Terms and conditions
This Agreement is concluded between BALI INDAH AKTIVITAS PT represented by the director I Kadek Gunawan (hereinafter referred to as the “Company”) and the Client conditioned upon the Client’s compliance with the terms of using the system of searching and reserving (booking) of tourism services on mybalitrips.com website (hereinafter referred to as the “Site”).
1. SCOPE OF THE AGREEMENT AND DEFINITIONS
1. The Client shall mean a person referring to the Site with the request for the provision of services on searching and/or reserving (booking) of tourism services, and third parties, for the benefit of whom the Client is acting, persons accompanying him/her (accompanied by him/her), including minors.
2. Tourism services shall mean services, consumer attributes and information about which are indicated on the Site. Tourism services may include a package of services including accommodation, transportation, transfer, excursions, and other services.
3. The Client performs search of the required tourism services, forms the order (request for tourism services reservation) using the system of reservation (filling in the request form) independently or assisted by managers of the Site and pays for the services of searching and/or reserving (booking) of tourism services.
4. The Company, on behalf of the Client, according to the terms indicated by the Client in the request for reservation, and at the Client’s expense, shall be obliged to perform legal and other acts with the purpose of rendering the following services to the Client:
• Checking tourism services Provider’s ability for rendering services, which have been ordered by the Client on the terms (date, time, number of persons, price), indicated by the Client in the request for reservation (hereinafter referred to as the “ordered package of services”).
• Reserving (booking) the package of services ordered by the Client through the Provider until the Client covers the cost of the ordered package of services in full.
• In cases stipulated by this agreement, buying out the ordered package of services from the Provider at the Client’s expense.
5. Tourism services, which comply with the terms indicated by the Client in the request for reservation (the package of tourism services), shall be formed and rendered to the Client by Providers, indicated on the relevant reservation page on the Site and/or in the electronic document “Order Details” and/or in the electronic ticket.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The Company shall be obliged to:
2.1.1. Perform legal and other acts with the purpose of selecting and/or reserving (booking) through the Provider tourism services, which comply with the features, indicated by the Client in the request for reservation.
2.1.2. Provide the Client with the information on consumer attributes of tourism services, the Provider’s ability to render tourism services to the Client as well as other information, stipulated by this Agreement.
2.1.3. Accept payment for tourism services from the Client and buy out the ordered package of services from the Provider at the Client’s expense.
2.2. The Company shall have the right to:
2.2.1. Ask for the Client’s data, required for execution of this Agreement.
2.2.2. Use the Client’s personal data, provided by the Client during the process of forming the request for reservation, upon the Client’s consent.
2.2.3. Refuse to execute the Agreement in cases of non-provision or delayed provision of the Client’s data or the Client’s provision of inaccurate data and/or copies of documents, required for execution of the Agreement, the Client’s breach of the terms of payment or any other obligations, established by this Agreement.
2.2.4. Engage third parties in the process of services provision under this Agreement.
2.3. The Client shall be obliged to:
2.3.1. Learn all the information about tourism services, indicated on the Site, including consumer attributes, delivery time, document requirements and timeframe for their submission, terms of payment, possible restrictions (age limits, health restraints etc.), potential risks before forming the order (filling in the request for reservation), reserving tourism services and paying for tourism services. Shall you require any additional information, please contact managers using contact details, indicated on the Site.
2.3.2. Provide data, required for execution of the Agreement (information about age, name and surname, passport details etc.) as well as indicate data, required for execution of the Agreement, in the request for reservation or provide the indicated data through managers of the site at least 48 hours before tourism services provision (preferred date and time of the trip). Other timeframe for providing the data can be agreed in terms of reservation or indicated on the website.
2.3.3. Provide accurate information about the address of accommodation, name of the hotel, villa, confirmed with a link to Google maps service in order to avoid mistakes because of the same or similar names of hotels or villas, indicate accurate e-mail address and phone number or any other available means of communication for immediate connection between the Client and the manager.
2.3.4. Perform timely payment for tourism services in compliance with the terms of tourism services provision (rates), indicated on the Site and/or in the electronic document “Order Details”, an electronic ticket, a dashboard.
2.3.5. At a reasonable time, at least 48 hours before tourism services provision, inform managers of the Site in writing about circumstances, preventing from services provision.
Circumstances, preventing from services provision, include but are not limited to different types of the Client’s diseases and related medical contraindications. Information about circumstances, preventing from services provision, shall be provided by the Client by sending the relevant notification to managers of the site to the following address: info@mybalitrips.com.
Upon receipt of the notification, on a case-by-case basis, managers of the site together with the Provider, depending on certain circumstances, preventing from services provision, take a decision regarding possible cancellation of the tour, making changes in the reservation, returning the effected payment etc.
2.3.6. Receive from the Company the required documents for services provision (an electronic ticket) prior to service provision. The documents shall be delivered to the Client by the Company using electronic means of communication by sending an e-mail, or messenger, or sms to the Client’s number with the link to the dashboard, containing an electronic ticket, or an electronic ticket. The Client shall be obliged to learn the received documents (order details, the electronic ticket) and immediately inform the Company in case of any faults found.
2.3.7. Timely arrive at the gathering place – hotel, airport, railway station, point of meeting etc. Non-arrival (coming late) for departure regardless of the reasons means the Client’s refusal from tourism services provision. In this case advanced payment/payment for the services shall not be returned.
2.3.8. Have life and health insurance police, valid within the territory of the Republic of Indonesia, for the period of service provision, including life and health insurance for practicing extreme sports. The Company shall only provide reservation services, insurance police shall not be provided.
2.3.9. Follow the rules of personal safety during the trip.
2.3.10. Take good care of all the objects and equipment, provided to the Client by the Provider during tourism services provision, damage, loss, demolition are covered by the Client according to the service Provider’s rates.
2.3.11. Immediately inform the Company on Provider’s default in providing tourism services, non-delivery or inappropriate delivery of tourism services by the Provider.
2.3.12. Make persons, indicated in the request for reservation, learn all the information, provided by the Company to the Client in case if the Client has concluded this Agreement not only on his/her behalf but also on behalf and for the benefit of other persons, indicated or not indicated in the request for reservation; herewith, the Client guarantees that he/she has the authority to make a deal for the benefit of others. The Client and the persons, indicated in the Order, shall be obliged to comply with all the terms, stipulated by this Agreement. The Client shall be responsible before the Company for observing the obligations, stipulated by this Agreement, by persons, for example children, either indicated or not indicated, but having relation to the Order.
2.4. The Client shall have the right to:
2.4.1. Receive the information, provided by the service Providers to the Company, upon conclusion of the Agreement.
2.4.2. Refuse to execute this Agreement provided that the Client has covered the Company’s actual costs incurred in connection with execution of obligations under this Agreement and penalties.
3. PROCEDURES FOR RENDERING SERVICES
3.1. Upon receiving the Client’s “Request for reservation”, which includes information about tourism services, chosen by the Client, preferred dates of receiving tourism services, number of persons, a manager of the Site notifies the Client that the request for reservation has been received and is being processed. During the request’s processing the manager of the Site contacts the tourism services Provider to check its ability/non-ability of rendering tourism services to the Client.
3.2. In case of non-ability of the Provider to deliver the ordered tourism services, a manager of the Site informs the Client about the Provider’s non-ability, and this Agreement is deemed to be dissolved.
3.3. In case if information on the Provider’s ability to provide the ordered tourism services for the Client has been received from the Provider, a manager of the Site provides the Client with accurate data on the ability of the Provider to provide tourism services for the Client, on correctness and relevancy of the cost of tourism services, terms of payment, possible dates of tourism services provision by sending the Client an electronic document – “Order Details” - via electronic means of communication.
Information about consumer attributes of tourism services, possible restrictions (age limits, health constraints etc), potential risks, and other types of information are published on the Site; the Client shall be obliged to learn the abovementioned information independently in compliance with item 2.3.1. of this Agreement.
3.4. After learning the received electronic document “Order Details” the Client shall fill in the electronic document “Order Details” in return, indicating his/her personal data (surname, first name and patronymic, address of stay, phone number etc.) and perform a check of the electronic document “Order Details”.
In case if the Client sends the electronic document “Order Details”, containing the Client’s personal data, to the address of the Company, and/or provides a manager of the Site with his/her personal data, it shall mean the Client’s consent for using, processing and storage of his/her personal data by the Company.
The Client confirms his/her consent on the purchase of tourism services by sending a manager of the Site the electronic document “Order Details”, containing all the required information about the ordered tourism services and the Client’s personal data. The electronic document “Order Details” is considered to be sent to a manager of the Site after clicking SEND or RESERVE button by the Client.
3.5. The Client shall effect payment for tourism services using a method, indicated in the electronic document “Order Details”. Making an advanced payment can be stipulated as a mandatory requirement for tourism services reservation.
3.6. A manager of the Site forms the Client’s order within the internal reservation system and sends the Client’s order to the Provider. After receiving reservation confirmation from the Provider, a manager of the Site sends this reservation confirmation to the Client in the form of an electronic ticket by means of electronic communication. The electronic ticket includes information, provided by the Client, as well as all the terms of tourism services provision (date, duration of tourism services provision, service provider, price etc.) The electronic ticket and/or link to the electronic ticket are sent by a manager of the Site to the e-mail address, indicated by the Client, or to other contact details.
After a manager of the Site receives the Clients consent and sends electronic ticket to the Client, tourism services are deemed to be reserved in the name of the Client, reservation is “agreed”.
3.7. In case if making changes in the terms of the agreed reservation is required (changing the terms of tourism services provision), the Company immediately informs the Client about the terms to be changed (duration of provision, consumer attributes, price etc.) and the reason for the required changes in the terms of reservation. After receiving the notification about the required changes in the terms of the agreed reservation the Client informs a manager of the Site about the possibility of making changes in the reservation – sends a manager of the Site consent for making changes in the reservation or refusal from receiving tourism services on the changed terms.
In case if the Client’s consent for making changes in the terms of reservation is received, tourism services are provided by the Provider on the changed terms.
In case of the Client’s refusal from receiving tourism services on the changed terms and the Provider’s non-ability to provide tourism services on the terms, indicated in the reservation, the reservation shall be canceled. Upon cancellation of the reservation the Company, at the Client’s option, performs reservation of similar or other tourism services or returns the effected payment to the Client deducting actual costs incurred.
In case of non-receipt of either consent or refusal from the Client within 48 hours, it is deemed that the Client agrees with the changes.
3.8. The Company shall have the right to cancel the reservation in the following cases:
— If the Client does not provide the required additional information and documents or the Client provides inaccurate information (phone number, address of stay, including name of the hotel, room number etc.).
— In case of non-payment or delayed payment for tourism services.
3.9. The terms of the Client’s cancellation of reservation depend on the type of tourism services provided, the terms of reservation (with open date or with fixed date), terms of payment for tourism services, the time when the Client sends the notification to the address of the Company about refusal from tourism services provision.
3.9.1. In case if the agreed reservation envisages open dates of tourism services provision or the agreed reservation contains terms for confirming the date of tourism services provision depending on the formed group of a particular number of people and/or weather, or other terms of services provision, the Client may cancel the reservation before confirming the fixed dates of services provision.
2.9.2. In case if the agreed reservation envisages fixed dates of tourism services provision and the only condition for agreed reservation is the Client’s payment for tourism services in full, cancelation of the agreed reservation is made by deducting in favor of the Company and/or the Provider the actual costs incurred and penalties in the following amounts:
One hundred per cent of the price for tourism services, if the Client sends notification about refusal from tourism services provision less than 48 hours before tourism services provision.
Fifty per cent of the price for tourism services provision, if the Client sends notification about refusal from tourism services provision at least 48 hours before tourism services provision.
Other terms of applied penalties and their amounts can be specified in terms of reservation.
3.9.4. In case if the agreed reservation envisages fixed dates of tourism services provision and terms of the agreed reservation do not envisage advanced payment for tourism services, cancelation of the reservation is made upon the Client’s payment in favor of the Company and/or the Provider of actual costs incurred and penalties, specified in item 3.7. of this Agreement.
4. TERMS OF PAYMENT
4.1. The cost of services, indicated in item 1.4 of this Agreement, is included in the price of tourism services, rendered by the Provider to the Client. The price of tourism services, rendered by the Provider to the Client, is indicated on the relevant tourism services reservation page on the Site and in the electronic ticket.
In case of discrepancies in the information about the price of tourism services, indicated on the Site and in order details, and in the electronic ticket, the price indicated in the electronic ticket is deemed to be relevant and accepted by the Client.
4.2. The price for services, indicated in item 1.4. of this Agreement is covered by the Client during making payment for tourism services, reserved by the Client.
4.3. The terms of payment for tourism services are indicated in the electronic document “Order Details” and in the electronic ticket. The terms of payment may envisage the obligation for the Client to effect prepayment either of part of the cost of tourism services (advanced payment) or in full.
4.4. The cost of tourism services depending on the terms of payment shall be covered by the Client in favor of the Company or the Provider.
4.5. Payment is effected using electronic payment system for crediting money to the current account of the Company or the Provider, or by delivering money to the representative of the Company or the Provider.
5. TERM OF THE AGREEMENT
5.1. This Agreement comes into effect immediately after the Client forms request for reservation and a manager of the Site confirms the receipt of the request from the Client and continues until the parties execute their obligations in full or until this Agreement is terminated according to the procedure, established by this Agreement.
Full execution of the Company’s obligations towards the Client takes place when the Company sends confirmation of reservation in the form of an electronic ticket to the address of the Client and transfers the Client’s money from the Company to the Provider, if terms of reservation envisage payment for tourism services through the Company.
6. CHANGES AND TERMINATION
6.1. This Agreement can be amended or terminated by mutual consent of the parties or otherwise as stipulated by this Agreement.
6.2. The Company shall have the right to deduct penalties and the amount of expenses incurred upon execution of this Agreement from the money, paid by the Client to the Company in pursuance of this Agreement.
7. LIABILITY AND CLAIM PROCEDURE
7.1. The Company is an informational intermediary between the Client and the Provider of tourism services, information about which is published on the Site.
7.2. The Company shall be responsible before the Client for the availability of tourism services for reservation by the Client through the Provider and for effecting payment for tourism services on behalf of the Client to the Provider in case if according to the terms of reservation the cost of tourism services is paid by the Client through the Company.
In case if the Provider refuses to render tourism services to the Client on the ground of missing reservation and/or payment, the Company shall be obliged to settle the issue with tourism services provision by the Provider to the Client.
In case if the issue with tourism services provision by the Provider to the Client is not settled and the services have not been rendered by the Provider to the Client on the ground of missing reservation and/or payment, the Company shall be obliged to reserve similar or other tourism services for the Client, at the Client’s option, or return payment to the Client.
7.3. The Company shall not be responsible for:
7.3.1. The accuracy of information, provided by the Provider to be published on the Company’s Site, and published by the Company on the Site.
7.3.2. The volume, quality, and terms of tourism services provision by the Provider to the Client, stipulated by reservation. The responsibility for the volume, quality, and terms of tourism services provision rests with the service Provider.
7.3.3. The weather conditions, road conditions, sea conditions, government action, act of God, or any other factors, influencing tourism services provision.
7.3.4. Any damage or loss of the Client’s property, physical injury, or death, arising as a result of tourism services provision.
7.3.5. Any damage or loss resulting from disruption, delay, or any other system incident, breakdown of transport facilities etc.
7.3.6. Any damage or loss resulting from any personal injury, death or damage of property as a consequence of any hostility, civil commotion, or war, taking place in the country of stay, transit or destination. Any expenses for evacuation or repatriation as a result of medical condition during the trip, taking place in an automobile, on a motorbike, during walking on foot, floating, diving, staying on board the ship, or on coast, or at any other place or means of transportation.
7.3.7. Any personal belongings which have been lost or damaged during the period of services provision or after the services have been rendered.
7.4. The Client shall be responsible before the Company for the accuracy, timeliness, and completeness of the data required for making the reservation.
7.5. The Client shall be responsible before the Company for the due date of making the payment for the reserved tourism services.
7.6. The Client shall be responsible before the Provider for all the objects and equipment, used during tourism services provision, for any expenses, replacement of components or equipment, which have been damaged or lost by the Client during tourism services provision.
7.7. The Client shall consider the claims regarding the Provider’s missing reservation of tourism services for the Client and non-payment for tourism services on behalf of the Client to the Provider in case if terms of reservation envisage payment for tourism services to be made through the Company.
7.8. The service Provider shall consider the claims, transferred from the Company to the Provider, regarding the volume, quality, and terms of tourism services provision.
7.9. Upon receipt of the claim, on a case-by-case basis, a manager of the Site or the Provider, or a manager of the Site together with the Provider, depending on the grounds indicated in the claim, solve the issue by providing other tourism services, returning part of the tourism services cost or the effected payment in full, or refusing to satisfy the claim etc.
7.10. All disputes and disagreements regarding the execution of this Agreement are settled between the parties in an amicable manner. The claim can be submitted by the Client to the Company in written form within 3 days after tourism services provision. The claim can be considered for 7 calendar days from the date of receipt.
