Travel policy

• Providers of Travel: Businesses that actually provide travel services, such as airlines, trains, hotels, resorts, and cruise ships, may list items such as their own gift certificates, airline tickets, lodging, cruises, or vacation packages. As providers of the actual travel service, they are often exempted from seller-of-travel laws and need not provide travel licensure information. However, they should clearly identify themselves in the listing as the actual provider of the travel services offered.

• Travel agents and other businesses selling travel services: Businesses and individuals who sell and/or arrange air or sea travel or accommodations (but do not directly provide the travel service themselves) may list air- and ship-related travel items (i.e. airplane tickets and cruise trips), along with accommodations, on eBay only if they are licensed as travel agents in Malaysia, and they themselves will be booking the travel for the winning bidder. The listings must set out (a) their Malaysian travel agent licence number; and (b) the place of business under which they carry on business. It is against eBay policy for travel clearinghouse affiliates, who are not actual agents booking the travel themselves, to list travel listings on the site. Sellers are required to include the following disclaimer in all listings for travel exactly as it appears below and in a text size and colour that can easily be seen and read by all bidders:

  "By listing this auction, I verify that I am the actual travel agent or travel provider and not a third party affiliate. The travel/accommodations in this auction will be booked directly through me and not an outside agency. I also verify that, other than the government taxes and related government fees stated within the listing description itself, there will be absolutely no additional fees, charges or after-auction purchases associated with booking the travel within this listing."

  For travel services other than air or sea travel, businesses and individuals may offer gift certificates or coupons that are issued by a specific provider of travel, such as a gift certificate to a particular hotel. They may not, however, offer travel club memberships or "choice travel" certificates (see below).

• Individuals: Individual travellers who are not in the business of selling travel services, but simply wish to sell an unused air- or sea-related travel voucher or gift certificate, may do so no more than one trip per month provided that the item is not a travel club membership or "choice travel certificate", (see below) or related item. In such instances, the seller may play no role in arranging any travel other than delivering the item. Please note that many airline tickets, vouchers, and frequent flier miles are not transferable, and sellers should review any travel-related item before listing to make sure that it can be transferred legally to another party and will be accepted by the issuing provider of travel services.

• Travel club memberships and "choice travel" certificates: eBay will not permit listings of travel club memberships or "choice travel certificates" or similar items by any user. Travel club memberships include any service, cards, or identification number that purports to give the holder the right to free or discounted travel, that is, certificates that entitle the holder to some travel-related benefit (such as free or low-cost hotel stays) with a variety of travel providers.

  eBay does not permit listings of "choice" travel certificates by any user. Choice travel certificates are documents that are not issued directly by a single provider of travel, but by travel wholesalers, consolidators, or other middleman travel sellers. These certificates generally offer the holder free or low-cost travel services with a choice of multiple hotel chains, resorts or airlines, the exact location often being at the choice of the buyer or seller. They may not be listed on eBay by any user.

• Sightseeing or shopping tours:

  In Malaysia, it is a legal requirement that any advertisement on any sightseeing or shopping tours issued by or on behalf of a licensee shall contain the following particulars:

  • the duration of the tour;
  • the price of the tour;
  • the means of travel;
  • the destination and itinerary, where applicable;
  • the date, time and place of departure and return;
  • the nature of accommodation and the number and type of meals offered;
  • any additional facilities or special arrangement offered;
  • the procedure for making bookings and the conditions under which bookings are made, any;
  • other incidentals such as transfers to and from airport and hotel, porterage, tips, taxes, fees to places of entertainment and of interest, and tour escorts; and
  • the cancellation fee payable if the booking is cancelled by the client and the terms and conditions upon which a booking may be cancelled.

• The Tourism Industry Act 1992 governs the licensing of travel agents and the regulation of their operations. If your activity amounts to “carrying on business of travel agent”, you will need to apply for a travel agent's licence with the Licensing Division of the Ministry of Tourism. Under Section 5(2) of the Tourism Industry Act 1992, it is an offence for any person to carry on or operate or hold himself out as carrying on or operating:

  (a) a tour operating business; or

  (b) a travel agency business, unless it is a company and holds a valid licence granted

• “Tour operating business" means any business of providing all or any of the following services:

  (a) arranging for sale or commission any transportation, accommodation, tour services or any other incidental services for tourists within or outside Malaysia; (b) organizing or conducting for sale or commission inbound or outbound tours; (c) providing conveyances for hire to tourists; (d) any other services incidental to any of the services enumerated above

• "Travel agency business" means any business of providing all or any of the following services:

  (a) selling, arranging or making available for commission, tickets entitling a person to travel on any conveyance either by land, sea or air;

  (b) selling, arranging or making available for commission, accommodation places within Malaysia or outside Malaysia;

  (c) any other services incidental to any of the services enumerated above

• If you are making a travel-related listing, please note that you are required to, “when publishing (whether in a newspaper or otherwise)” any advertisement relating to or in connection with the business of a travel agent, include the following particulars: a) the number of the licence issued to him; and (b) the place of business under which he carries on business.

eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of travel-related items is highly regulated, or may cause harm to eBay or its members, sellers are restricted in their listing of them on eBay.