss, damage, liability, or cost suffered by you as a result of any cancellation or withdrawal of any service by us, or any delay to any service, or termination of any service.

(b) No liability if you have no reservation: If we cancel or withdraw a service before it has commenced and you do not have a seat reserved on it, we shall have no liability to you.

(c) Cancellation before service has commenced: If we cancel or withdraw a service before it has commenced, otherwise than due to a circumstance beyond our reasonable control, and you do have a seat reserved on it, our liability will be at our option to:-

(i) carry you on another service with available seats and where necessary extend the validity of your Booking;

(ii) make suitable alternative arrangements to carry you to your destination on another coach, or other mode of transport as we deem fit; or

(iii) cancel the Booking and allow you to claim a refund of the full amount of the fare, if no portion of the Booking has been used, or if the outward part of a return Booking has been used, 50% of the fare.

(d) Cancellation after service has begun: If a service on which you are travelling commences and is terminated before reaching your destination, other than for a reason outside our control, our liability will be at our option to:-

5.1 Our obligation to carry you: It is our obligation to carry you and your permitted luggage on the journeys permitted by your Booking, on and subject to these Terms & Conditions of Carriage. We will make reasonable efforts to carry you with the minimum discomfort and inconvenience.

(i) make suitable alternative arrangements to carry you to your destination, such as another service, carrier, coach, train, private car, or taxi, which you shall not unreasonably refuse; or

(ii) provide a substitute coach, which may lack all of the advertised facilities;

5.6 We have no liability for circumstances beyond our control: We shall have no liability for any delay or failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, fire and/or damage at a station, compliance with requests of the police, customs or other government officials and security services, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety;

5.7 Our maximum liability to you: Our maximum liability to you for any reasonable and foreseeable loss, damage or liability (including but subject to the limitation set out in Clause 7.11 for loss or damage to your luggage)which you may suffer or incur as a result of our failure to carry you, our delay in carrying you, breach of our contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our officers, employees, agents, representatives or sub-contractors, shall be limited to an aggregate of RM500 or SGD$250;

5.8 Death and Personal Injury: We do not exclude or limit our liability for death or personal injury resulting from our negligence.

Article 6. REFUNDS

6.1 What refunds are allowed: You are not entitled to cancel your Booking, and we shall not be obliged to refund to you any fare for your Booking in any circumstances, except for any refunds expressly allowed in these Terms & Conditions of Carriage.

6.2 Refunds for delay or cancellation of service: If the coach you were booked to travel on is delayed or cancelled or there are insufficient seats and as a consequence you reasonably decide not to travel, you may claim a refund if you return the Booking details to either the office or agent where you bought it or the Refunds Department in accordance with the general rules set out in Clause 6.7 below. If you have used the outward part of a return ticket we will refund 50% of the return fare.

6.3 Odyssey eTickets: Where you have purchased a full fare eTicket from the internet you are entitled to a refund subject to you complying with the general rules for refunds set out in Clause 6.4 below.

6.4 General rules for refunds: In any case where we are obliged to provide a refund, we will only be obliged to give you that refund on the following conditions:-

(a) You must make the refund claim: You must make your claim for a refund yourself and if asked you must provide reasonable proof of your identity and purchase. If you have a Booking which covers more than one person, the claim for a refund must be made by all of those persons at the same time. You are only entitled to a refund if you have paid the fare which is being refunded.

(b) Time Limits: Your claim for a refund must be made no later than 14 days after the date on which your Booking Confirmation, Odyssey eTicket is valid for travel.

(c) You must return your ticket: When making your claim for a refund, you must return your ticket to us no later than 14 days and made your claim for a refund. We will not be obliged to give you a refund until we have received your ticket.

Article 7. LUGGAGE

7.1 Permitted Luggage: We will carry your luggage on and subject to these Terms & Conditions of Carriage. You are allowed to take onto a service one or two medium sized suitcases or rucksacks (no more than 20kg per item) and one small piece of hand luggage. In this context, hand luggage means something that is capable of fitting under seats. We shall have no obligation to carry luggage in excess of the permitted amount.

7.2 Prohibited contents:

(a) Prohibited luggage: We are not obliged to carry any of the following items of luggage, and you may not bring them onto any coach: any weapons, drugs or solvents (other than medicines), live or dead animals, fish or insects, battery powered wheelchairs / disabled scooters, prams, non-folding pushchairs, non-folding bicycles and surfboards, or any items which are in our opinion are unsafe, or may cause injury or damage to property, or which are considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable, or items with sharp or protruding edges, or any item over 20kg in weight or any other item no permitted by laws in Malaysia and Singapore.

(b) What happens if you take prohibited luggage: If you take any of these items onto any coach, we may remove them from the coach immediately on discovery, and leave them outside the coach, wherever they may be situated. If you have any doubts as to whether we will carry any particular item, you should obtain our written confirmation before booking your journey. If you take any prohibited items of luggage onto a coach or into a station, we shall not be liable for any loss or damage occurring to such items for any reason whatsoever.

7.3 Packing and identification of luggage: You must pack all of your luggage safely and securely, and lock and fasten it, with a view to protecting your luggage from loss, damage or interference, and to protecting any other property on a coach from being damaged by your luggage. All luggage which is given into our custody should be clearly and appropriately labelled and include a contact telephone number where possible. We will not be obliged to carry any luggage which has not been properly packed or labelled.

7.4 Inspection of luggage: We shall be entitled to inspect all of your luggage, for the purpose of ensuring compliance with the above requirements. We shall not be obliged to carry you or your luggage, and shall be entitled to remove you from any coach, if you refuse to submit to a search.

7.5 Storage of luggage: All luggage other than hand luggage will be stored in any hold or other storage compartment on the coach, and not in the passenger compartment of the coach.

7.6 Getting the luggage onto a service: Drivers will load and unload luggage, except as described in 7.1 but it is your responsibility to see your luggage put on and taken off a coach, or during immigration and custom clearances. Except for any luggage stored in the hold of a coach, you must also look after your luggage at all times, including at any station and your hand luggage whilst on a coach.

7.7 Small valuables and important items: Small valuable items should not be stowed in the luggage hold under any circumstances but should be taken on board a coach as hand luggage. Small valuable items includes money, medication, jewellery, precious metals, laptop computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports, visas, tickets and identification documents. Small valuable items may be placed under your seat, but should not be left unattended by you. Where possible, small valuable items should be carried on your person.

7.8 Lost Luggage:

7.8.1 Our liability for lost luggage: If you leave behind or lose any of your luggage on a coach or at a station we shall take reasonable care of that luggage.

7.8.2 We will store lost luggage: If we find any of your luggage on a coach or at a station, we will store it at such location as we may decide, but all such storage will be at your risk. We may charge you a reasonable administration fee for the storage and return of your lost luggage.

7.8.3 Our right to dispose of lost luggage: If you have not collected your lost luggage within 1 month of our receiving or finding it, we may dispose of your luggage in any manner we wish, including by destruction or sale, and we shall be entitled to keep any sale proceeds. We shall be entitled to open and examine any left or lost luggage. If there are any items which we consider are dangerous or perishable or otherwise unsuitable for storage, we shall be entitled to dispose of those perishable items within 48 hours of our receiving or finding such items.

7.8.4 You must hand over lost luggage of other people: If you find any property of any other person on any coach or at any station, you must hand it over to us immediately. If you find any property on any coach you shall hand it over to the coach driver where possible.

7.9 Notification of loss or damage: If during any journey you should lose any of your luggage or any of your luggage is damaged you must notify a member of our staff as soon as possible after you discover the loss or damage. You must confirm any loss or damage of your luggage within 48 hours after the end of your journey by writing to Odyssey Travel Sdn Bhd, Lot No. K-LG-01, Lower Ground Floor, eCurve, No2A, Jalan PJU 7/3, Mutiara Damansara, 47810, Petaling Jaya, Selangor, Malaysia. If you do not notify us of any loss or damage to your luggage as required, then we will not be liable for that loss or damage.

7.10 Our liability for loss or damage to Luggage: Your luggage shall be at your risk at all times. You should insure your luggage with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the luggage, with no excess.

Article 8 PASSENGER BEHAVIOUR

8.1 Required behaviour and prohibited behaviour: You shall behave in a reasonable, sensible and lawful manner on a coach and at any station, use mobile phones considerately with the comfort of other passengers in mind and you shall not: be abusive or threatening to any staff or any other person; or conduct yourself in a way which may endanger yourself, any coach or station or any person or property on board any coach or at any station; or obstruct any driver, officer or staff in the performance of their duties or fail to comply with their instructions; or behave in a manner which causes discomfort, inconvenience, damage or injury to other persons; or obstruct or allow any of your luggage to obstruct any aisle or emergency exit; or play any radios, cassette or CD players, personal stereos, musical instruments or radio or electronic devices that are audible and distracting or annoying to any person or which interfere with or render less audible any public address system or other equipment, or take onto any coach or into any station any alcoholic drinks or drugs (other than medicines) for the purpose of consuming them, or consume them on any coach or in any station; or board any coach whilst under the influence of alcoholic drinks or drugs; or smoke; or board any coach whilst you are seriously ill or suffering from any serious contagious illness.

8.2 Consequences of bad behaviour: If you fail to comply with any of the behaviour rules in Clause 8.1, or we have reason to believe you may continue any conduct in breach of those behaviour rules, we shall be entitled to restrain you, remove you from the coach or station, refuse you further carriage, cancel your booking without refund, and take any other measures as we consider necessary to prevent continuation of such conduct.

8.3 Our liability for behaviour of other passengers: Whilst we will use our reasonable efforts to control the behaviour of other passengers on a coach or at a station, we will not be liable to you for any act or omission of any other passenger on a coach or at a station.

Article 9 GENERAL

9.1 Governing Law: Your ticket, the contract with us to carry you, and any carriage we provide to you shall be governed by Malaysian and Singaporean laws where applicable, and either the Malaysian or Singaporean courts shall have exclusive jurisdiction.

9.2 Severability: Each of the provisions of these Terms & Conditions of Carriage shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from these Terms & Conditions of Carriage, and the remaining provisions of these Terms & Conditions of Carriage shall continue in full force and effect and be amended as far as possible to give valid effect to the intentions of the parties under the severed provision.

9.3 Your personal data: Your personal data (including details of and copies of your travel documentation) given to us by you or our agents or representatives may be kept on record by us, and used and disclosed by us for the purposes of administering your Booking, purchasing tickets for your carriage by carriers other than us, making seat reservations for you for travel on any service, administering, performing and exercising any rights under your carriage contract with us, these Terms & Conditions of Carriage, and complying with any legal obligations we may have to make available such data to government agencies or other persons in connection with your travel. In carrying out this purpose, we may disclose your personal data to our own offices, our agents and representatives, sub-contractors, government agencies, and any other carriers. You consent to this receipt, use, disclosure and transfer of your personal data.

9.4 Amendments and waivers: None of our employees, agents, or representatives, have authority to alter, modify or waive any provision of these Terms & Conditions of Carriage.

9.5 Third Party Rights: Unless otherwise stated in these Terms & Conditions of Carriage, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any term of these Terms & Conditions of Carriage or any other term of the contract to carry you and the applicable local Acts shall not apply.