Advanced OTA Platform Protection Clauses
For Website
https://cruise.xqholidays.com.myPlatform Operator
Xiao Qiang Holidays Sdn Bhd
Effective Date
3 March 2026
These clauses are intended to supplement the Terms of Use and Booking Conditions and provide additional legal protection typically used by international online travel marketplaces.
1. Platform Marketplace Status
The website operates as an online travel marketplace that connects customers with independent cruise operators offering maritime tours and experiences.
Xiao Qiang Holidays Sdn Bhd acts solely as a booking facilitator and intermediary.
The company does not own, operate, or control any cruise vessels listed on the platform and does not supervise the operational delivery of cruise services.
All operational responsibility including vessel safety, crew conduct, navigation, maritime compliance, passenger safety procedures, and onboard services rests solely with the cruise operator.
Customers acknowledge that Xiao Qiang Holidays Sdn Bhd is not a carrier, tour operator, or maritime service provider.
2. Third Party Operator Responsibility
Each cruise experience listed on the platform is operated by an independent cruise operator.
The cruise operator is solely responsible for:
- operation of the vessel
- passenger safety procedures
- crew management
- maritime safety compliance
- insurance coverage where applicable
- delivery of the cruise experience
The platform does not assume responsibility for the acts, omissions, negligence, or operational decisions of the cruise operator.
3. Operator Liability Transfer
By completing a booking through the platform, the Buyer acknowledges that the cruise service contract exists directly between the Buyer and the cruise operator.
Xiao Qiang Holidays Sdn Bhd shall not be considered a party to the operational service agreement between passengers and the cruise operator.
Any claims relating to service quality, operational incidents, or cruise delivery must be addressed directly to the cruise operator.
4. Passenger Waiver and Assumption of Risk
Passengers acknowledge that maritime activities involve inherent risks including vessel movement, sea conditions, weather changes, and marine environments.
By participating in the cruise experience, passengers voluntarily assume these risks.
Passengers confirm that they are physically capable of participating in the cruise and accept responsibility for their own health and safety during the activity.
Passengers agree that Xiao Qiang Holidays Sdn Bhd shall not be liable for injuries, accidents, losses, or damages occurring during cruise operations conducted by the cruise operator.
5. Booking Confirmation Acceptance
Completion of a booking and payment through the website constitutes acceptance of all terms, policies, and waivers associated with the booking.
The booking confirmation email serves as official proof of acceptance of these Terms.
The Buyer confirms that all passengers included in the booking agree to these Terms and conditions.
6. Dispute Resolution
In the event of a dispute arising from the use of the platform, the parties agree to first attempt resolution through direct communication and good faith negotiation.
If a resolution cannot be reached, the dispute shall be subject to the jurisdiction of the courts of Malaysia.
Nothing in this clause prevents the platform from taking legal action to protect its rights or enforce payment obligations.
7. International Customer Jurisdiction
Customers located outside Malaysia acknowledge that the services offered through the platform are provided by a company registered in Malaysia.
Any legal proceedings related to bookings made through the platform shall be governed by Malaysian law.
Customers agree that disputes shall be handled within the jurisdiction of Malaysian courts unless otherwise required by applicable consumer protection laws.
8. Third Party Operator Indemnity
The Buyer agrees to indemnify and hold harmless Xiao Qiang Holidays Sdn Bhd from claims, damages, losses, liabilities, or legal expenses arising from:
- misconduct of passengers
- breach of these Terms
- false passenger information provided during booking
- violations of maritime regulations
- disputes arising from services delivered by cruise operators
This indemnity extends to the company's directors, employees, representatives, and affiliates.
9. Platform System Availability
The company makes reasonable efforts to ensure the website and booking platform operate reliably.
However the company does not guarantee uninterrupted access to the platform.
Service interruptions may occur due to system maintenance, technical issues, internet disruptions, or third party service failures.
The company shall not be liable for losses arising from temporary unavailability of the website or booking system.
10. Limitation of Platform Liability
To the maximum extent permitted by law, Xiao Qiang Holidays Sdn Bhd shall not be liable for:
- operational incidents occurring during cruise services
- injuries or accidents on board vessels
- loss of personal belongings
- schedule delays or cancellations caused by operators
- errors originating from operator reservation systems
- force majeure events including weather conditions and maritime safety requirements
The total liability of the platform, where legally applicable, shall not exceed the booking service fee received by the company.
11. Acceptance of Terms
By accessing the website, browsing cruise listings, or completing a booking, users acknowledge that they have read, understood, and agreed to these Terms.
Users who do not agree with these Terms must not use the platform.
High Risk Activity Liability Shield
Cruise tours and maritime experiences offered through the platform may involve activities conducted in marine environments and may include inherent risks associated with sea travel, vessel movement, weather conditions, water based environments, and other maritime factors.
By making a booking or participating in a cruise experience, passengers acknowledge and accept that such activities may involve risks that cannot be completely eliminated even when reasonable safety measures are implemented.
Passengers confirm that participation in cruise activities is voluntary and undertaken at their own risk.
Passengers are responsible for assessing their own physical condition, medical fitness, swimming ability where applicable, and general suitability to participate in maritime activities.
Passengers agree to follow all safety instructions provided by the cruise operator, vessel crew, and maritime authorities during the cruise.
To the fullest extent permitted by law, passengers agree that Xiao Qiang Holidays Sdn Bhd, its directors, employees, representatives, and affiliates shall not be liable for any injury, illness, accident, loss, damage, delay, or death arising from participation in cruise services or related maritime activities conducted by independent cruise operators.
Passengers further acknowledge that maritime activities may involve unpredictable environmental conditions and operational risks beyond the control of the booking platform.
Accordingly, passengers agree to release and hold harmless Xiao Qiang Holidays Sdn Bhd from any claims, liabilities, damages, or legal actions arising from incidents occurring during the operation of cruise services delivered by third party operators.
Nothing in this clause excludes liability where such exclusion is prohibited by applicable law.
